Appeals Committee Code of Procedure

Modified on Thu, 6 Feb at 9:18 AM

1.1 Definitions

The following terms shall be ascribed the corresponding meanings:

Appeal means an appeal by a person against a decision of the Judiciary or Code of Conduct Committee.

Appeal Folder is defined in Rule 1.13(c)(4).

Appeals Committee means the body constituted in accordance with Rule 1.6.

Appellant means the person, who Appeals a decision of the Judiciary or Code of Conduct Committee, referred to in Rule 1.7(a).

Appellant’s Material means:

(a) All documentary or other evidence (including a written outline of the oral evidence to be adduced from any witness) on which the Appellant intends to rely at the hearing of an Appeal; and

(b) A written outline of the contentions and arguments that the Appellant proposes to advance at the hearing of an Appeal.

Code of Procedure means this document including all schedules, annexures and appendices.

Committee Member means a person appointed to the role pursuant to Rule 1.6(c).

Judiciary or Code of Conduct Committee is ascribed the same meaning as set out in the Judiciary or Code of Conduct Committee Code of Procedure.

Judiciary or Code of Conduct Committee Code of Procedure means the Judiciary or Code of Conduct Committee Code of Procedure adopted by the League.

Judiciary or Code of Conduct Committee Counsel is ascribed the same meaning as set out in the Judiciary or Code of Conduct Committee Code of Procedure.

League means the New South Wales Community Rugby League Association Committee and includes where necessary a reference to all matches, competitions, tournaments and premierships conducted by or under the auspices of the League.

Notice of Appeal means a notice in the form set out in Appendix 1 specifying all relevant particulars of an Appeal by a Person against a decision of the Judiciary or Code of Conduct Committee.

Notice of Appeal Hearing means a notice in the form set out in Appendix 4 specifying all relevant particulars of an Appeal hearing before the Appeals Committee which is issued pursuant to Rule 1.13(c)(3).

Notice of Challenge means a notice in the form set out in Appendix 3 specifying all relevant particulars of a challenge by an Appellant to the jurisdiction and / or composition of the Appeals Committee submitted in accordance with Rule 1.12.

Notice of Withdrawal of Appeal means a notice in the form set out in Appendix 2 which seeks to withdraw an Appeal in accordance with Rule 1.10(b).

Party means the Appellant or a Respondent.

Chairperson means the person appointed to the role pursuant to Rule 1.6(b).

Respondent means a person, who is a respondent to an Appeal, referred to in Rules 1.7(b).

Respondent’s Material means:

(a) All documentary or other evidence (including a written outline of the oral evidence to be adduced from a witness) on which a Respondent intends to rely at the hearing of an Appeal; and

(b) A written outline of the contentions and arguments that a Respondent proposes to advance at the hearing of an Appeal.

Appeals Administrator means the person appointed to that role pursuant to Rule 1.5.

1.2 Leave to Appeal

(a) A person, or party, who is aggrieved by a decision of the Judiciary or Code of Conduct Committee may appeal therefrom to the Appeals and Disputes Committee, by 5.00pm on the next business day following receipt of the Notice of Outcome, on one or more of the following grounds:

(1) With respect to the issue of guilt:

a. That there was an error of law; or

b. That the decision was unreasonable or insupportable having regard to the evidence presented to the Judiciary or Code of Conduct Committee in the hearing; or

c. If the person is able to adduce fresh evidence which was not available to the person at the time of the hearing in respect of which the person is seeking leave to appeal the determination of. The evidence must also be sufficiently strong that, in the opinion of the Appeals and Disputes Committee, it may well have affected the outcome of the earlier determination had it been available.

(2) With respect to the issue of penalty: that the penalty imposed by the Judiciary or Code of Conduct Committee was manifestly excessive.

(b) A person who wishes to appeal from a decision of the Judiciary or Code of Conduct Committee must first obtain leave to do so from the Chairperson. For the avoidance of any doubt, a person seeking to appeal a decision of the Judiciary or a decision of the Code of Conduct Committee bears the burden and responsibility of including, in the documents lodged by the person pursuant to Rule 1.2(a), all information, submissions and evidence relied on by the person for the purpose of the person seeking that the Chairperson grant leave for the person to appeal in accordance with Rule 1.2(c), duly recognising that leave to appeal must only be granted in accordance with the requirements of Rule 1.2 and not otherwise or more generally.

