2013 football nsw grievance & disciplinary handbook

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  • 7/29/2019 2013 Football NSW Grievance & Disciplinary Handbook

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    http://www.footballnsw.com.au/
  • 7/29/2019 2013 Football NSW Grievance & Disciplinary Handbook

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    Football NSW has introduced a new set of grievance and disciplinary rules for 2013. This is known as the Football NSW Grievance andDisciplinary Regulations (Regulations). The Regulations will replace all aspects of handling grievance and disciplinary matters set out in the

    Football NSW By-Laws.

    The decision to adopt the Regulations forms part of a wider strategic goal of Football NSW in ensuring best practice, consistency, efficiencyand transparency in all of grievance and disciplinary matters. More importantly, Football NSW aims to ensure that the game of football is playedcompetitively and fairly in accordance with the principles of true sportsmanship. Capitalised terms used in this handbook are defined inSchedule 1 of the Regulations.

    This handbook provides an illustrative overview of the functions of each Body (i.e. the Disciplinary Committee, GPT and Appeals Tribunal) andexamples of how the Regulations work.

    The Regulations are intended to apply exclusively to facilitate the expeditious and fair resolution of incidents, disciplinary, dispute and conductmatters relating to Football NSW Competitions as well as Grievances involving Members.

    In order to ensure the efficiency of these Regulations, we have established a set of prescribed forms for our Members to use in dealing withgrievance and disciplinary matters under the Regulations. Prescribed forms can be downloaded from our website which is interactive andallows a Member to complete the form online and return electronically to the designated email addresses set out in Schedule 2 of theRegulations.

    Schedule 3 of the Regulations sets out the types of sanctions that a Body can impose on a Member.

    Schedule 4 of the Regulations sets out the fees for making an application to a Body.

    Background

    Jurisdiction

    Prescribed Forms

    Offences

    Fees

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    GENERAL PURPOSES

    TRIBUNAL (GPT)

    Breaches ofMisconduct and

    Disrepute

    Referrals from theDC or Executive

    Grievancesbetween Members

    Appeals against adecision of anAssociation's

    Appeal's Committee

    APPEALS TRIBUNAL

    (AT)

    Appeals made from adecision of a DC (limited)

    Appeals made from a decisionof a GPT (limited)

    DISCIPLINARYCOMMITTEE

    (DC)

    Makes decisions based on MatchOfficial Reports & Player history

    Issues Suspensions and rectifies

    disciplnary decisions of a MatchOfficial

    Challenges

    Exceptionalcircumstances

    Mistaken identity

    OVERVIEW OF BODIES

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    Player spitson another

    Player

    during aFixture

    MatchOfficialhands

    player aRed Card

    Playerdeemed to

    havecommitted

    a R3Offence

    MatchOfficialsendsMatchOfficial

    Send-Off

    Report toFootballNSW within

    two (2)days

    FootballNSW

    collatesPlayer

    history &Match

    OfficialSend-OffReport -sends tothe DC

    DC issuesSuspension

    using the

    Table ofOffences

    FootballNSW sendsout a Notice

    ofSuspension

    to thePlayer (viathe Club)

    Clubresponsible

    to notify

    Player ofSuspension

    Clubresponsibleto submitNotice of

    Suspensionserved.

    Saturday Monday Wednesday Thursday Friday

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    Coach usesoffensivelanguagetowards a

    Match Officialafter a Fixture

    Match Officialsends a MatchOfficial Incident

    Report toFootball NSWwithin 2 days

    Football NSWcollates coachhistory & MatchOfficial IncidentReport - sends

    to DC

    DC issuesSuspension

    using the Tableof Offences

    Football NSWsends a Notice

    of Suspensionto Coach (viathe Club)

