Judicial Bodies By-Law

Football Australia Limited

(ACN 106 478 068)
 Table of Contents

1. STATUS ...................................................................................................................................... 4

2. INTERPRETATION ....................................................................................................................... 4

3. DEFINITIONS .............................................................................................................................. 4

4. APPLICATION AND PURPOSE ....................................................................................................... 8

5. COMPOSITION OF THE DISCIPLINARY AND ETHICS COMMITTEE ................................................... 9

6. JURISDICTION OF THE DISCIPLINARY AND ETHICS COMMITTEE................................................... 10

7. COMPOSITION OF THE APPEAL COMMITTEE .............................................................................. 11

8. JURISDICTION OF THE APPEAL COMMITTEE ............................................................................... 12

9. ADMINISTRATIVE PROCEDURES ................................................................................................ 13

10. PROCESS FOR DETERMINATION ................................................................................................ 14

11. APPLICATION FEE ..................................................................................................................... 15

12. APPLICABLE TIMEFRAMES......................................................................................................... 15

13. PRE-HEARING PROCEDURE ....................................................................................................... 15

14. CHALLENGE OF COMMITTEE MEMBER....................................................................................... 17

15. SUBMISSIONS AND EVIDENCE ................................................................................................... 18

16. HEARING .................................................................................................................................. 19

17. RELIEF ...................................................................................................................................... 21

18. FORM AND CONTENT OF A DETERMINATION ............................................................................ 21

19. COSTS AWARD ......................................................................................................................... 21

20. TERMINATION OF PROCEEDINGS .............................................................................................. 22

21. PUBLICATION AND CONFIDENTIALITY........................................................................................ 22

22. CORRECTION OF A DETERMINATION ......................................................................................... 23

23. HEARINGS OF THE APPEAL COMMITTEE .................................................................................... 23

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24. FAILURE TO RESPECT DETERMINATION ..................................................................................... 24

25. NO RECOURSE TO COURTS ........................................................................................................ 25

26. APPLICABLE LAW ...................................................................................................................... 25

27. FA AND COMMITTEE MEMBER IMMUNITY ................................................................................ 25

28. SUBSTANTIAL COMPLIANCE ...................................................................................................... 26

29. NOTICE .................................................................................................................................... 26

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1. STATUS

1.1 This Judicial Bodies By-Law is made by the Directors under the powers conferred on them
by the Constitution. It is to be known as the Judicial Bodies By-Law.

1.2 This Judicial Bodies By-Law forms part of the FA Grievance Procedure.

1.3 This Judicial Bodies By-Law forms part of the FA Statutes.

1.4 This Judicial Bodies By-Law came into effect on and was amended on 7 September
2022and remains in effect until amended, repealed or replaced by the Directors.

2. INTERPRETATION

2.1 Any capitalised terms used in this Judicial Bodies By-Law that are not defined in clause 3
below have the meaning prescribed in the Constitution.

2.2 This Judicial Bodies By-Law must be interpreted in accordance with article 21 of the
Constitution.

3. DEFINITIONS

In this Judicial Bodies By-Law:

A-Leagues means the A-League Men, A-League Women and A-League Youth
competitions.
A-League Men means the premier men’s professional national club competition, including
the pre-season, regular season and finals series.

A-League Women means the premier women’s professional national club competition,
including the pre-season, regular season and finals series.

A-League Youth means the premier men’s youth national club competition, including the
pre-season, regular season and finals series.

A-Leagues Club means a football club registered with FA and licensed by A to enter a team
into the A-Leagues.

Administrator means the person appointed by FA in accordance with clause 9.1 from time
to time to administer this Judicial Bodies By-Law.
APL means Australian Professional Leagues Company Pty Ltd (ACN 646 799 199) being
the Competition Administrator for the A-Leagues under licence from Football Australia.

Appeal Committee has the meaning given under the Constitution and constituted pursuant
to clause 7 of this Judicial Bodies By-Law.

Appellant has the meaning given in clause 23.3.

Appellee has the meaning given in clause 23.3.

Applicant has the meaning given in clause 10.5.

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 Application Form means the prescribed form:

(a) a party must use to apply for Determination of a Disciplinary Dispute;

(b) a party must use to appeal a Determination of a Panel; and

(c) FA must use to join any proceedings in accordance with clause 4.5,

(d) in the form as attached in Annexure A or as prescribed by an FA Statute from time

to time.

Australia Cup means the national club competition staged by, or under the control of, FA
between Clubs and is comprised of such configuration as determined by FA from time to
time.

Business Day means a day when the offices of FA are ordinarily open for business.

Chair means the Committee Member appointed by FA to chair the Disciplinary and Ethics
Committee or the Appeal Committee in accordance with this Judicial Bodies By-Law.
Club Licensing Breach means a breach of the National Club Licensing Regulations by a
Licence Applicant or a Licensee (as applicable).

Club Licensing Criteria means the requirements applicable to the grant of a Licence to a
Licence Applicant by the Licensor in accordance with the National Club Licensing
Regulations.
Club Licensing Disciplinary Matter means a matter referred for determination to the
Disciplinary and Ethics Committee pursuant to the National Club Licensing Regulations.

Club Licensing Sanction means a sanction imposed on a Licence Applicant or a Licensee

for a Club Licensing Breach.
Committee Member means a member of the Disciplinary and Ethics Committee or the
Appeal Committee appointed by FA from time to time.