(c) The Chairperson shall not grant leave for the person to appeal unless he/she forms the view, in his/her absolute discretion, that the person has good prospects of success on the hearing of that appeal.

(d) The Judiciary or Code of Conduct Committee Counsel (where available) has a right to be heard by the Chairperson on any application for leave to appeal made by a person pursuant to Rule 17 of the Judiciary or Code of Conduct Committee Code of Procedure and this Rule 1.2 before the Chairperson grants a person leave to appeal.

(e) Unless otherwise ordered by the Chairperson, neither an application for leave to appeal nor an appeal by a person to the Appeals and Disputes Committee shall operate as a stay of the decision of the Judiciary or Code of Conduct Committee which is the subject of the appeal or the application for leave to appeal.

(f) The Appeal Fee is $500.00 and should be attached to the completed NSWRL COMMUNITY FOOTBALL Appeal Application Form when it is lodged with the League. The fee can be paid in cheque, by cash or Direct Debit and is only refundable if the appeal is upheld.

1.3 Jurisdiction

(a) Subject to strict compliance with the procedure set out in Rule 17 of the Judiciary or Code of Conduct Committee Code of Procedure and Rule 1.2, the Appeals Committee has jurisdiction to hear Appeals against decisions of the Judiciary or Code of Conduct Committee.

(b) The sole function of the Appeals Committee is to hear and determine appeals against decisions of the Judiciary or Code of Conduct Committee.

1.4 Relationship with other Appeal Provisions

Notwithstanding anything herein this Code of Procedure or elsewhere contained, the Rules contained in this Code of Procedure are not intended to affect in any way a specific provision regarding an appeal that is contained in the By-Laws in respect of matters including anti-doping and misconduct.

1.5 The Appeals Administrator

The Appeals Administrator of the Appeals Committee can be the League Administrator or a delegate, whose role it shall be to perform all procedural and administrative tasks so as to ensure the fair, impartial and efficient conduct of the business of the Judiciary or Code of Conduct Committee.

1.6 Composition of the Appeals Committee

(a) The Appeals Committee shall be constituted by a Chairperson and two (2) other Committee Members appointed in accordance with this Code of Procedure.

b) The Appeals Administrator shall appoint the Chairperson. The Chairperson shall be a person who is a practising solicitor or barrister of the Supreme Court of New South Wales.

(c) The Appeals Administrator shall appoint two (2) Committee Members. A Committee Member shall be a former Rugby League person who is not an official of a club.

(d) A person is ineligible to be a member of the Appeals Committee if that person is also a member of the Judiciary or Code of Conduct Committee.

1.7 Parties to an Appeal

For the purposes of this Code of Procedure:

(a) The Appellant to an Appeal shall be the person who is appealing against the decision of the Judiciary or Code of Conduct Committee pursuant to Rule 17 of the Judiciary or Code of Conduct Committee Code of Procedure.

(b) The Respondent to an Appeal shall be the League, who shall, in-turn, be entitled to be represented in the Appeal by the Judiciary or Code of Conduct Committee Counsel (where available) or another person who meets the requirements set out in Rule 1.14(a).

1.8 Time Limit

(a) A person wishing to appeal against a decision of the Judiciary or Code of Conduct Committee must seek leave to appeal in accordance with Rule 17 of the Judiciary or Code of Conduct Committee Code of Procedure and Rule 1.2 by the deadline in Rule 17.1 of the Judiciary or Code of Conduct Committee Code of Procedure.

(b) An Appeal shall not be regarded as having been commenced within the time limit set out in Rule 17.1 of the Judiciary or Code of Conduct Committee Code of Procedure and Rule 1.2 unless a properly completed Notice of Appeal is served on the Appeals Administrator before the expiry of that deadline.

1.9 Leave to Appeal

(a) The Appellant must seek and obtain the leave of the Chairperson in accordance with Rule 1.17 of the Judiciary or Code of Conduct Committee Code of Procedure and Rule 1.2 before the Appeals Committee hears an Appeal and before any of the pre-hearing procedures set out pursuant to this Code of Procedure.

(b) For the avoidance of doubt, the Appeals Committee has no jurisdiction to hear an Appeal or make any ruling in respect of an Appeal unless leave to appeal has first been granted by the Chairperson in accordance with Rule 17 of the Judiciary or Code of Conduct Committee Code of Procedure and Rule 1.2.

1.10 Amendment and Withdrawal of Notice of Appeal

(a) A Notice of Appeal may not be amended by the Appellant after it is submitted.

