Tribunal Determinations

Tribunal Determinations are determinations handed down by the Football NSW General Purposes Tribunal and Appeals Tribunal (Tribunals). Set out below are determinations handed down by the Football NSW General Purposes Tribunal and Appeals Tribunal (Tribunals).

Section 13.22 of the Football NSW Grievance and Disciplinary Regulations (adopted on 21 February 2013) allows Football NSW to disclose determinations of the Tribunals on its website subject to any confidentiality or any other legal requirements. By electronically disseminating the determinations, Tribunals can better educate the football community about certain conduct, make precedent-setting determinations readily accessible, promote transparency and demonstrate accountability.

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GPT 23-04 – Football NSW v Macarthur Rams FC and Bonnyrigg White Eagles FC

- melee
- abandonment
- match
- guilty
- fine

Charge(s)

During the League One Men’s 1st Grade match between Macarthur Rams FC (MRFC) and Bonnyrigg White Eagles FC (BWEFC) at Lynwood Park on Saturday, 11 February 2023 (Match) a melee/confrontation ensued between Players and Team Officials of both clubs. Players and/or Team Officials of MRFC and BWEFC instigated and/or participated in that melee/confrontation.

The Tribunal was also asked to:
(a) determine whether the Club or Clubs responsible for the abandonment of the Match; and
(b) recommend to Football NSW whether any charges should be brought against Participants from either or both Clubs.

Determination(s)

The Tribunal made the following findings:

1. Both Clubs were guilty of “Participating in a Melee (Grade 1)” in breach of Schedule 3, Table C – Offence Code 11-01 of the 2023 Football NSW Grievance and Disciplinary Regulations and were each fined $500.
2. But for the actions of an MRFC Team Official in entering the Field of Play during an injury to a BWEFC player prior to the completion of the Match, it was highly unlikely that the melee would have taken place.
3. MRFC was therefore responsible for causing the abandonment of the Match.
4. Recommended that two MRFC Team Officials be charged in respect of their involvement in the melee.
5. Football NSW should apply Section 2, Article 31 of its Competition Regulations in accordance with its rules.

MGPT 23-02 – Football NSW v Anthony Frangie

- offensive
- insulting
- abusive
- language
- gestures
- spat
- spitting
- bag
match official
- guilty
- fixture
- suspension

Charge(s)

1.Following the Respondent being issued with the Red Card, the Respondent used offensive, insulting or abusive language and/or gestures towards the Referee, in breach of Section 16.4(d), Schedule 3, Table B, Offence Code 04-01: “Use offensive, insulting or abusive language and/or gestures (isolated incident) of the Football NSW Grievance and Disciplinary Regulations 2023 (Regulations).
2. Following Charge One, the Respondent proceeded to the Referee Dressing Room, entered the Referee Dressing Room and spat on the top of a Match Official’s kit bag, in breach of Section 16.4(d) of the Regulations, specifically, Schedule 3: Table C, Offence Code 03-01:“Unsportsmanlike or unprofessional behaviour”.
3. Following to Charge 2, the Respondent proceeded to shout at the Match Official in a threatening or intimidating manner, requiring him to be physically restrained from advancing towards the Match Official and man handled into his team's Player Dressing Room.

Determination(s)

1. Guilty (of Table B, Offence Code 04-01) - Three (3) Fixtures.
2. Guilty - Three (3) Fixtures.
3. Guilty (of the alternative Charge- Schedule 3, Table B, 04-01) - Three (3) Fixtures.

The Tribunal exercised its discretion in this matter in the manner set out in section 13.11(l) of the Regulations. The Respondent is to serve those suspensions partly concurrently for a total suspension of Six (6) Fixtures.

