Judiciary Code of Procedure

1. For the League

1.1 The Judiciary Code of Procedure shall apply to and govern all procedure and proceedings involving a Player in respect of conduct constituting an offence and a Charge.

1.2 For the avoidance of any doubt, the provisions of this Judiciary Code of Procedure shall be in full force and effect for each Match played in the League and any Community Rugby League Competition.

1.3 The provisions of this Judiciary Code of Procedure may be adapted or amended from time to time for the purpose of efficiency and practicality, in the best interests of rugby league and its participants. Without limiting the scope of this clause, this Judiciary Code of Procedure may be modified from time to time in order to facilitate the operation of this Judiciary Code of Procedure in relation to rugby league competitions, matches and related activities conducted in all areas of NSW and the ACT. 

2. Judiciary Counsel

2.1 The Judiciary Administrator shall appoint a person to act as Judiciary Counsel (where available).

2.2 The Judiciary Counsel (where available) shall be a person who is a practising solicitor or barrister of the Supreme Court of New South Wales, however being so qualified shall not be a mandatory requirement in relation to rugby league played in rural and regional areas of NSW and the ACT (on the basis that a person so qualified may not be easily identified and engaged). The governing body in question must apply to the NSWRL for an exemption, should that governing body propose engaging a Judiciary Counsel (where available) who is not a practising solicitor or barrister of the Supreme Court of New South Wales. 

2.3 The role of the Judiciary Counsel (where available) shall be to, where a Charge proceeds to a hearing before Judiciary:

2.3.1 Appear at that hearing and present evidence relied upon in support of the Charge;

2.3.2 Test the Player’s case; and

2.3.3 Address and make submissions to the Judiciary.

2.4 The Judiciary Counsel (where available) shall at all times in the discharge of his/her functions and responsibilities:

2.4.1 Act independently, impartially and fairly; and

2.4.2 Be aware of and proceed with due respect for the necessity to preserve the independence of the Judiciary.

2.4.3 Proceedings cannot be deemed null and void at the failure of the League to provide a Judicial Counsel. 

3. The Match Review Committee

3.1 The Judiciary Administrator shall appoint at least one (1) and not more than three (3) persons to serve as Match Reviewers on the Match Review Committee. The Judiciary Administrator shall appoint one (1) of the Match Reviewers as the Match Review Committee Chairperson, and if only a single person is appointed, then that person shall be the Match Review Committee Chairperson. A Match Reviewer shall:

3.1.1 Be a former Rugby League player or referee;

3.1.2 Not be a current Player or referee; and

3.1.3 Not be a coach or a member of the coaching staff of any club.

3.1.4 The Match Review Committee shall, as directed by the Match Review Committee Chairperson, review video footage and other evidence derived from, or in connection with, Matches for the purposes of examining and considering any conduct by any Player in any Match which may constitute an offence.

3.1.5 Further to Rule 3.2, the Match Review Committee shall review and consider Match Officials Incident Reports and requests received from clubs in accordance with Rule 6.2.

4. The Judiciary Chairperson and Panel

4.1 The Judiciary shall be constituted by the Judiciary Chairperson and two (2) Judiciary Panel Members empanelled from the Judiciary Panel Pool in accordance with Rule 7.12.

4.2 The Judiciary Administrator shall appoint the Judiciary Chairperson. The Judiciary Chairperson shall be a person who is a practising solicitor or barrister of the Supreme Court of New South Wales, however being so qualified shall not be a mandatory requirement in relation to rugby league played in rural and regional areas of NSW and the ACT (on the basis that a person so qualified may not be easily identified and engaged). The governing body in question must apply to the NSWRL for an exemption, should that governing body propose engaging a Judiciary Chairperson who is not a practising solicitor or barrister of the Supreme Court of New South Wales. 

4.3 The Judiciary Administrator shall appoint the members of the Judiciary Panel Pool. The Judiciary Administrator may appoint more than two (2) persons as members of the Judiciary Panel Pool, and if this is the case, the composition of the Judiciary Panel to hear any particular case brought before the Judiciary shall be selected by the Judiciary Administrator from the Judiciary Panel Pool in accordance with Rule 7.12.

