tribunal
reforms 2005
2 AFL TRIBUNAL REFORMS 2005
INTRODUCTION
In 2005, a number of reforms will apply to the AFL’s Tribunal and reporting processes. The reforms have been based on a set of principles outlined as follows:
• to improve the efficiency of the Tribunal process by introducing a system whereby players can accept penalties without having to appear before the Tribunal;
• to promote transparency and certainty of the
process by introduction of a publicly available
table of offences;
• to achieve greater consistency in the reporting process by the introduction of a Match Review Panel through which all reports will proceed;
• to increase the number of respected former AFL players, coaches and umpires in the Tribunal and reporting processes;
• to reduce the damage done to the credibility of the Tribunal process by limiting victim player evidence;
• to increase the range of representation available to players and the AFL by permitting legal representation;
• to increase the efficiency of dealing with melee and wrestling reports;
• to update and improve the technology available
to the Match Review Panel, and the Tribunal, to support the professionalism of the Tribunal and its reporting process;
• to lessen the financial barrier for appeals.
During the development of these reforms, representatives of the players, clubs, and umpires had significant input into the decision-making process.
This document – which should be considered as a guide only – has been constructed to show how the entire process works from match day, through the tribunal hearing, and, if required, to the Appeal process.
On the following pages you will see the Guidelines under which the Match Review Panel, and the Tribunal will operate, several charts and graphics, outlining the operation of the Match Review Panel and the Tribunal. The charts and graphics include:
• At a glance graphic showing the complete Tribunal process;
• Definitions and procedures relating to the Match Review Panel, the Tribunal, and the rights of players;
• Categorising the Level of Offences;
• Table of Offences – Demerit Points;
• Points – Consequences;
• Table of Offences – Fixed Financial Sanctions
From pages 8-10 a pullout shows how charges are assessed. From page 12 several examples follow.
The Tribunal is a vital component of the AFL system. We don’t expect suspended players, their clubs, or supporters to be pleased when a player is suspended, but we do ask that all stakeholders in our game to recognise that these structural reforms – underpinned by the integrity and independence of the AFL Tribunal – have been made for the long term benefit of the AFL competition.
APPOINTMENTS
The AFL has made the following appointments to the Match Review Panel, and to the newly structured tribunal.
The Chair of the Match Review Panel is former Hawthorn premiership player and coach, Peter Schwab; members of the panel are former Carlton premiership player Andrew McKay, and former Grand Final umpire, Peter Carey.
The Chairman of the Tribunal is retired County Court Judge David Jones and retired County Court Judge
John Hassett has been appointed his Deputy.
Members of the tribunal jury are: Michael Sexton, Richard Loveridge, Emmett Dunne, Wayne Schimmelbusch, Stewart Loewe and Barry Stoneham.
The counsel for the AFL Tribunal is Will Houghton, Q.C. and his assistant is Andrew Tinney. The AFL Investigations Officer is the former Assistant Commissioner of Police in Victoria and Queensland, Allan Roberts.
ADRIAN ANDERSON
AFL General Manager, Football Operations
ADRIAN ANDERSON
AFL GENERAL MANAGER, FOOTBALL OPERATIONS
tribunal
reforms 2005
PETER SCHWAB
CHAIRMAN,
MATCH REVIEW PANEL
DAVID JONES
CHAIRMAN,
AFL TRIBUNAL
AFL TRIBUNAL REFORMS 2005 3
HOW THE TRIBUNAL WORKS
The graphic below shows the process from report through to appeal. The reforms outlined in this document include the introduction of a Match Review Panel which will decide if charges are made and the penalty – based on the the Table of Offences - Demerit Points (page 9-10) – which a charged player may accept (without facing the Tribunal). The structure of the Tribunal itself has also been varied: decisions will now be made by a three-person jury, of former AFL players. Other reforms include the allowance of legal representation, the victim player is no longer required to appear, and the role of the Chairman has been varied – to manage process and to decide points of law.
Panel provides brief reasons why charge rejected
DEFINITIONS & PROCEDURES
ROLE
CHAIRMAN: Peter Schwab
MEMBERS: Andrew McKay, Peter Carey
• Analyse videos of all matches
• Review reports or referrals
made by designated officials
• Make charges when satisfied that a reportable offence has occured
• Allocate penalty which player
can accept or face the Tribunal
MATCH REVIEW PANEL AND ROLE
OF MATCH REVIEW PANEL MEMBERS
CHARGE MADE
REPORTS OR REFERRALS
• Umpires
• Umpires
• Umpires’ Observer
• Umpires’ Manager
• AFL General Manager Football Operations
• Club CEO
• Match Review Panel Video Review (all matches reviewed)
AND REFERRED TO:
THE REPORTING PROCESS
MATCH REVIEW PANEL
THREE MEMBERS
NO CHARGE MADE
OPTIONS
1
Player accepts charge, pleads guilty, and is penalised according
to table of offences and sanctions
OR
Charge goes
to tribunal
2
• Error in law
• That the decision was so unreasonable that no Tribunal acting reasonably could have come to that decision having regard to the evidence before it
• Classification of offence manifestly excessive
• Sanction imposed manifestly excessive
FOUR GROUNDS FOR APPEAL
COST OF APPEAL REDUCED
• A player can contest a charge
(i.e. plead innocence), or the level of charge (i.e. seek a lower level of charge as per Table of Offences and Sanctions).
• Victim players are not required to attend, but the Tribunal Chairman
can allow victims to attend.
• Players can have legal representation.
PLAYERS’ RIGHTS
ROLE
CHAIRMAN: David Jones
DEPUITY CHAIRMAN: John Hassett
JURY: Michael Sexton, Richard Loveridge, Emmett Dunne, Wayne Schimmelbusch, Barry Stoneham and Stewart Loewe
• Chairman and three members of a jury. Jury members are predominantly retired
AFL players
• Chairman manages process and decides on points of law
• Jury to decide guilt or innocence and apply penalty as per table of offences and sanctions
TRIBUNAL MEMBERS &
THE ROLE OF TRIBUNAL
If Player believes there are grounds for appeal he can appeal
Referrals for
Reports
Referrals
• Previously appeal cost $15,000 of which $7500 was non-refundable.
• New appeal structure: Cost $5000, $2500 non-refundable.
4 A F L T R I B U N A L R E F O R M S 2 0 0 5
The following Guidelines are published to assist AFL Clubs, Players, the media and members of the public to understand the way in which the Match Review Panel will approach the determination of Levels and Points attributable to the Reportable Offences set out in Appendix 1 to Player Rule 22 (“Appendix 1â€