Deputy Chair means the Committee Member appointed by FA to be the deputy chair of the
Disciplinary and Ethics Committee or the Appeal Committee in accordance with this Judicial
Bodies By-Law.
Determination means a determination of a:
(a) Disciplinary Dispute, Disciplinary Matter or a Club Licensing Disciplinary Matter by
the Panel of the Disciplinary and Ethics Committee or the Appeal Committee, as
applicable; or

(b) State Body Member Appeal by the Panel of the Appeal Committee,
to be in the form and having the content prescribed in clause 18.

Disciplinary and Ethics Committee has the meaning given to it under the Constitution and
constituted pursuant to clause 5 of this Judicial Bodies By-Law.

Disciplinary Matter means a matter referred for determination to the Disciplinary and Ethics
Committee pursuant to the Disciplinary Regulations.
Disciplinary Dispute means, with the exception of one arising under the National Anti-
Doping Policy, a dispute between:

7 September 2022 5
 (a) FA and a Constituent in relation to a decision made by FA, or sanction imposed by
FA on a Constituent, as a result of a finding by FA that a Constituent has breached
one or more of the FA Statutes; or

(b) an A-Leagues Club and a Player in relation to a decision made by an A-Leagues

Club, or sanction imposed by an A-Leagues Club on a Player, as a result of a finding
by an A-Leagues Club that a Player has breached the National Code of Conduct and
Ethics;
(c) APL and an A-Leagues Club in relation to a decision made by APL, or sanction
imposed by APL on an A-Leagues Club, as a result of a finding by APL that an A-
Leagues Club has breached the National Code of Conduct and Ethics or an APL
competition regulation

Disciplinary Regulations means the specific regulations promulgated by FA that govern

the conduct of the A-Leagues, Australia Cup or any other National Competition and
disciplinary matters arising from those competitions.

FA means Football Australia Limited including its employees, consultants, officers and
directors.

FIB Notice means a notice issued by the First Instance Body in accordance with National
Club Licensing Regulations referring a finding by the First Instance Body of Club Licensing
Breach(es) by a Licence Applicant to the Disciplinary and Ethics Committee.

First Instance Body means the body convened by FA or a State Body Member, as
applicable, and is constituted in accordance with and has the functions and powers
prescribed in the National Club Licensing Regulations.

Grievance Procedure By-Law means the Grievance Procedure By-Law promulgated by

the Directors in accordance with the FA Constitution.

Judicial Bodies By-Law means this Judicial Bodies By-Law promulgated by the Directors
in accordance with the FA Constitution.
Licence means the certificate granted by, and in accordance with the National Club
Licensing Regulations, the Licensor confirming fulfillment of all mandatory Club Licensing
Criteria by the Licence Applicant.

Licence Applicant means the legal entity:

(a) fully and solely responsible for the football team participating in a club competition(s)
for which a Licence may be granted; and

(b) which applies or has applied for a Licence,

in accordance with the National Club Licensing Regulations,

Licensee means Licence Applicant that has been granted a Licence by the Licensor.

Licensor means the body that operates, administers and grants Licences in accordance
with the National Club Licencing Regulations.

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 Member Federation Club means a Club registered to FA and licenced to compete in a State
Body Member competition that is participating in the Australia Cup and that is not an A-
League Club.

Minimum Sanction means minimum Club Licensing Sanction prescribed in the National
Club Licencing Regulations for a specific Club Licensing Breaches.

National Arbitration Tribunal means the FA National Arbitration Tribunal established

pursuant to the National Arbitration Tribunal Regulations.
National Arbitration Tribunal Regulations means the FA National Arbitration Tribunal
Regulations as promulgated by FA from time to time.

National Club Licensing Regulations means the national club licensing regulations as
promulgated by FA from time to time.

National Dispute Resolution Chamber means the National Dispute Resolution Chamber
established pursuant to the National Dispute Resolution Chamber Regulations.

National Dispute Resolution Chamber Regulations means the National Dispute

Resolution Chamber Regulations as promulgated by FA from time to time.

National Competition means any national competition staged by, or under the control of,
FA between Clubs and is comprised of such configuration as determined by FA from time to
time.

Panel means a panel of one (1) or three (3) Committee Members (or such other number as
agreed under this Judicial Bodies By-Law) convened to hear and determine a Disciplinary
Dispute, Disciplinary Matter, Club Licensing Disciplinary Matter or State Body Member
Appeal.

Respondent has the meaning given in clause 10.5.

Roster of Committee Members means the roster of Committee Members appointed to the:

(a) Disciplinary and Ethics Committee in accordance with clause 5; or

(b) Appeal Committee in accordance with clause 7,

as the case may be.
State Body Member Appeal means an appeal of a decision of the appeal committee or
appeal tribunal of a State Body Member under clause 8.1(b).

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4. APPLICATION AND PURPOSE

4.1 This Judicial By-law forms part of the FA Statutes.

4.2 The purpose of this Judicial Bodies By-Law is to:

(a) establish the membership of the Judicial Bodies;

(b) specify the jurisdiction of the Judicial Bodies;

(c) specify the functions of the Judicial Bodies; and

(d) subject to clause 4.3 below, specify the procedural rules applicable to the operation
of the Judicial Bodies.

4.3 If an FA Statute specifies the procedural rules applicable to the operation of the Judicial
Bodies in relation to a particular Disciplinary Dispute, Disciplinary Matter or a Club Licensing
Disciplinary Matter, those procedural rules will apply. To the extent of any inconsistency
between the procedural rules specified in this Judicial Bodies By-Law and the procedural
rules specified in an FA Statute, the procedural rules specified in the FA Statute will prevail.