(b) At any time prior to the hearing of an Appeal, the Appellant may withdraw the Notice of Appeal by lodging with the Appeals Administrator a Notice of Withdrawal of Appeal, whereby the Appeal shall be finally concluded.

1.11 Pre-Hearing Procedures and Parties’ Material

(a) In the event that the Chairperson grants a person leave to appeal a decision of the Judiciary or Code of Conduct Committee, the Chairperson shall forthwith notify the Appeals Administrator that leave has been granted by the Chairperson.

(b) After receiving notification in accordance with Rule 1.11(a) the Appeals Administrator shall forthwith:

(1) Provide a copy of the Notice of Appeal to the Respondent; and

(2) Call upon the Appellant to provide, within twenty-four (24) hours, the Appellant’s Material.

(c) Unless the Chairperson grants leave to the Appellant (such leave to be granted on such terms as the Chairperson in his/her absolute discretion thinks fit in the circumstances), the Appellant shall not be permitted to rely, at the hearing of an Appeal, on any:

(1) Documentary or other evidence (apart from oral evidence of a witness whose evidence is outlined in writing in the Appellant’s Material); or

(2) Contention or argument; that is not contained in the Appellant’s Material.

(d) After receiving the Applicant’s Material in accordance with Rule 1.11(b)(2), the Appeals Administrator shall:

(1) Provide a copy of the Notice of Appeal and the Appellant’s Material to the Respondent; and

(2) Call upon the Respondent to provide, within twenty-four (24) hours, the Respondent’s Material.

(e) Unless the Chairperson grants leave to the Respondent (such leave to be granted on such terms as the Chairperson in his/her absolute discretion thinks fit in the circumstances), the Respondent shall not be permitted to rely, at the hearing of an Appeal, on any:

(1) Documentary or other evidence (apart from oral evidence of a witness whose evidence is outlined in writing in the Respondent’s Material); or

(2) Contention or argument; that is not contained in the Respondent’s Material.

1.12 Challenge to Jurisdiction

(a) Where the person intends at a Judiciary or Code of Conduct Committee hearing to challenge:

(1) The jurisdiction of the Appeals Committee to hear or to deal with the Appeal; and/or

(2) The composition of the Appeals Committee; and/or

(3) Any other matter which might reasonably take the Appeals Committee by surprise.

The person or his/her representative shall complete a Notice of Challenge and forward it to the Appeals Administrator no later than 5.00pm on the day before the hearing of the Appeal. On receipt of a Notice of Challenge, the Appeals Administrator shall forthwith forward a copy of it to the Respondent.

1.13 Setting Down for Hearing

(a) Unless otherwise ordered by the Chairperson, a hearing of an Appeal shall commence at 6.00pm on the day after the expiry of the deadline in Rule 1.11(d)(2) for the Respondent to submit the Respondent’s Material.

(b) Hearings shall:

(1) Occur in Sydney as advised by the Appeals Administrator; and

(2) Be closed to members of the public.

(1) Notify the Chairperson;

(2) Notify the Committee Members;

(3) Forward to the Appellant and the Respondent a Notice of Appeal Hearing;

(4) Collate, index and paginate the Appeal Folder consisting of the:

a. Notice of Appeal;

b. Appellant’s Material; and

c. Respondent(s)’s Material;

(5) Provide a copy of the Appeal Folder to the Chairperson, the Committee Members, the Appellant and the Respondent(s); and

(6) Take whatever other steps which are necessary to convene the hearing of the Appeal by the Appeals Committee.

1.14 Representation of Parties

(a) Subject to the leave of the Chairperson having first been obtained, a party appearing before the Appeals Committee may be represented by a barrister, solicitor, agent or other representative on such terms, if any, as the Chairperson in his/her absolute discretion thinks fit.

(b) Without limiting Rule 1.14(a) and in accordance with Rule 1.7(b), the League may at the discretion of the Chairperson be represented at the Appeal Hearing by the Judiciary or Code of Conduct Committee Counsel (where available).

(c) If a party issued with a Notice of Appeal Hearing fails to attend the hearing at the time specified in the Notice of Appeal Hearing, the Appeals Committee may proceed to hear and determine the Appeal in the absence of that party.

(d) In any case where the Appellant and the Respondent(s) agree in writing, the Appeals Committee may determine the Appeal on the contents of the Appeal Folder and without an oral hearing.