4.4 A Judiciary Panel Member shall be a former Rugby League player or referee.

4.5 The Judiciary Administrator of the Judiciary is permitted to be the administrator of the League/Competition Manager or delegate, whose role will be to perform all procedural and administrative tasks so as to ensure the fair, impartial and efficient conduct of the business of the Judiciary.

5. Offences

5.1 For the purposes of this Judiciary Code of Procedure, an offence is constituted by any instance of conduct, acts or omissions of the nature set forth and described in Appendix 2 to this Judiciary Code of Procedure.

6. Match Review

6.1 Where, during a Match, any conduct of a Player which may constitute an offence is observed or otherwise comes to the attention of a Match Official who officiated in that Match, and where that conduct, in the opinion of that Match Official, warrants consideration by the Match Review Committee, then:

6.1.1 In the case of a Match Official other than the Referee, that Match Official shall, immediately after the conclusion of the Match, complete a Match Official’s Incident Report specifying all particulars required in that Report, and then provide that Report to the Referee; and / or

6.1.2 In the case of the Referee, he / she shall complete a Match Official’s Incident Report specifying all particulars required in that Report and then shall forward that Report, together with any other Referee Dismissal Reports, to the Referees Association immediately. The Referees Association should then forward onto the Judiciary Administrator by no later than 10:00am the following business day after the match, ensuring the League Administrator is included on all correspondence. This is to allow the Match Review Committee adequate time to review the reports.

6.1.3 In the case of a Match Official or Referee, they may complete the Match Officials Incident Report specifying all particulars of the incident through the online form distributed via your local league administrator.

6.2 Further to Rule 6.1, where, in the opinion of a club which played in a Match, conduct of a Player during that Match warrants consideration by the Match Review Committee, the club may forward a written request for review to the Match Review Committee specifying all relevant particulars of the subject conduct to enable the Match Review Committee to identify that conduct.

6.3 Any such written request for review must be received by the Match Review Committee before 10.00am on the first business day after the Match and must be signed by the President or Secretary of the club making the request.

6.4 At 11.00am on the first business day after every match, the Match Review Committee shall meet to review the video footage of the match as well as any other evidence and any Match Official’s Incident Reports and/or requests for review made in accordance with Rule 6.2.

6.5 It is the role of the Match Review Committee to review all reasonably available evidence irrespective of whether or not any Match Official’s Incident Report(s) and/or requests for review made in accordance with Rule 6.2 is submitted to the Match Review Committee.

6.6 After considering all of the evidence referred to Rule 6.5, the Match Review Committee may authorise, by at least a majority vote of the Match Review Committee members, the Match Review Committee to issue a Charge against a Player for an offence.

6.7 In the event that the Match Review Committee is so authorised, he/she shall cause a Notice of Charge to be issued to the Player and copied to the Judiciary Administrator by 12.00pm on the second business day after the Match.

6.8 The Notice of Charge shall include a notice from the Match Review Committee as authorised by the Match Review Committee as to the penalty which he will recommend that the Judiciary impose should the Player be found guilty of the Charge particularised in the Notice of Charge.

6.9 A Player issued with a Notice of Charge must by 9.00am on the third business day after the match provide to the Judiciary Administrator a Notice of Plea.

6.10The Notice of Plea shall specify whether the Player:

6.10.1 Pleads guilty to the Charge specified in the Notice of Charge and accepts the imposition of the recommended penalty specified in the Notice of Charge by the Match Review Committee; or

6.10.2 Pleads No Contest to the Charge; or

6.10.3 Pleads guilty to the Charge, however, challenges the imposition of the penalty proposed by the Match Review Committee in the Notice of Charge; or

6.10.4 Pleads not guilty to the Charge specified in the Notice of Charge.

6.11 In the event that the Player:

6.11.1 Enters a plea in accordance with Rule 6.10.1: The Judiciary Administrator shall ask the Judiciary Chairperson to make orders consistent with those specified by the Match Review Committee in accordance with Rule 6.6.