4.4 The objective of this Judicial Bodies By-Law is to enable the Disciplinary and Ethics
Committee and the Appeal Committee to hear and determine Disciplinary Disputes,
Disciplinary Matters, and Club Licensing Disciplinary Matters justly and to this end:
(a) enshrine the right of a party to be heard before an independent and impartial body
in a fair and equitable manner;

(b) save parties time and expense; and

(c) ensure matters are dealt with fairly and expeditiously.

4.5 FA has the right to be heard and to make submissions at any time in relation to a State Body
Member Appeal or a Club Licensing Disciplinary Matter if FA considers that the matter has
the potential to affect FA, football generally or is a matter of general importance to football.

4.6 Each Constituent submits exclusively to the jurisdiction of the FA Grievance Procedure and
agrees that:
(a) any Disciplinary Dispute, Disciplinary Matter, or a Club Licensing Disciplinary Matter
that it has will be solely and exclusively heard and determined by the Judicial Bodies;

(b) it will not attempt to resolve any Disciplinary Dispute, Disciplinary Matter, or a Club
Licensing Disciplinary Matter in any court of law or tribunal; and

(c) a Determination made under the FA Grievance Procedure is final and binding on all
parties.

7 September 2022 8
5. COMPOSITION OF THE DISCIPLINARY AND ETHICS COMMITTEE

5.1 FA will establish and maintain a Roster of Committee Members consisting of a Chair, at least
one (1) Deputy Chair and the number of members deemed necessary for the proper
functioning of the Disciplinary and Ethics Committee.

5.2 Subject to the relevant Disciplinary Regulations or National Club Licensing Regulations, the
Disciplinary and Ethics Committee may be represented in a hearing by a sole Committee
Member.

5.3 To be eligible for nomination and appointment to the Disciplinary and Ethics Committee in
accordance with clause 5.1 above, a Committee Member must have the experience or skills
suitable to the function of the Disciplinary and Ethics Committee, including a barrister or
solicitor, a person with a thorough knowledge of football or recent international competition
experience. The Chair and Deputy Chair must have legal qualifications.

5.4 A Committee Member must be removed from the Roster of Committee Members:

(a) if he or she resigns;

(b) if dismissed in accordance with the Constitution;

(c) if he or she accepts a disqualifying position (being the position of director, officer,
employee, consultant or contractor of FA, a Club, or of the PFA or is a Player); or

(d) if he or she is no longer able to act.

5.5 FA will endeavour to fill vacancies on the Roster of Committee Members as soon as possible.

5.6 If a Committee Member is removed in accordance with clause 5.4, then:

(a) if the Committee Member is sitting as a single Committee Member, all aspects of the
proceedings in which the replaced Committee Member took part will be deemed
invalid and must be repeated;

(b) if the Committee Member is sitting as a member of a Panel comprising of two (2) or
more Committee Members, a replacement Committee Member shall be appointed
to the Panel and all aspects of the proceedings in which the replaced Committee
Member took part will be deemed valid and need not be re-heard unless the Chair
of the Panel, in his or her discretion, determines otherwise having regard to the
objectives in clause 4.4.

5.7 Unless the context otherwise requires, a Deputy Chair of the Disciplinary and Ethics
Committee will perform the functions of the Chair of the Disciplinary and Ethics Committee
under this Judicial Bodies By-Law if the Chair is unable to perform those functions.

7 September 2022 9
6. JURISDICTION OF THE DISCIPLINARY AND ETHICS COMMITTEE

6.1 The Disciplinary and Ethics Committee has jurisdiction to determine:

(a) Disciplinary Disputes; and

(b) Disciplinary Matters; and

(c) Club Licensing Disciplinary Matters.

6.2 In the case of a Club Licensing Disciplinary Matter only, in accordance with the National Club
Licensing Regulations, the Disciplinary and Ethics Committee has the jurisdiction to
determine the sole question of what Club Licensing Sanctions above the Minimum Sanction,
which must always be imposed, if any, should be imposed on a Licence Applicant or
Licensee (as applicable) for the Club Licensing Breaches specified in the FIB Notice.

6.3 Subject to clause 6.4, in the event there is uncertainty as to whether the jurisdiction of the
Judicial Bodies By-Law, the National Arbitration Tribunal Regulations or the National Dispute
Resolution Chamber Regulations applies, then the Chair of the Disciplinary and Ethics
Committee will determine which body will hear the application and such determination is final
and binding.

6.4 Where uncertainty arises due to a dispute having one (1) or more elements which fall within
the jurisdiction of the:

(a) Judicial Bodies; and/or

(b) National Arbitration Tribunal; and/or

(c) the National Dispute Resolution Chamber,

then the Chair of the Disciplinary and Ethics Committee must direct that the dispute must be
heard by the Judicial Bodies in accordance with the Judicial Bodies By-Law and in such
circumstances the Judicial Body may hear and determine those elements which would
otherwise not fall within its jurisdiction.

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7. COMPOSITION OF THE APPEAL COMMITTEE

7.1 FA will establish and maintain a Roster of Committee Members consisting of a Chair, at least
one (1) Deputy Chair and the number of members deemed necessary for the proper
functioning of the Appeal Committee.

7.2 The Appeal Committee must consist of a Panel of three (3) persons (including the Chair of
the Appeal Committee), unless the parties to the hearing otherwise agree in writing.

7.3 To be eligible for nomination and appointment to the Appeal Committee in accordance with
clause 7.1 above, a Committee Member must have the experience or skills suitable to the
function of the Appeal Committee, including a barrister or solicitor, a person with a thorough
knowledge of football or recent international competition experience. The Chair and Deputy
Chair must have legal qualifications.

