Hi all. I have recently been suspended from a sporting competition for 3 seasons.
There was an investigation of conducted by the Association and I was found guilty of "acting in a way that may bring the game into disrepute" by way of making physical contact with another player.
I have denied these charges. I then requested a tribunal hearing. At the hearing, I plead not guilty to the charges. After hearing the witnesses of the prosecution, I gave my version of events and said "I can call a witness to verify my story".
The chairman of the tribunal then replied "no, don't worry about it" and adjourned to make a decision. I was suspended for 3 years.
I was told that there would be a transcript of the tribunal hearing made available to me within the 48 hr period I had to appeal the decision of the Tribunal. The Association has so far refused to send the transcripts.
It has been 10 days, I have not yet received the transcripts after 3 requests were made, and I have been told the matter is now closed as I have lost my chance to appeal because I did not forward $300 to the association within 48 hrs. I have now have another avenue of appeal to the sports governing body in Victoria, however, I still don't have the transcripts. I have also asked them to detail exactly how I made contact so I can use it for an appeal to a higher body and they have refused to tell me.
My questions are:
a) does this constitute a breach of procedural fairness because I was not able to call witnesses in my defence
b) Are they required to tell me exactly how i made contact in order for me make a proper appeal?
c) would I be able to take this case to VCAT?
d) would I win?
There was an investigation of conducted by the Association and I was found guilty of "acting in a way that may bring the game into disrepute" by way of making physical contact with another player.
I have denied these charges. I then requested a tribunal hearing. At the hearing, I plead not guilty to the charges. After hearing the witnesses of the prosecution, I gave my version of events and said "I can call a witness to verify my story".
The chairman of the tribunal then replied "no, don't worry about it" and adjourned to make a decision. I was suspended for 3 years.
I was told that there would be a transcript of the tribunal hearing made available to me within the 48 hr period I had to appeal the decision of the Tribunal. The Association has so far refused to send the transcripts.
It has been 10 days, I have not yet received the transcripts after 3 requests were made, and I have been told the matter is now closed as I have lost my chance to appeal because I did not forward $300 to the association within 48 hrs. I have now have another avenue of appeal to the sports governing body in Victoria, however, I still don't have the transcripts. I have also asked them to detail exactly how I made contact so I can use it for an appeal to a higher body and they have refused to tell me.
My questions are:
a) does this constitute a breach of procedural fairness because I was not able to call witnesses in my defence
b) Are they required to tell me exactly how i made contact in order for me make a proper appeal?
c) would I be able to take this case to VCAT?
d) would I win?