Michael Freiberg and Kieran Murphy v AusCycling

The Applicants, Mr Michael Freiberg and Mr Kieran Murphy, compete within the men’s Tandem Paracycling category, in both road and track events. The Respondent is the national governing body for the sport of Cycling.

The Applicants alleged that AusCycling improperly altered its Categorisation and Standards Process. This Process is utilised by AusCycling to nominate cyclists to receive direct Athlete Income Support via the Australian Sports Commission. This alleged improper alteration resulted in the Applicants being unable to amend training programs as necessary to maximise their opportunity of being nominated to receive such income support.

The Respondent submitted that its changes to its Categorisation and Standards Process were compliant with relevant frameworks and standards and required to reflect the current international cycling environment. 

In addition, the Applicants submitted multiple allegations outside the scope of their application, and the jurisdiction of the Tribunal. The Respondent refuted allegations made by the Applicant.

The Tribunal concluded that the Respondent, in altering its Categorisation and Standards Process, did so appropriately. However, the Tribunal outlined the consideration that all National Sport Organisations should ensure changes to nomination funding criteria are publicised sufficiently well in-advance as to when such nomination funding criteria is applied, to afford its athletes as significant opportunity as possible to be nominated.

The Tribunal held the relief sought by the Applicants be declined and their application dismissed.

The determination includes discussion about the distinction between submissions and evidence and how each should be presented for consideration by the Tribunal.