7.4 A Committee Member must be removed from the Roster of Committee Members:
(a) if he or she resigns;

(b) if dismissed in accordance with the Constitution;

(c) if he or she accepts a disqualifying position (being the position of director, officer,
employee, consultant or contractor of FA, APL, State Body Member, a Club, or of
the PFA or is a Player); or

(d) if he or she is no longer able to act.

7.5 FA will endeavour to fill vacancies on the Roster of Committee Members as soon as possible.

7.6 If a Committee Member is removed in accordance with clause 7.4, then:

(a) if the Committee Member is sitting as a single Committee Member, all aspects of the
proceedings in which the replaced Committee Member took part will be deemed
invalid and must be repeated;

(b) if the Committee Member is sitting as member of a Panel comprising of two (2) or
more Committee Members, a replacement Committee Member will be appointed to
the Panel and all aspects of the proceedings in which the replaced Committee
Member took part will be deemed valid and need not be re-heard unless the Chair
of the Panel, in his or her discretion, determines otherwise having regard to the
objectives in clause 4.4.

7.7 Unless the context otherwise requires, a Deputy Chair of the Appeal Committee will perform
the functions of the Chair of the Appeal Committee under this Judicial Bodies By-Law if the
Chair is unable to perform those functions.

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8. JURISDICTION OF THE APPEAL COMMITTEE

8.1 The Appeal Committee has jurisdiction to hear appeals from:

(a) Determinations of the Disciplinary and Ethics Committee; or

(b) the appeal committee or appeal tribunal of a State Body Member, but only if the:

(i) State Body Member’s grievance procedure has been fully exhausted; and

(ii) the sanction to be appealed from is one of the following:

(A) a fine greater than $3,000; or

(B) a suspension of six (6) or more matches.

8.2 Subject to clause 4.5, only a person who was party to proceedings referred to in clause 8.1(a)
or 8.1(b) has the right to appeal a Determination arising out of those proceedings.

8.3 The non-selection of a Club to participate in a competition, or its failure to qualify for that
competition on both playing or non-playing criteria, does not for the purposes of clause
8.1(b)(ii)(B) constitute a suspension or fine.

7 September 2022 12
9. ADMINISTRATIVE PROCEDURES

9.1 FA must from time to time appoint an Administrator to ensure the operation of this Judicial
Bodies By-Law.

9.2 The Administrator must:

(a) collate all submissions, documents and evidence received by the parties or relevant
to the Disciplinary Dispute, Disciplinary Matter, Club Licensing Disciplinary Matter,
or State Body Member Appeal;
(b) provide copies of notices and Determinations to the parties to the Disciplinary
Dispute, Disciplinary Matter, Club Licensing Disciplinary Matter, or State Body
Member Appeal;

(c) convene the Panel in accordance with clause 13.1;

(d) be the central point of contact for the parties to a Disciplinary Dispute, Disciplinary
Matter, Club Licensing Disciplinary Matter, or State Body Member Appeal; and

(e) perform all tasks prescribed to the Administrator and any incidental tasks necessary
to ensure the smooth and efficient operation of this Judicial Bodies By-Law.

9.3 All notifications and communications that the Panel intend for the parties (and vice versa)
must be made through the Administrator.

9.4 The Administrator may issue orders to the parties of an administrative nature.

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10. PROCESS FOR DETERMINATION

Initiating Processes

10.1 An application for Determination of a Disciplinary Dispute may only be initiated by a

Constituent that is directly subject to a decision made or sanction imposed by FA or APL, as
applicable, on the Constituent as a result of a finding by FA or APL, as applicable, that the
Constituent has breached one or more of the FA Statutes.

10.2 A referral for the Determination of a Disciplinary Matter may only be initiated by FA or such
other person or body that is expressly granted this right under an FA Statute.

10.3 A referral for the Determination of a Club Licensing Disciplinary Matter may only be initiated
by the First Instance Body in accordance with the National Club Licensing Regulations.

10.4 An application for Determination of a State Body Member Appeal may only be initiated by a
Constituent that is directly subject to a decision made or sanction imposed by the appeal
committee or appeal tribunal of a State Body Member.

Application Form

10.5 If a Constituent wants the Disciplinary and Ethics Committee to hear and determine a
Disciplinary Dispute (Applicant), the Applicant must lodge a completed and signed
Application Form with the Administrator, copied to the other party (Respondent).

10.6 The Application Form must be signed by the Applicant and contain the following mandatory
information (in addition to any other relevant mandatory information provided for in the
Application Form):

(a) the name and contact details of the Applicant and the Respondent;
(b) the date on which the event giving rise to the Disciplinary Dispute took place or
concluded (if a series of events);

(c) a statement summarising the alleged facts and any legal arguments;

(d) an explanation of the provision of the relevant FA Statute that has alleged to have
been breached; and
(e) the specific relief sought and the provision of the relevant FA Statute that provides
for such relief.

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11. APPLICATION FEE

11.1 An Applicant must pay FA, via the method and in the manner prescribed FA from time to
time, a non-refundable application fee:

(a) in the case of a legal person, $1000; or

(b) in the case of a natural person, $500,

unless specified to the contrary in the applicable FA Statute.

11.2 A party wanting to appeal a:

(a) Determination of the Disciplinary and Ethics Committee; or
(b) decision of the appeal committee or appeal tribunal of a State Body Member,

must pay FA an appeal fee of $2,500 in accordance with clause 23.