6.11.2 Enters a plea in accordance with Rule 6.10.2: The Judiciary Administrator shall issue a Notice of Hearing in accordance with Rule 7, such hearing to be conducted in accordance with Rule 16.7.

6.11.3 Enters a plea in accordance with Rule 6.10.3: The Judiciary Administrator shall issue a Notice of Hearing in accordance with Rule 7, such hearing to be conducted in accordance with Rule 16.7.

6.11.4 Enters a plea in accordance with Rule 6.10.4: The Judiciary Administrator shall issue a Notice of Hearing in accordance with Rule 7, such hearing to be conducted in accordance with Rule 6.

6.12 In the event that a Player issued with a Notice of Charge fails to enter a Notice of Plea in strict compliance with Rule 6.9 then immediately after the expiry of the deadline stipulated in 6.9 that Player will be deemed to have entered a Notice of Plea in accordance with Rule 6.10.1 but is not eligible for the early plea discount.

6.13 In all matters, the Match Review Committee have an option to issue both a primary and alternate charge with regards to any Match Officials Incident report received. 

7. Hearings

7.1 Where the Judiciary Administrator receives a Notice of Plea pursuant to Rules 6.11.3 or 6.11.4, the Judiciary Administrator shall promptly:

7.1.1 Notify the Judiciary Chairperson;

7.1.2 Empanel the Judiciary Panel by selecting two (2) Judiciary Panel Members from the Judiciary Panel Pool;

7.1.3 Issue a Notice of Hearing to the Player and the Judiciary Administrator;

7.1.4 Notify the Judiciary Counsel (where available) by providing him/her with a copy of the Notice of Hearing;

7.1.5 Take whatever other steps which are necessary to convene the Judiciary.

7.2 Where a Notice of Charge is set down for hearing, the Match Review Committee shall ensure that the Judiciary Counsel (where available) is forthwith provided with:

7.2.1 Copies of all Match Official’s Incident Reports and Notices relating to the hearing;

7.2.2 Copies of all evidence required to support the case, including copies of all video footage of the incident which was available for review by the Match Review Committee and all statements given by witnesses;

7.2.3 The Player’s career disciplinary history and/or on-field convictions (to the extent available);

7.2.4 Any expert reports obtained by or on behalf of the Match Review Committee in support of the Judiciary Counsel’s (where available) case; and

7.3 The Match Review Committee shall ensure that the Player is supplied with copies of all evidence which the Judiciary Counsel (where available) may rely on at the hearing before the Judiciary.

8. Preliminary Matters

The challenge to Jurisdiction and/or Composition of the Judiciary.

8.1 Where the Player intends at a Judiciary hearing to challenge:

8.1.1 The jurisdiction of the Judiciary to deal with the Player and/or the Charge;

8.1.2 The composition of the Judiciary empanelled to deal with the Player and/or the Charge; or

8.1.3 Any other matter which might reasonably take the Judiciary by surprise; then the Player or his/her representative shall complete a Notice of Challenge and forward it to the Judiciary Administrator no later than 2.00pm on the day of the hearing. On receipt of a Notice of Challenge, the Judiciary Administrator shall forthwith forward a copy of it to the Judiciary Counsel (where available).

8.2. A hearing before the Judiciary shall commence from 6.00pm on the Thursday after the Match to which the hearing relates. However, on the application of either of the parties, the Judiciary Chairperson may, in their discretion, make further or other orders in respect of the date and time for a Judiciary hearing. Without limitation and for the avoidance of doubt:

8.2.1 Such orders may be made by the Judiciary Chairperson in circumstances where a Player or their Team would or might be disadvantaged if a Judiciary hearing was scheduled at the date and time presumed in this Rule 8.2.

8.2.2 Any Judiciary hearing in respect of a Player’s conduct in a Match must be held and concluded before the next Match that the Player is eligible to play in but for any penalty which may be imposed by the Judiciary. The Player is ineligible to play any form of Rugby League until the case is heard.