    Clubresponsible to

    notify coach toservesuspension

    Clubresponsible to

    submit Noticeof Suspensionserved

    Saturday Monday Wednesday Thursday Friday

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    Playerdenies anobvious

    goal scoringopportunity

    MatchOfficialhands

    Player aRed Card

    Player tosubmit

    NotificationForm

    within 24hours ofFixture

    claimingmistakenidentity

    By 4pmthe nextworkingday of

    submitting

    aNotificationForm,Playersendswritten

    statements

    DC willmake a

    decision asto whetherthe claim issuccessfulor rejected

    If successful,a Notice ofSuspension

    will beissued to the

    correctPlayer

    If rejected,a Notice ofSuspension

    will beissued tothe Playerissued witha Red Card

    If rejected &consideredan abuse of

    process,DC will

    refer matterto FootballNSW whowill charge

    Playerand/or Club

    withMisconduct

    Decisioncan be

    appealedto the

    AppealsTribunal

    Sunday Monday Tuesday Thursday Friday

    Within 5 businessdays of decisionbeing made by DC

    PrescribedForm04

    PrescribedForms 5 & 6or 7

    PrescribedForm08

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    TeamManagerpushes a

    MatchOfficial after

    a Fixture

    FootballNSW sends

    TeamManager(via the

    Club) theMatchOfficialIncidentReport

    By 4pm thenext

    working dayof receiving

    a MatchOfficialIncidentReport,Team

    Manager tosubmit

    NotificationForm

    claimingmistakenidentity

    By 4pm thenext working

    day ofsubmitting theNotificationForm, the

    Team Managerto send written

    statements

    DC will makea decision asto whether the

    claim issuccessful or

    rejected

    If successful,

    a Notice ofSuspensionwill be

    issued to thecorrect

    Participant

    If rejected, aNotice of

    Suspensionwill be issuedto the Team

    Manager

    If rejected &consideredan abuse ofprocess, DC

    will refermatter toFootball

    NSW whowill chargeParticipantand/or Club

    withMisconduct

    Decisioncan beappealed tothe Appeals

    Tribunal

    Friday Monday Tuesday Wednesday Thursday Friday

    PrescribedForm

    09

    PrescribedForms 10 &11

    or 12

    PrescribedForm

    08

    Within 5 businessdays of decisionbeing made by DC

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    Player

    punchesOpponent

    DC makes adecision inaccordance

    with theTable of

    Offencesand FootballNSW issues

    Club withNotice of

    Suspension

    By 4pm the2nd working

    day ofreceiving aNotice of

    Suspension,Player to

    submitNotification

    Form ashe/she

    believes nocontact wasmade withopponent

    By 4pm thenext

    workingday of

    submittinga

    NotificationForm, the

    Player is toprovidewritten

    statements

    DC willmake a

    decision asto whetherthe claim

    wassuccessful

    or not

    If successful,the DC shall

    impose aSuspension

    deemed to beappropriatetaking into

    considerationthe

    circumstances

    If rejected,the

    Suspensionwill stand

    If rejected &consideredan abuse ofprocess, DC

    will refermatter to

    FootballNSW whowill charge

    Playerand/or Club

    withMisconduct

    Decisioncan be

    appealed tothe Appeals

    Tribunal

    Saturday Thursday Monday Tuesday Thursday Friday

    PrescribedForm

    13

    PrescribedForm

    14

    PrescribedForm

    08

    Within 5 businessdays of decisionbeing made by DC

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    BrawlbetweenPlayers

    Match Officialsends Match

    IncidentReport to

    Football NSW

    DC refersmatter to

    Football NSW

    Football NSW

    conductsinvestigationinto matter

    and issues aNotice ofCharge to

    appropriateParticipants

    Participants to

    submit aNotice of

    Responsewithin datespecified inNotice ofCharge

    General

    PurposeTribunal

    convened tohear anddetermine

    appropriatesanction

    Football NSWto notify

    Players of thedecision (via

    the Club)

    Decision canbe appealed to

    the AppealsTribunal

    Saturday Monday Thursday

    PrescribedForm

    15

    Prescribed

    Form16

    Within 5 businessdays of decisionbeing made by theGPT

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    A Member wastaken off the

    committee withoutregard to its rulesand regulations

    The CommitteeMember is to writeto the Committeesetting out details

    of the Claim orComplaint. TheCommittee haswithin seven (7)working days to

    respond

    If no response isreceived/notsatisifed, withresponse, the

    committee membermay refer the

    matter to FootballNSW by sending aGrievance Formwith Application

    Fee within 14 daysof sending the

    letter to theCommittee

    Football NSW shallrefer the matter tomediation in the

    first instance.Mediation to

    commence within14 days after thesubmission of theGrievance Form

    and to continue fora period of no more

    than 30 days

    If no agreement ,Football NSW mayrefer the Claim orComplaint to theGeneral Purpose

    Tribunal

    Decision can beappealed to the

    Appeals Tribunal

    PrescribedForm

    19

    PrescribedForm

    19

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    Appeals Tribunal

    Disciplinary CommitteeDecision

    Mistaken Identity in a MatchOfficial Report

    Exceptional Circumstances

    General Purpose TribunalDecision

    Grievances

    Misconduct and Disrepute