11.3 For the avoidance of doubt, no application fee is payable for a Club Licensing Disciplinary
Matter.

11.4 A hearing will not be convened unless and until the applicable fee has been received by FA.

12. APPLICABLE TIMEFRAMES

12.1 If a party has an express obligation to refer a matter to the Judicial Bodies, either under this
Judicial Bodies By-Law or under a particular FA Statute, within certain timeframes, that party
must do so in accordance with those timeframes or in the absence of specific obligations to
refer within certain timeframes, within seven (7) days of receipt of the notice of the relevant
decision being made or sanction being imposed. Subject to clause 12.3, the Administrator
must not accept an application for determination which fails to meet the relevant timeframe.

12.2 If a Disciplinary Dispute, Disciplinary Matter or Club Licensing Disciplinary Matter is urgent,
such urgency may be indicated on the Application Form which may be taken into account
when convening the Panel in accordance with clause 13.

12.3 The Chair of a Panel may extend the period set out in clause 12.1 in exceptional
circumstances.

13. PRE-HEARING PROCEDURE

Disciplinary Disputes

13.1 Once the Administrator receives an Application Form which complies with clauses 0 and
10.6, the Administrator must convene the Panel within twenty one (21) days.

13.2 Once convened, the Panel must issue directions with respect to the proceedings as soon as
practicable and convene a date for the hearing being no later than twenty one (21) days of
being convened (or as soon as possible thereafter).

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Club Licensing Disciplinary Matters

13.3 The pre-hearing procedure for Club Licensing Disciplinary Matters is as prescribed in the
National Club Licensing Regulations, in particular, section 13, or such other parts as
amended or varied from time to time.

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14. CHALLENGE OF COMMITTEE MEMBER

14.1 A Committee Member cannot hear or determine a Disciplinary Dispute, Disciplinary Matter,
or a Club Licensing Disciplinary Matter if that Committee Member has a conflict of interest or
otherwise cannot hear and determine a Disciplinary Dispute, Disciplinary Matter or a Club
Licensing Disciplinary Matter in an independent and impartial matter.

14.2 If a party wishes to contest that a Committee Member should not hear or determine a
Disciplinary Dispute, Disciplinary Matter or a Club Licensing Disciplinary Matter by virtue of
clause 14.1, it must do so by notifying the Administrator within two (2) Business Days after
the grounds for such contest become known to that party.

14.3 The Administrator must promptly provide any notice received in accordance with clause 14.2
to the Panel.

14.4 If a party contests that a Committee Member should not hear or determine a Disciplinary
Dispute, Disciplinary Matter, or a Club Licensing Disciplinary Matter in accordance with
clause 14.2, then a decision will be made by the Panel (including the Committee Member
whose ability to hear and determine a Disciplinary Dispute, Disciplinary Matter, or a Club
Licensing Disciplinary Matter has been contested) as to that Committee Member’s ability to
hear and determine the Disciplinary Dispute, Disciplinary Matter, or a Club Licensing
Disciplinary Matter .

14.5 If a decision is made under clause 14.4 that a Committee Member cannot hear and determine
a Disciplinary Dispute, Disciplinary Matter, or a Club Licensing Disciplinary Matter after the
Panel has been convened, that Committee Member must be removed from the Panel and a
new Committee Member will be appointed from the Roster of Committee Members. If the
Committee Member removed is the Chair, he or she will be replaced by the Deputy Chair
(and vice versa);

14.6 If a Committee Member is replaced in accordance with clause 14.5, then:

(a) if the Committee Member is sitting as a single Committee Member, all aspects of the
proceedings in which the replaced Committee Member took part must be deemed
invalid and must be repeated; and

(b) if the Committee Member is sitting as a member of a Panel of three Committee

Members, the proceedings which the replaced Committee Member took part are
valid and need not be re-heard unless the Chair of the Panel determines, in his or
her absolute discretion, that it is necessary to do so to ensure that the Disciplinary
Dispute, Disciplinary Matter, or a Club Licensing Disciplinary Matter is properly
determined.

7 September 2022 17
15. SUBMISSIONS AND EVIDENCE

15.1 The terms of this clause 15 apply to ensure each party is provided with an opportunity to
consider the other party’s case before the hearing in order that it may appropriately respond.

15.2 The proceedings before the Panel will comprise of, in the case of:

(a) a Disciplinary Matter or Disciplinary Dispute:

(i) written submissions, materials, documents or other evidence a party intends

to rely on in the hearing; and
(ii) a hearing; and

(b) a Club Licensing Disciplinary Matter:

(i) written submissions, materials, documents or other evidence a party intends

to rely on and submit to the Panel; and
(ii) at the express direction of the Panel only, a Licence Applicant or a Licensee
(as applicable) may be requested to make oral submissions to the Panel.

15.3 In the case of a Club Licensing Disciplinary Matter, a Panel will determine the Club Licensing
Disciplinary Matter based on the written materials submitted to it by the parties in accordance
with this Judicial Bodies By-Law, and the National Club Licensing Regulations (as
applicable), unless, in accordance with clause 15.2(b)(ii), a Panel directs that a Licence
Applicant or Licensee be requested to provide oral submissions to the Panel.

15.4 Subject to any directions of the Panel (including as to timetable), in the case of:

(a) a Disciplinary Matter or Disciplinary Dispute, a party must provide to the

Administrator a copy of the materials referred to in clause 15.2(a)(i) in accordance
with clause 15.5, at least two (2) Business Days before the scheduled start of the
hearing. If it fails to do so, that party is not, without the leave of the Panel, allowed
to submit them at the hearing; and

(b) a Club Licensing Disciplinary Matter, a party must provide to the Administrator a copy
of the materials referred to in clause 15.2(b)(i) in accordance with any directions
(including as to timetable) issued by the Panel.