8.3 Judiciary hearings shall occur at a venue to be advised by the Judiciary Administrator.

9. Representation

9.1 Subject to the leave of the Judiciary Chairperson having first been obtained, a Player appearing before the Judiciary may be represented by a barrister, solicitor, agent or other representative on such terms, if any, as the Judiciary Chairperson, in their absolute discretion thinks fit.

10. Attendance at Hearings

10.1 A Player served with a Notice of Charge and a Notice of Hearing shall attend the Judiciary hearing at the time and place specified in the Notice of Hearing.

10.2 If a Player is unable to attend the Judiciary hearing in person, he/she must inform the Judiciary Administrator of this fact no later than 9.00am on the day of the hearing date specified in the Notice of Hearing. If the Player so advises the Judiciary Administrator of his/her inability to attend the hearing in person, the evidence may be taken by alternate means such as video conference including Facetime or Skype.

10.3 If a Player issued with a Notice of Charge and a Notice of Hearing fails to attend the Judiciary hearing at the time specified in the Notice of Hearing, the Judiciary may proceed to hear and determine the Charge and penalty in the absence of the Player.

10.4 Where the player has in the written request consented to the Judiciary Administrator for the hearing to proceed in their absence, the following additional rules shall apply where applicable:

10.4.1 The presiding Chairperson shall pronounce a plea on behalf of the player as the request in writing directs.

10.4.2 The request in writing shall be read to the Judiciary Panel. 

10.4.3 The Judiciary Panel will retire to consider guilt or otherwise and the penalty imposed. 

10.5 Subject to Rule 15.4, any witness which a party intends to call in evidence before the Judiciary shall wait outside the hearing room until such time as that person is called to give evidence.

10.6 Judiciary hearings shall be closed to members of the public.

11. Decision Final

11.1 All decisions of the Judiciary shall be final, binding and conclusive subject to any leave to appeal granted by the Appeals Committee Chairperson in accordance with Rule 17.

12. Onus of Proof

12.1 In every case, the Judiciary Counsel (where available) bears the onus of proof on the balance of probabilities.

13. Role of the Judiciary Chairperson

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

13.2 The Judiciary Chairperson shall in their absolute discretion give such instructions or directions as he/she thinks fit to the Judiciary Panel as to matters of law, evidence and/or procedure.

13.3 The Judiciary Chairperson may give whatever direction(s) and make all such orders as he/she in their absolute discretion deem fit for the conduct, expedition and resolution of matters heard by the Judiciary.

14. Role of Judiciary Panel Members and Judiciary Chairperson Constituting the Judiciary

14.1 In every case, it is the task of the Judiciary, comprising the Judiciary Panel and the Judiciary Chairperson, to decide every question of fact.

15. Evidence

15.1 Proceedings before the Judiciary are not bound by the rules of evidence usually applicable to proceedings before the court of law.

15.2 The Judiciary Chairperson shall be entitled to disallow the appearance of any witness or the tender of any evidence on the grounds of irrelevance.

15.3 Evidence of a Player’s disciplinary history (if any) of convictions for misconduct shall not be admissible as evidence on the issue of guilt.

15.4 Subject to any ruling by the Judiciary Chairperson, a party may present the evidence of a witness by that witness giving evidence:

15.4.1 In person at the hearing; or

15.4.2 Via videoconference (Facetime, Skype, Teams, Zoom etc.).

15.5 Any documents or things admitted into evidence shall be consecutively marked as exhibits, which exhibits on conclusion of the hearing shall be placed in the custody of the Judiciary Administrator.

16. Procedure at Hearing

The Judiciary Counsel’s Case

16.1 Subject to any orders made by the Judiciary Chairperson as to the conduct of any hearing, and after the Judiciary Chairperson outlines briefly to the parties the procedure of the hearing, the Judiciary Counsel (where available) shall present his/her case to the Judiciary in the following sequence:

16.1.1 Playing any video footage considered by the Match Review Committee; then

16.1.2 Tendering any Match Official’s Incident Reports considered by the Match Review Committee and any expert reports; then

16.1.3 Calling each witness whereupon that witness:

i) Shall be examined in chief by the Judiciary Counsel (where available);

ii) May be cross-examined by the Player or their representative;

iii) May be questioned by the Judiciary Chairperson and, with leave granted by the Judiciary Chairperson, by any Judiciary Panel Member;

iv) May, with leave granted by the Judiciary Chairperson, be re-examined by the Judiciary Counsel (where available).

