associations or clubs, but which may never have of the committee resolution, and are they covered been formally adopted by the committee. by the organisation’s insurance policy against (iii) Is the person the subject of the any claims and costs of any court action by a complaint bound by the policy/code (that is, has the disappointed party? For example, if reasons are person signed a membership form or event entry given, one party might bring a defamation claim form agreeing to be bound, or does some other legal against the tribunal members over statements rule apply binding the person)? in the reasons, or the disappointed respondent (c) Does the relevant policy/code specify might bring an action in the civil courts naming the procedures to be followed in any investigation or tribunal members and alleging that they exceeded prior to the matter being referred to a tribunal, and their powers. arethere specified time periods to be followed? (d) What information should be given to tribunal (d) Do the membership records contain relevant members prior to any hearing? information about the contat dcetailsfothe preson (e) What notice of charge or complaint has whois the subject of the complaint,ad secifynp to be provided to the respondent with what howdocuments giving notice of the complaintand information and in what time limit, whether anyhearing might be served? Fr exaple olom, der specified or for natural justice? codes and records might notmnton mlei eai. (f) Is there a disciplinary or other officer in the (e) Are there any provisiosn inthepolic/ycode organisation who is acting as ‘prosecutor’ to lead about privacy or confidentialityto beobsreved or evidence? It should not be a matter of just saying arethere any separate privayc or confienidtality here is the ‘complainant’ and leaving the tribunal to policies to be followed? its own devices to find out what the complaint is. (f) Are there any provisiosn about holdinga (g) What facilities are available to the tribunal mediation of the complaint piror toitbeing eferrdr e for physical or electronic recording? to atribunal? (h) If the tribunal must provide written reasons for its decision, does the organisation publish Tribunal appointment and issues the reasons (redacted or otherwise) online or a The various policies or codes, whether disciplinary summary of the outcome? or member protection, have different provisions about forming a tribunal and the procedures to be There are personal reputations at stake even in a followed at any hearing. The sports administrator small not-for-profit sporting body, so getting these may need to consider the following issues in issues correctly applied at the outset is critical to relation to forming an ad hoc tribunal and any a proper process to ensure a fair outcome for all hearing: those involved. (a) Is there a specification as to the It can be onerous for any sporting administrator to composition of the tribunal and what people does ‘Play by the Rules’. the organisation have to be appointed (or must independent people be found and appointed?) John Daenke (b) Does the committee have to pass a formal Principal, Daenke Lawyers resolution appointing those persons to the tribunal? ANZSLA Member (c) Does the organisation have to give tribunal www.daenkelawyers.com.au members indemnity, which may need to be part Play by the Rules Magazine Issue 29 09