15.5 The materials referred to in clauses 15.2(a)(i) and 15.2(b)(i) supplied to the Administrator by
one (1) party:

(a) subject to clause 15.5(b) immediately below, must be simultaneously supplied, in the
digital form or manner prescribed by the Administrator from time to time, to the
Administrator and the other party or parties; and/or

(b) only if expressly directed by the Administrator, simultaneously in hard copy to:

(i) the Administrator in as many copies as there are members of the Panel with
three (3) additional copies for the Administrator; and

(ii) the other party or parties in as many copies as requested by that party or as
directed by the Administrator.

7 September 2022 18
15.6 There will be only one (1) submission of the materials referred to in clauses 15.2(a)(i) and
15.2(b)(i) by each party, and no further written submissions or evidence may be produced
before or during a hearing without the leave of the Panel.

15.7 Subject to any directions of the Panel (including as to timetable), a party must provide notice
in writing to the Administrator and the other party (or parties) at least two (2) Business Days
prior to the scheduled start of the hearing in respect of:

(a) who will represent it at the hearing, including any legal representative;
(b) any witness or expert who that party intends to present at the hearing together with
at least the subject matter on which the witness or expert will testify (and if an expert,
stating that expert’s area of expertise); and
(c) any person who is reasonably required to assist that party in the proceedings (for
example, an interpreter),
failing which such persons (referred to in clauses 15.7(a) to 15.7(c)), without the leave of the
Panel, must not be allowed to take part in the hearing.

15.8 The Administrator must promptly provide to the Panel:

(a) copies of the materials supplied to it in accordance with clause 15.5; and

(b) the information provided to it in accordance with clause 15.7.

15.9 The Panel may, ex officio or if so determining at the request of one of the parties, refuse to
take submission or evidence that it does not consider relevant, which bears no relation to the
facts asserted or which would otherwise unnecessarily delay the proceedings.

16. HEARING

16.1 In consultation with the Panel, FA may determine the location, the seat and the method or
platform for the conduct of the meeting, which may include physically in FA’s head office in
Sydney, New South Wales, via videoconference, a hybrid of these two, or in any other form
or via any other technology or digital platform that FA considers appropriate or necessary.

16.2 The Panel has the right to determine all procedures to be adopted during the hearing of a
Disciplinary Dispute, Disciplinary Matter or Club Licensing Disciplinary Matter, and may,
during the course of any hearing:

(a) grant or order an adjournment to provide parties with additional time or to consider
additional submission or evidence; or

(b) admit (subject to clause 15.6) or request the production of documents or any relevant
written evidence available to FA, Constituents or any other person, including
declarations from the parties and witnesses, expert opinion and video or audio
recordings.

16.3 Subject to clause 16.2, there will be one (1) hearing during which the Panel hears the parties,
any permitted witnesses and any experts, as well as the parties’ final oral arguments.

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16.4 At a hearing:

(a) a party (or any person referred to in clause 15.7 (subject to that clause)) may attend
in person, by phone, or in any other form or via any other technology or digital
platform that FA considers appropriate or necessary;

(b) a party may be represented by the person in respect of whom notice has been given
in accordance with clause 15.7(a) (subject to clause 15.7);

(c) an entity (such as FA or a Club) may be represented by an officer or employee of

that party; and

(d) any permitted witness or expert that a party intends to call to give evidence in a
hearing must remain outside the hearing room (or otherwise not take part in the
hearing) until called to give evidence.

16.5 The Panel may limit or disallow the appearance of any witness or expert, or any part of their
testimony, on the grounds of irrelevance (if the Panel considers that there are such grounds).

16.6 Unless otherwise directed by a Panel, hearings and deliberations by a Panel must be held
behind closed doors.

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17. RELIEF

17.1 A Judicial Body may impose such disciplinary sanctions as specified in:
(a) article 21.4 of the Constitution, or any other relevant provision as amended from time
to time; and

(b) any applicable FA Statute applying to the Disciplinary Dispute, Disciplinary Matter,
or Club Licensing Disciplinary Matter.

17.2 A Judicial Body may determine the conditions applicable to the disciplinary sanctions
imposed in relation to a Disciplinary Dispute or a Disciplinary Matter, and, in the case of a
Club Licensing Disciplinary Matter, subject to the terms of the National Club Licensing
Regulations, including the terms and time limits for payment in the case of monetary relief.

18. FORM AND CONTENT OF A DETERMINATION

18.1 A Determination must be made in writing and:

(a) contain the names of the Committee Member(s);

(b) briefly provide the reasons on which the Determination is based;

(c) be signed by the Chair or the Deputy Chair (sitting on the Panel as applicable) or
sole Committee Member (as applicable); and
(d) contain the date on which, and the place where, the Determination was made.

18.2 A copy of the written Determination must be promptly provided to the parties as soon as
practicably possible following the Determination being made.

18.3 A Panel may initially announce the Determination only (verbally or in writing), but must
subsequently provide a copy of the written Determination complying with clause 18.1 in
accordance with clause 18.2.

18.4 Each member of the Panel of a Judicial Body has a single vote and where decisions of a
Judicial Body are not unanimous, the decision of the majority will prevail. If there is an
equality of votes, the Chair has the casting vote.

18.5 Unless otherwise specified in a particular regulation or by the body making a determination,
the determination (including where a Determination is announced in accordance with clause
18.3) has immediate effect.

19. COSTS AWARD

19.1 As a general rule, each party must bear its own costs in relation to the initiation or defence
of, or joining, a Disciplinary Dispute, Disciplinary Matter, or a Club Licensing Disciplinary
Matter, including costs of legal representation, experts and witnesses and any travel or
accommodation expenses.

