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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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”.