GPT 23-02 – Football NSW v Marko Jesic and Marconi Stallions FC

- middle finger
- Serbian salute
- guilty
- not guilty
- fixture
- suspension

Charge(s)

1. During the NPL 1 NSW Men’s match between Sydney United 58 FC and Marconi Stallions FC on 5 February 2023 at Sydney United Sports Centre (the Match), after scoring a goal, Mr Marko Jesic ( has made a hand gesture with his right hand (that is, the “three-finger salute” or “the Serbian salute”) in the direction of Sydney United 58 FC Spectators occupying the western end of the stadium and then, on his way to the centre circle for the resumption of the Match, has made a middle finger gesture with his right hand in the direction of the Sydney United 58 FC Spectators occupying the southern side of the stadium in breach of Schedule 3, Table C, Offence Code 38-01 of the Football NSW Grievance and Disciplinary Regulations 2023 (the GDR), namely, an inappropriate goal celebration.
2. The Second Respondent, Marconi Stallions FC, was similarly charged under the deeming provision in section 16.6(a) of the GDR.

Determination(s)

1. On the evidence it provided, FNSW failed to make out its case against Mr Jesic as charged. Accordingly, the charge is dismissed.
2. It follows that the same charge against Marconi Stallions FC is dismissed.
3. Under section 13.11 of the GDR, the GPT advised Mr Jesic that, in respect of the middle finger gestures, it intended charging him with an offence under Schedule 3, Table C, Offence Code 06-01 and gave him the opportunity to consider his position. Mr Jesic’s counsel obtained instructions and entered a plea of guilty in respect of the charge and made submissions in mitigation.

The Tribunal imposed the following sanctions:

(a) In respect of the offence under Schedule 3, Table C, Offence Code 06-01, Mr Jesic is suspended for two (2) Fixtures, being the minimum sanction for a first offence.
(b) Under 15.6(j) of the GDR, the suspension will NOT extend to attending to spectate at any fixtures in which Marconi Stallions FC participates during the suspension.

GPT 21-09 Saviour King Emenogu

- punch
- referee
- mislead
- create
- playfootball
- account
- deceive
- play while suspended
- fixture
- time
- referee
- participate
- guilty

Charge(s)

1. During the Men’s State League (MSL) 1st Grade match between FC Gazy Auburn and Wagga City Wanderers FC at Progress Park on 13 August 2017, Saviour King (the Respondent) uttered words to the effect of “you are fucked in the head” towards the Assistant Referee, and was subsequently issued a Red Card (Red Card Code R6) by the Referee (First Red Card Offence). Following the First Red Card Offence, the Respondent punched the Referee, once in the face.
2. On 2 July 2020 and on 9 March 2021 , the Respondent (or someone acting on his instructions) created two PlayFootball accounts under different names in an attempt to avoid serving a suspension from football.
3. On 10 April 2021, the Respondent participated for Polonia Rams Soccer Club’s 1st Grade Men’s team in a football match against Parklea SFC in the BDSFA 2021 football competition while subject to 4 Fixture Suspension issued by GDSFA to the Respondent during the 2020 playing season.

Determination(s)

1. Guilty- three (3) years Time Suspension - The Respondent had served two (2) years and eleven (11) months prior to the date of the Hearing, and therefore must serve a further one (1) month’s suspension
2. Guilty - three (3) months Time Suspension.
3. Guilty - three (3) months Time Suspension.

The Respondent had a further seven (7) Fixtures to serve under the prior sanctions with respect to the First Red Card Offence, which must be served after the completion of the above sanctions relating to Charges 1, 2
and 3.

GPT 21-08 Sydney United 58 FC and Rockdale Ilinden FC

- supporter
- violent conduct
- serious violent conduct
- players
- disrepute
- misconduct
- fine
- points deduction
- hatred
- violence
- provication
- melee
- flares
- prejudicial
- image
- incitement
- suspended
- guilty
- spectator
- breach
- notice of determination

Charge(s)

Charges Against Sydney United 58 FC (SUFC)
For Charges 1- 6, please see the the Full Determination of FNSW v Sydney United 58 FC and Rockdale Ilinden FC

Charges Against Rockdale Ilinden FC (RIFC)
For Charges 1-8, please the Full Determination of FNSW v Sydney United 58 FC and Rockdale Ilinden FC

Determination(s)