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19.2 A Panel may award costs upon a party for frivolous or vexatious institution, prosecution or
defence of, or joining a Disciplinary Dispute, Disciplinary Matter or Club Licensing
Disciplinary Matter.

20. TERMINATION OF PROCEEDINGS

20.1 Before a Determination is made, an Applicant may elect to terminate the proceedings. The
Applicant must notify the Administrator and the other party in writing and as soon as
practicable.

20.2 If an Applicant withdraws its application for Determination the Panel must issue an order for
termination of the proceedings.

20.3 The Panel must issue an order for termination of any proceedings if the continuation of the
proceedings has for any other reason become unnecessary or impossible in accordance with
clause 20.4 below.

20.4 If, before a Determination is made, the continuation of any proceedings becomes
unnecessary or impossible (subject to this clause 20.4, in the sole and absolute discretion of
the Panel), the Panel must inform the parties of its intention to issue an order for the
termination of the proceedings. The Panel has the power to issue such an order unless a
party raises justifiable grounds for objection.

20.5 A copy of the signed order for termination must be provided to the parties.

21. PUBLICATION AND CONFIDENTIALITY

21.1 FA must keep a central register of all Determinations made by Panels of the Judicial Bodies.

21.2 Subject to clause 21.3, a Determination made by a Panel (including the written
Determination), and submissions, evidence and proceedings must not be made public unless
FA determines otherwise.

21.3 FA may:

(a) report on the outcomes of Determinations of the Judicial Bodies; and

(b) provide to future Panels redacted copies of written Determinations; and

(c) in the case of Club Licensing Disciplinary Matters, disclose the outcomes of the
Determinations to any other person or entity necessary for the efficient and
transparent administration of the National Club Licensing Regulations and the club
licensing framework, which may include but is not limited to, the Asian Football
Confederation, APL or a State Body Member.

21.4 All submissions, evidence and information provided in proceedings of the Judicial Bodies
must be treated in the strictest confidence. The parties and Committee Members must not
use or disclose to any third party any confidential information obtained during the course of
proceedings.

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22. CORRECTION OF A DETERMINATION

22.1 Within thirty (30) days of receipt of a Determination, a party may by written notice to the other
parties and the Administrator, request the Panel to correct in the Determination any errors in
computation, any clerical or typographical errors or any other error of a similar nature. If the
Panel considers the request to be justified, it must make the correction.

22.2 Within thirty (30) days after issuing a written Determination, the Panel may of its own initiative
correct in the written Determination any errors in computation, any clerical or typographical
errors or any other error of a similar nature.

22.3 Any corrections must be in writing and communicated to the parties.

23. HEARINGS OF THE APPEAL COMMITTEE

23.1 Hearings before the Appeal Committee are not de novo. The sole grounds of any appeal to
the Appeal Committee are that:

(a) a party was not afforded a reasonable opportunity to be heard on the issues or merit
and/or sanction;

(b) the Determination was affected by bias;

(c) the Determination was one that was not reasonably open to the appeal committee
or appeal tribunal of the State Body Member or Disciplinary and Ethics Committee
(whichever applies) having regard to the evidence before that Appeal Committee.

23.2 Each member of the Panel of a Judicial Body has a single vote and where decisions of a
Judicial Body are not unanimous, the decision of the majority will prevail. If there is an
equality of votes, the Chair has the casting vote.

23.3 A party wanting to appeal to the Appeal Committee (Appellant) must:

(a) pay any fine the subject of the Determination to FA before the Appeal Committee
conducts the appeal, unless the Appellant can satisfy FA that there are exceptional
and compelling circumstances not to pay the fine;
(b) pay the appeal fee of $2,500; and
(c) lodge an Application Form with the Administrator within seven (7) days after receipt
of the written Determination referred to in clause 8.1(a) or 8.1(b) (subject to clause
23.4), copied to the other party (Appellee). The Application Form must be signed
by the Appellant and contain the following mandatory information (in addition to any
other relevant mandatory information provided for in the Application Form):
(i) the name and contact details of the Appellant and the Appellee;

(ii) specify the grounds of appeal it contends it has to the Appeal Committee as
specified in clause 23.1;

(iii) a statement summarising the alleged facts and any legal arguments;

(iv) a copy of the written Determination being appealed;

7 September 2022 23
 (v) a description of the relief sought; and

(vi) evidence of payment to FA of the appeal fee of $2,500.

23.4 The period for the lodgement of the appeal set out in clause 23.3 will expire at midnight
(Sydney time) on the last day of the period. The Chair of the Appeal Committee may extend
this period in exceptional circumstances.

23.5 If the Administrator receives an Application Form which complies with clause 23.3, the
Administrator must convene the Appeal Committee within twenty one (21) days.

23.6 A party may not rely on evidence that was not before the Disciplinary and Ethics Committee
or the State Body Member appeal committee or appeal tribunal (as the case may be) unless
it is able to establish to the satisfaction of the Appeal Committee that this evidence was not
reasonably available to the party at the time of the hearing before the Disciplinary and Ethics
Committee or the State Body Member appeal committee or appeal tribunal (as the case may
be).

23.7 If the Appeal Committee determines that an Appellant has not established that one or more
of the grounds of appeal set out in clause 23.1 are made out, the Appeal Committee must
dismiss the application for appeal.