1.15 Hearing is a Review and Adjournments

(a) The Appeals Committee shall hear and determine appeals by way of a review.

(b) A hearing before the Appeals Committee shall not proceed de novo.

1.16 Role of Chairperson

(a) In every case, it shall be the Chairperson’s task to decide every question of law, evidence and/or procedure.

(b) The Chairperson shall, in their absolute discretion, give such instructions or directions as he/she thinks fit to the Appeals Committee as to matters of law, evidence and/or procedure.

(c) The Chairperson may give whatever directions and make all such orders as he/she in his/her absolute discretion deems fit for the conduct, expedition and resolution of matters heard by the Appeals Committee.

1.17 Rules of Evidence and Witnesses

(a) Hearings before the Appeals Committee are not bound by the rules of evidence usually applicable to proceedings before the court of law, but the rules of natural justice are applied.

(b) The Chairperson shall be entitled to disallow the appearance of any witness or the tender of any evidence on the grounds of irrelevance.

(c) Subject to Rules 1.11(c) and 1.11(e) and subject to any order of the Chairperson, a party may present the evidence of a witness by that witness giving evidence:

(1) In person at the hearing; or

(2) Via video conference (e.g. Zoom, Microsoft Teams).

(d) Any documents or things admitted into evidence shall be consecutively marked as exhibits, which exhibits at the conclusion of the hearing shall be placed in the custody of the Appeals Administrator for safe keeping.

1.18 Hearing Procedure

Subject to any ruling or order to the contrary made by the Chairperson, the procedure of a hearing before the Appeals Committee shall proceed in accordance with the following sequence:

a) Notice of Challenge

1) If the Appellant has served a Notice of Challenge in accordance with Rule 1.12, the Chairperson shall invite submissions from the Appellant and then the Respondent(s) in respect of the substance of the Notice of Challenge. If either party requires to adduce evidence in support of an argument in respect of a Notice of Challenge, it shall be adduced at the same time.

2) The Chairperson alone shall make such orders as is necessary to determine the Notice of Challenge.

b) The Appellant’s Case

The Appellant’s case shall be presented in the following sequence:

(1) Playing any video footage adduced in evidence before the Judiciary or Code of Conduct Committee;

(2) Adducing any oral evidence from any witness relied on, whereupon the witness:

a. Shall be examined in chief by the Appellant or his/her representative;

b. May be cross-examined by the Respondent or its representative;

c. May be questioned by the Chairperson and, with leave granted by the Chairperson, by any Committee Member; and

d. May, with leave granted by the Chairperson, be re-examined by the Appellant’s representative. (3) Thereafter the Appellant shall close his case.

c) The Respondent’s Case

The Respondent’s case shall be presented in the following sequence:

(1) Adducing any oral evidence from any witness relied on, whereupon the witness:

a. Shall be examined in chief by the Respondent’s representative;

b. May be cross-examined by the Appellant’s representative;

c. May be questioned by the Chairperson and, with leave granted by the Chairperson, by any Committee Member; and

d. May, with leave granted by the Chairperson, be re-examined by the Respondent’s representative.

(2) Thereafter the Respondent(s) shall close its case.

d) Addresses

At the conclusion of the Respondent’s case, the Appellant may make a closing address to the Appeals Committee, followed by an address by each Respondent.

e) Directions and Deliberations

At the conclusion of the closing addresses, the Appeals Committee may, but need not, adjourn to consider its decision.

f) Decisions

(1) A decision of the Appeals Committee must at least be a decision of the majority of the three (3) members being the Chairperson and the two (2) Committee Members.

(2) Reasons for a decision of the Appeals Committee may, but need not, be given.

(3) A decision of the Appeals Committee may be given orally by the Chairperson or in writing by the Appeals Committee.

g) Powers of the Appeals Committee

On the hearing of an Appeal, the Appeals Committee may:

(1) If the Appeal is in respect of a decision made by the Judiciary or Code of Conduct Committee as to guilt:

a. Uphold that decision;

b. Vary that decision; or

c. Quash that decision.

(2) If the Appeal is in respect of a decision made by the Judiciary or Code of Conduct Committee as to penalty:

a. Increase the penalty;

b. Decrease the penalty;

c. Vary the penalty; or

d. Affirm the penalty.

h) Decision Binding All decisions of the Appeals Committee shall be final and conclusive, are binding on and shall be given effect to by the parties to the Appeal.