18 August 2020
The National Sports Tribunal (NST) commenced on Thursday 19 March 2020, in a difficult and uncertain time for the sporting sector and the community more broadly. Thankfully sport has now entered a phase of recovery, but the impact of COVID-19 will likely be felt for some time economically, and the NST will play an important role supporting sports, athletes and support personnel to resolve disputes in an easier and more affordable way.
The CEO of the NST, Mr John Boultbee, has brought extensive experience in sport administration and dispute resolution, and his strong networks throughout the Australian sporting community have ensured that the NST was been able to hit the ground running from the first day.
The Members of the NST, charged with delivering efficient, independent and specialist sport dispute resolution services, offer a diversity of exceptional skills and experience. Included among them are Australia’s top professionals in sport administration, law and medicine as well as Members with critical experience in elite sport. A list of the NST’s Members can be found on the NST website, opens in a new tab.
The NST is supported by a Registry within the Australian Government Department of Health, with staff presently located in Canberra and Sydney.
Impact of COVID-19
NST and Social Distancing
The NST quickly adapted its service delivery model in March to reflect travel advice and advice on social distancing in place across Australia. Accordingly, we are now well established to conduct matters via teleconference/videoconference as required, and until there is a return to regular operation. The Registry will be working closely with parties, and Members allocated to disputes to ensure these arrangements remain accessible and effective.
Financial Hardship
Understandably, and in particular at the present time, the question of cost is important. The NST’s dispute resolution model is designed to be cost-effective in usual circumstances, but since commencement, we have waived all fees and charges until 30 September 2020 in light of the current conditions and the effect of COVID-19 on sports and participants.
Frequently Asked Questions
Q: What if the NST is not yet recognised in the rules of my sport?
The NST can still help. While the NST is working with sports to map out how the jurisdiction of the NST can be reflected in sports’ rules and by-laws, eligible disputes can still come before the NST as long as all of the parties to the dispute agree, including the CEO of ASADA in anti-doping matters.
The CEO of ASADA has indicated his approval of the NST as a ‘hearing body’ for the purposes of the World Anti-Doping Code, and his broad intention to agree to the NST dealing with anti-doping matters on a case by case basis prior to anti-doping policies being amended.
Discussion of these arrangements with the relevant sporting body or the NST is encouraged before commencing an application.
Q: What if a dispute originates at a state or community level?
The NST has been established to assist in the resolution of sporting disputes at the national level.
Sometimes a dispute may originate at the state or community level that is serious or significant enough that it is elevated to a national-level sporting body to deal with. When this happens, the NST can deal with the dispute, as long as it arises under the rules of the national body, and the national body refers it to the NST. This also means that the national body will be a party to the dispute, although the extent to which the national body will need to be involved, in practice, will depend on the dispute.
Q: What types of matters can the NST hear?
The NST can hear:
Q: How does the NST fit in with the anticipated update to the Member Protection Policy and new Whistle-Blower Framework from Sport Australia?
The NST is working with Sport Australia and the National Integrity of Sport Unit to ensure updates to the Complaint and Dispute Handling Process and the Member Protection Policy complement the services offered by the NST.
More information
For further information on these topics, and other details around the services provided by the NST, please see the website: www.nationalsportstribunal.gov.au, opens in a new tab
Get in touch
Enquiries are always welcome to enquiries@nationalsportstribunal.gov.au or through the hotline (02) 6289 3887 (Monday to Friday, 9am-5pm AEST).
The National Sports Tribunal is not part of Sport Australia, but we look forward to working closely with them to promote and foster the spirit of fair sporting competition. For more information on the NST head to https://www.nationalsportstribunal.gov.au/, opens in a new tab