23.8 If the Appeal Committee determines that an Appellant has established that one or more of
the grounds of appeal set out in clause 23.1 are made out, the Appeal Committee may:

(a) make a new determination which replaces the original decision; or

(b) quash the determination and refer the matter back to the Panel of the Disciplinary
and Ethics Committee or the State Body Member appeal committee or appeal
tribunal, whichever applies, for determination with such directions as the Appeal
Committee sees fit.

23.9 Written notice of the determination made under clause 23.8 must be promptly provided to
the parties, as soon as practicably possible following the Determination being made.

23.10 The Determination of the Appeal Committee is final and conclusive and binding on the
parties.

23.11 Subject to any directions of the Appeal Committee in accordance with clause 23.8(b), the
provisions of clauses 7 (Composition of the Appeal Committee), 13 (Pre-hearing Procedure),
14 (Challenge of Committee Member), 16 (Hearing), 17 (Relief), 19 (Costs Award), 20
(Termination of Proceedings), 21 (Publication and Confidentiality), 22 (Correction of a
Determination) and 24 (Failure to Respect Determination) with all necessary modifications
apply to all appeals of Determinations.

24. FAILURE TO RESPECT DETERMINATION

24.1 Subject only to the rights of appeal specified in this Judicial Bodies By-Law, a Determination
of a Panel is final and binding on all parties. The parties undertake to carry out the

7 September 2022 24
 Determination without delay.

24.2 A failure to comply with a written Determination within the manner or time as prescribed by
that Determination is a breach of this By-Law and FA may after giving the non-compliant
party an opportunity to show cause, impose sanctions provided in article 21.4 of the
Constitution against the non-compliant party.

24.3 Without limiting the generality of clause 24.2, any party who fails to pay a fine, or comply with
another penalty, in full as required by a Determination may be (without limitation):
(a) sanctioned by FA with a fine for failing to comply with the instructions issued by a
Panel;

(b) given a final time limit by FA in which to settle the debt; and

(c) if it is a Club, sanctioned with a deduction of competition points if it has not paid by
the final time limit.

24.4 If competition points are deducted, they must be proportionate to the amount owed.

25. NO RECOURSE TO COURTS

25.1 The determination of a Disciplinary Dispute and Disciplinary Matter made in accordance with
this Judicial Bodies By-Law will be final and binding on the parties and neither FA nor a Club
or a Player, nor any other Constituent may institute or maintain proceedings in any court of
law or tribunal.

25.2 Without limiting the generality of clause 25.1 and for further assurance notwithstanding that
such provisions have no applicability, there will be no right of appeal under sections 34
(Application for setting aside as exclusive recourse against arbitral award) or 34A (Appeals
against awards), and no right to apply for the determination of a question of law under section
27J (Determination of preliminary point of law by the Court) of the Commercial Arbitration
Act 2010 (NSW) or equivalent or similar legislation in any of the Australian states or territories
or Commonwealth.

26. APPLICABLE LAW

The law as applicable in New South Wales must be applied to a Disciplinary Dispute,
Disciplinary Matter, Club Licensing Disciplinary Matter, or State Body Member Appeal
determined in accordance with this Judicial Bodies By-Law.

27. FA AND COMMITTEE MEMBER IMMUNITY

27.1 The parties, and their respective witnesses and experts and all other persons taking part in
any proceedings relating to a Disciplinary Dispute, a Disciplinary Matter or a State Body
Member Appeal, agree to not institute or maintain any proceedings, or bring any claim of any
nature whatsoever against FA, Judicial Bodies or a Committee Member (past or present), in
respect of any act or omission during the course of any proceedings in relation to a

7 September 2022 25
 Disciplinary Dispute, Disciplinary Matter or State Body Member Appeal, or arising out of any
Determination or Determination on appeal or findings made or otherwise.

27.2 Each party and their respective witnesses and experts and all other persons taking part in
any proceedings relating to a Disciplinary Dispute, Disciplinary Matter or State Body Member
Appeal (Indemnifiers) indemnify FA, the Judicial Bodies and Committee Members (past or
present) (Indemnified Persons) in relation to any loss or damage of any nature whatsoever
sustained by the Indemnified Persons as a result of any proceedings or claim of any nature
whatsoever brought against the Indemnified Persons by any related party of that Indemnifier.

27.3 All witnesses and experts of parties and all other persons taking part in any proceedings
relating to a Disciplinary Dispute, Disciplinary Matter or State Body Member Appeal agree to
be bound by this Judicial Bodies By-Law.

28. SUBSTANTIAL COMPLIANCE

No proceedings before a Judicial Body in relation to a Disciplinary Dispute, Disciplinary

Matter or State Body Member Appeal will be invalidated for any defect whether of substance
or of form in any notice or report or by reason of non-compliance with any term of this Judicial
Bodies By-Law, unless the Chair of the relevant Judicial Body so determines.

29. NOTICE

29.1 A party notifying or giving notice under this Judicial Bodies By-Law must do so writing and in
English.

29.2 A notice will be taken to have been received:

(a) if delivered by hand to the recipient’s address, on the date of delivery, as long as
delivery is acknowledged in writing by the recipient;

(b) if sent by post, three (3) days after the posting; and

(c) if sent by email or facsimile on a working day at the recipient’s, on the date of
transmission, or if sent on a non-working day at the recipient’s, on the next working
day (in both cases as long as the sender’s email or facsimile machine records a
successful transmission).

29.3 Unless otherwise specified, all notices must be received by close of business on a working
day at the location of the recipient.

29.4 In relation to a Player, notice will be taken to have been received by a Player in accordance
with clause 29.2, if the notice was delivered to his or her Club in accordance with clause
29.2.

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Annexure A – Application Form

7 September 2022 27