Jason Chatfield v Netball New South Wales (with Netball Australia)

Pursuant to clause 15.5.1.3(A) of Netball Australia’s Conduct and Disciplinary Policy (Policy), the Applicant, Jason Chatfield (the Coach), appealed the decision of an Internal Hearing Tribunal (Internal Tribunal), convened by the Respondent, Netball New South Wales (NNSW).

The Internal Tribunal found that the Applicant breached clause 2.1 of Netball Australia’s Member Protection Policy (Member Protection Policy), via social media posts.

The sanctions applied by the Internal Tribunal were that the Coach:

• be suspended from engagement in all Activities as defined by the Policy, for a period of 18 months;
• be mandated to remove the online posts; and
• complete a ‘Play by the Rules’ online harassment and discrimination module.  

The Coach appealed the decision of the Internal Tribunal on two grounds prescribed at clause 15.4.1 of the Policy, namely:

• that the Internal Tribunal failed to abide by the Policy, and such failure resulted in a denial of natural justice (first appeal ground); and
• no reasonable decision maker in the position of the Internal Tribunal, based on the material before them, could reasonably make such a decision (second appeal ground). 

The NST Member considered submissions and evidence from the Parties, relevant Netball Australia policies, previous NST General Division determinations, and common law focused on the relevant grounds of appeal sought by the Applicant.

In accordance with clause 15.9.1.2 of the Policy, the NST Member upheld the second appeal ground.

The NST Member held that the Internal Tribunal was correct to reasonably find that the Coach did make social media posts and comments towards the complainant in breach of clause 2.1 of the Member Protection Policy. However, in applying the sanctions listed above, the NST Member held that the Internal Tribunal made specific findings without factual foundation, failed to give appropriate weight to compelling and mitigating factors, and issued sanctions which were disproportionate to the nature of the social media posts and comments.

According to the Policy, the NST Member reduced the Coach’s period of suspension from Activities to 6 months, and upheld the remaining sanctions applied by the Internal Tribunal.