16.1.4 Thereafter the Judiciary Counsel (where available) shall close their case.

The Player’s Case

16.2 After the close of the Judiciary Counsel’s (where available) case, the Judiciary Chairperson shall call upon the Player or their representative to advise whether they wish to give or call evidence in defence. If he/she does wish to present evidence, that evidence shall be given in the following sequence by:

16.2.1 Tendering any expert reports and other documentary evidence; then

16.2.2 Calling each witness whereupon that witness:

i) Shall be examined in chief by the Player or their representative;

ii) May be cross-examined by the Judiciary Counsel (where available);

iii) May be questioned by the Judiciary Chairperson and, with leave granted by the Judiciary Chairperson, by any Judiciary Panel Member; and

iv) May, with leave granted by the Judiciary Chairperson, be re-examined by the Player or their representative.

 16.2.3 Thereafter, the Player or their representative shall close the Player’s case.

Closing Addresses

16.3 At the conclusion of the Player’s case:

16.3.1 The Judiciary Counsel (where available) may make a closing address to the Judiciary Panel; followed by

16.3.2 A closing address made by the Player or their representative.

16.3.3 Further to Rule 16.3.1, in the event of a Judiciary hearing in respect of a Notice of Plea entered pursuant to Rule 6.10.3 (that is, a plea of guilty which challenges the recommended penalty) the closing address and submissions made by the Judiciary Counsel (where available) shall include submissions as to the objective seriousness of the conduct of the Player referred to in the Notice of Charge and any other matter relevant to the issue of penalty.

Directions to the Judiciary Panel

16.4 At the conclusion of the closing addresses, the Judiciary Chairperson shall address the Judiciary Panel and give whatever directions he deems necessary as to:

16.4.1 The onus and standard of proof;

16.4.2 The elements of the charge;

16.4.3 The substantive law;

16.4.4 The evidence presented to the Judiciary; and

16.4.5 Such other matters which, in his/her opinion, should properly be brought to the attention of the Judiciary Panel.

Deliberations and Verdict

16.5 After the Judiciary Chairperson has given directions to the Judiciary Panel, the Judiciary shall deliberate and decide on their verdict. At this point in time, the player and representation will be asked to leave and will no longer be required. In respect of the deliberations and the decision of the Judiciary Panel as to guilt:

16.5.1 The verdict of the Judiciary must be at least a verdict of the majority of the Judiciary Chairperson and the Judiciary Panel Members.

16.5.2 At the conclusion of the deliberation, once the judiciary has reached a verdict, the Judiciary Chairperson shall act as spokesperson directed to the Judiciary Administrator and state what verdict was reached, providing specifics to the Judiciary Administrator. The players district or region and/or club and/or representation will be advised through a “Notice of Outcome” via email (Appendix 8) by 12pm the following business day as to the verdict if any, and the suspension details. This is the responsibility of the Judiciary Administrator.

16.5.3 Unless ordered otherwise by the Judiciary Chairperson, the Judiciary shall not give reasons for their decision.

16.5.4 If the Judiciary finds the Player not guilty of the Charge, the proceedings are thereby concluded. This will be notified via email.

Penalty

16.6 If the Judiciary finds the Player guilty of the Charge or if the Player enters a Notice of Plea pursuant to Rule 6.11.3, it is the function of the Judiciary to determine the penalty to be imposed. A penalty may be imposed in the form of:

16.6.1 A suspension from:

i) A specified number of Matches or weeks; and/or

ii) Such other penalty as to the Judiciary Panel appears just in the circumstances.

