Cases you can appeal
Anti-doping
You can appeal against an initial anti-doping decision that has been made by:
- the NST’s Anti-Doping Division
- another sporting tribunal
- a sporting body (in some limited circumstances).
Other types of sport disputes
You can appeal against decisions about eligibility, selection, or disciplinary disputes (and some other disputes on a case-by-case basis) that have been made by:
- the NST’s General Division (in arbitration)
- another sporting tribunal.
Cases you cannot appeal
You cannot appeal against decisions about the following types of matters in the NST:
- disputes occurring ‘in the field of play’ or the equivalent context in a particular sport
- where someone is seeking damages.
You also cannot appeal where the proceedings at first instance, ie the initial decision, specifically prohibit an appeal.
Who can bring an appeal to us
The sporting body’s rules will generally indicate who can lodge an appeal. If the original dispute is between a person and a sporting body, either one can lodge the application to appeal an initial decision made by the NST or another sporting tribunal.
The Sport Integrity Australia CEO or anyone else permitted by the sporting body’s anti-doping policy can also appeal against initial decisions made by the NST or another sporting tribunal about an anti-doping dispute.
When you can apply
You must appeal within a set time after the date of the decision you are appealing:
- anti-doping – within the time period specified in your sporting body’s anti-doping policy or 21 days of the decision/determination being appealed
- any other dispute – within 30 days of the decision/determination being appealed.
Who is involved in an appeal
Under the NST Act, certain people or bodies automatically become parties to an appeal.
Who is involved in an appeal depends on the type of appeal and whether or not the relevant sporting body’s official policies state that we can be used to resolve the type of dispute involved.
Generally, appeals involve:
- the parties to the original decision
- the applicant, if it is someone other than the parties who has a right to appeal under the relevant sport policy (for example, Sport Integrity Australia or WADA in anti-doping cases)
- other permitted people who have advised us in writing that they wish to be a party to the arbitration.
Anti-doping appeals also involve Sport Integrity Australia and sometimes WADA, if the appeal is against a decision made by a sporting tribunal.
Dispute resolution options/methods for appeals
We can only use arbitration for appeals, as this results in a final decision that is binding on all parties.
In some cases, we may not need a full re-hearing (that is a repetition of all the evidence and arguments) to deal with an appeal. The NST, in consultation with the parties, can determine circumstances in which hearings are not needed, and where the decision is made by the Tribunal based on their reading the papers from the earlier hearing. Sometimes, this mode of appeal may be set out in the rules of the sporting body.
This will speed up the appeal process, where appropriate.
Apply for an appeal
See How to apply for details of how to apply for an appeal.
Contact
For more help, contact us.