National Sports Tribunal (Practice and Procedure) Determination 2024 (Cth)

National Sports Tribunal (Practice and Procedure) Determination 2024

I, Dr Michelle Gallen, Chief Executive Officer of the National Sports Tribunal, make the following determination.

Dated 4 November 2024

Dr Michelle Gallen Chief Executive Officer of the National Sports Tribunal

Contents Chapter 1—Introductory provisions Part 1—Preliminary 1 Name 2 Commencement 3 Authority 3A Schedules 4 Application of this Determination 5 Definitions 6 Use of terms in this Determination 7 Waiving compliance 8 Directions other than in a hearing Chapter 2—Provisions that apply to all disputes before the Tribunal Part 1—Forms and other preliminary matters 9 Application of Chapter 2 10 Approved forms 11 Lodgement of documents 12 Lodgement of documents by email 13 Signing of documents 14 Service of documents by parties 15 Service of documents by the Tribunal 16 Requiring another party to produce documents 17 Calculation of time 18 Disputes as to jurisdiction 19 Representation 20 Persons under a legal incapacity Part 2—Expedited resolution of disputes 21 Where application to deal with a dispute requires expedition Part 3—Management of arbitration by the Tribunal 22 Notice of application 23 Responding to an application 23A Preliminary conference 24 Allocating a Tribunal member to an arbitration 25 Challenging the appointment of an arbitrator 26 Pre-hearing conferences by Tribunal members prior to arbitration 27 Joining of matters in arbitration 28 How the Tribunal informs itself in arbitration 29 Directions in arbitration 30 Agreement as to jurisdiction or procedure in arbitration 31 Timeframe for the conduct of an arbitration 32 General obligation on parties to assist the Tribunal in arbitration 33 Witnesses 34 Expert witnesses—Tribunal expert 35 Expert witnesses generally—giving evidence 36 Notice requiring person to appear before the Tribunal 37 Notice requiring person to produce documents or things, or information 38 Process for applications for notices 39 Appearance by a person to whom a notice has been issued 40 Confidentiality of hearings 41 Directions for confidentiality of information before the Tribunal 42 Recording of hearings 43 Correction of determinations Chapter 3—Anti-Doping Division 44 Application of Chapter 3 45 Where party has exercised right of appeal to Court of Arbitration for Sport 46 Hearing, standard of proof and sanctions 47 Hearings in the Anti-Doping Division - Privacy 48 Content of determinations 49 Publication of determinations Chapter 4—General Division Arbitration 50 Application of Chapter 4 51 CEO to consider whether to recommend to applicant to make an application for alternative dispute resolution 52 Tribunal may determine dispute without a hearing 52A Rules for resolution of a dispute…………………………………………………27 53 Tribunal may encourage parties to apply for mediation, conciliation or case appraisal 54 Hearings in the General Division - Privacy 55 Burden and standard of proof 56 Publication of determinations 57 Publication of a summary of each determination Chapter 5—Alternative Dispute Resolution Part 1—Application for mediation, conciliation or case appraisal 58 Application of Chapter 5 59 Timing of application for dispute resolution 60 Alternative dispute resolution list 61 Conduct of alternative dispute resolution 62 Preliminary conference Part 2—Mediation 63 What is mediation? 64 Agreement to mediate 65 Appointment of the mediator 66 Responsibilities of the mediator 67 Authority to settle 68 Conduct of the mediation 69 Suspending or terminating a mediation 70 Confidentiality and recording 71 When mediation ends 72 Mediator to ask participants whether they wish to proceed to arbitration 73 Mediator not to conduct arbitration of dispute Part 3—Conciliation 74 What is conciliation? 74A Agreement to conciliate 75 Appointment of the conciliator 75A Responsibilities of the conciliator 76 Authority to settle 77 Conduct of the conciliation 78 Suspending or terminating a conciliation 79 Confidentiality and recording 80 When conciliation ends 81 Conciliator to ask participants whether they wish to proceed to arbitration 82 Conciliator not to conduct arbitration of dispute Part 4—Case appraisal 83 What is case appraisal? 84 Appointment of the appraiser 85 Case appraisal process 86 Confidentiality and recording 87 Case appraiser to ask participants whether they wish to proceed to arbitration 88 Appraiser not to conduct arbitration of dispute Chapter 6—Appeals Division 89 Form of notice of appeal 90 Service on parties and lodgement 91 Lodgement of appeal documents 92 Lodgement of response to the appeal brief 93 First instance arbitrator not to be appointed to appeal panel 94 Agreement as to jurisdiction or procedure 95 Hearings and evidence 96 Publication of determinations on appeal Schedule 1 – Repeal National Sports Tribunal (Practice and Procedure) Determination 2021 1 The whole of the determination