For the avoidance of doubt, in respect of any penalty in the form of a suspension, that suspension must be expressed by the Judiciary in terms of a specified number of Matches and/or weeks.

Note: Washed out Matches and Byes do NOT count towards matches served for suspensions. Matches forfeited by the opposition will count towards suspensions. If the team the player is registered to forfeits a match, the match does not count towards suspension.

16.7 The procedure to be followed by the Judiciary to determine the penalty to be imposed on the Player shall generally be in accordance with the procedure set out at Rules 16.1 to 16.4 (both inclusive) with such modifications and/or adaptations as the Judiciary Chairperson thinks fit in the circumstances.

16.8 Further to Rule 16.7 and for the avoidance of any doubt, the Judiciary shall decide on penalty at the hearing and not at any later date. The Judiciary Chairperson shall afford the Player an opportunity to address the Judiciary Panel on the question of penalty at a later date.

16.9 Any penalty ordered by the Judiciary which comprises in whole or in part a suspension from playing Matches shall be specified in terms of how many Matches and/or matches that Player is suspended from playing in and/or weeks. The Player is therefore suspended from all Rugby League activities until such time as the suspension is served unless specified differently.

16.10 A match shall mean a competition match of the same age group in which the player committed the offence.  A player cannot count towards their suspension matches in more than one age group in each round, even if they would have participated in more than one age group during the weekend or timeframe set in the draw for the round to be played. 

16.11Where a period of suspension is expressed as a period of time, the period shall commence from the time the penalty is imposed and conclude at midnight on the last day of the period, unless specified differently. 

16.12 Subject to any direction by the Judiciary, where the Judiciary imposes a suspended sentence, the period of the sentence that is suspended is subject to good behaviour by the player.  If the player is found guilty by the Judiciary or Code of Conduct Tribunal of any subsequent offence committed during the period of the suspended sentence, the suspended sentence will be added to any sentence imposed by the Judiciary or Code of Conduct Tribunal for the subsequent offence. 

17. Leave to Appeal

17.1 A Player, aggrieved by a decision of the Judiciary may appeal therefrom to the Appeals Committee, by forwarding a Notice of Intention to Lodge a Leave to Appeal Application to the Judiciary Administrator by 5.00pm on the next business day following receipt of the Notice of Outcome, on one or more of the following grounds:

17.1.1 With respect to the issue of guilt:

i) That there was an error of law; or

ii) That the decision was unreasonable or insupportable having regard to the evidence presented to the Judiciary in the hearing; or

17.1.2 With respect to the issue of penalty: that the penalty imposed by the Judiciary was manifestly excessive.

A League aggrieved by a decision of the Judiciary may also appeal therefrom to the Appeals Committee as per 17.1.1 and 17.1.2. 

17.2 A Player who wishes to appeal from a decision of the Judiciary must first obtain leave to do so from the Appeals Committee Chairperson.

17.3 The Appeals Committee Chairperson shall not grant leave for the Player to appeal unless he/she forms the view in their absolute discretion that the Player has good prospects of success on the hearing of that appeal.

17.4 The Judiciary Counsel (where available) has a right to be heard by the Appeals Committee Chairperson on any application for leave to appeal made by a Player pursuant to Rule 17 before the Appeals Committee Chairperson grants a Player leave to appeal.

17.5 Unless otherwise ordered by the Appeals Committee Chairperson, neither an application for leave to appeal nor an appeal by a Player to the Appeals Committee shall operate as a stay of the decision of the Judiciary which is the subject of the appeal or the application for leave to appeal.

17.6 Proceedings shall not be invalidated or subject to appeal, merely by reason of any defect whether of substance or of form in any notice or by reason of non-compliance by the Competition/League with any provision of this Code, unless the Chairperson so directs.

17.7 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 Appeals and Dispute Committee. The fee can be paid in cheque, by cash or Direct Debit and is only refundable if the appeal is upheld.

17.8 Proceedings shall not be invalidated or subject to appeal, merely due to any defect whether of substance or form in any notice or because of non-compliance by the Competition / League with any provision of this Code, unless the Chairperson so directs.