Charges against SUFC
1. Guilty - $500 Fine.
2. Guilty - $4000 Fine.
3. Guilty - $500 Fine and a $3000 Fine suspended - activated if SUFC is found guilty of any contravention of s 19.1(i) prior to the end of the next season).
4., 5. 6. Guilty - $6000 Fine + 6 points deduction from current 2021 NPL season and a $6000 Fine suspended and 6 points deduction suspended - activated if, before the conclusion of next season, the Club is found guilty of contravening s 16.4(f) or (g)).
Charges against RIFC
1. Guilty - $500 Fine.
2. Guilty - $500 Fine.
3. Guilty - $1000 Fine.
4. Guilty - $3000 Fine.
5. Guilty - $500 Fine.
6., 7, 8. Guilty - $6000 Fine + 6 points deduction from current 2021 NPL season and a $6000 Fine suspended and 6 points deduction suspended - activated if, before the conclusion of next season, the Club is found guilty of contravening s 16.4(f) or (g)).

For the 2022 Season, any Fixture between SUFC and RIFC is to be played without spectators being admitted to the ground.

AT 18-04- Sydney United 58 Football Club v Football NSW; Rockdale City Suns Football Club

- reasonable opportunity
- natural justice
- severity
- Member Appeals Committee
- jurisdiction
- severity

Charge(s)

Sydney United 58 Football Club appealed on the following grounds:
1. a party was not afforded a reasonable opportunity to present its case;
2. lack or excess of jurisdiction of a Body or a Member Appeals Committee;
3. the decision was one that was not reasonably open to a Body or a Member Appeals Committee having regard to the evidence before the Body or the Member Appeals Committee;
4. severity re a fine of $3,000 or more.

Determination(s)

The appeal is dismissed with the consequence that the GPT Determination is confirmed. With regards to the grounds of appeal, the AT found that;
1. the FNSW GPT had afforded SU a reasonable opportunity to present its case;
2. the FNSW GPT did have jurisdiction to hear the matter;
3. the only evidence before the GPT of the cost of repairs to the cloth shade sale was that adduced on behalf of RCS. In these circumstances, the GPT Determination was not only reasonably open to it but was the only conclusion available to it on the evidence; and
4. as the GPT Determination requiring SU to compensate RCS for the damage caused to the Ground as a consequence of a breach of section 19 of the FNSW Regulations is not a fine, there is no foundation for the engagement of the severity ground of appeal.pose a Club Sanction of “cost of repair/replace property & equipment”.

GPT 18-39 Sydney United 58 FC

• Club
• Spectator
• Security
• NSW Police
• Throwing objects
• rubber balls
• breach of suspension
• time suspension
• evicted
• fine
• loss of points
• point deduction
• smoking
• fight
• confrontation,

Charge(s)

1. Spectators from the Club threw rubber bouncy balls on to the Field of Play (Section 16.4(d), Schedule 3, Table C, Offence Code 23-01)

2. Spectators from the Club became involved in a confrontation with members of both NSW Police and E-Group Security (Section 16.4(d), Schedule 3, Table C, Offence Code 30-01)

3. The Club allowed Mr Christian Pervan to spectate the match even though he was serving a Time Suspension issued by the General Purposes Tribunal (GPT) (reference GPT 15-03) and was prohibited from attending any Sydney United Fixtures for the duration of his Time Suspension (Section 16.4(d), Schedule 3, Table C, Offence Code 19-01)

4. Spectators from the Club assaulted/struck a security guard (Section 16.4(d), Schedule 3, Table C, Offence Code 15-01.)

5. During the match, a Spectator from the Club was smoking a cigarette in breach of clause 9(a) of the Football NSW Terms of Admission Policy.

Determination(s)

1. Guilty Plea- Pay a fine to FNSW of $1,500 and the loss of (3) Competition Points (12 Championship Points) (loss of points only to be suspended)

2. Guilty Plea- pay a fine to FNSW of $1,000.

3. Guilty Plea- pay a fine to FNSW of $1,000 (suspended)

4. Guilty Plea- pay a fine to FNSW of $1,000

5. Guilty Plea- Warning to be issued by FNSW