WA Appeal Suspension from Football?

[Michael72]

I have emailed the junior delegate to obtain clarification. She has responded just now that she will obtain clarification from the author. Until I get a response from her about what I can do I will not play, spectate or officiate any community match junior or senior.

I agree totally that this is a tactic to bully me into submission and accept the suspension. To refer it to their parent body to make the decision to grant an appeal and then set a tribunal date is also a tactic to deny me any involvement in football. Another way to bully me into submission and deny me natural justice. I'll hold to what I know to be right and hope the appeal process is less tedious than the response to obtain the right to apply for an appeal. Here is hoping.

 

[Michael72]

They came back advising I could watch but I was not to enter the arena. The arena was initially defined as the playing surface but after reading the bylaws the arena is the entire area to the perimeter fence. Based on this definition it seems there is no football at all until the appeal.

 

[Tim W]

Ya know, by the time this is over, your four weeks will be nearly up anyway.

 

[Michael72]

The suspension finished over the weekend but as I have an appeal in process it now takes precedence so the suspension continues until after the appeal has been heard as per the bylaws. If the appeal is not completed by the weekend I will serve a five match spectator ban which is not an issue however if I fail to have an appeal within the fortnight it could be a six match suspension from the juniors and a nine week suspension from my own playing fixtures. Very disappointing based on an administrative error not allowing me natural justice.

 

[Michael72]

No appeal. The GNJFL has referred the decision to award the appeal to MGMRFDC their parent body and the parent body has denied the appeal. They cited my letter as acceptance of the decision. On top of that the Commissioner defamed me by stating the penalty was too lenient. All this based on a decision made by the P&D Committee without my right to a defence. As I was denied the appeal they will not supply the report documents outlining the incident. They are hiding this document. An appeal highlights a procedure of you are guilty without trial and they give you no chance to defend yourself. Absolute kangaroo justice. Is there any chance the law can be used to sequester that document. This report is the issue. That document outlines who reported me, why was I reported and what are the circumstances surrounding the incident.

 

[Michael72]

I want my chance to face my accusers. I have never been suspended as a player. I have umpired more than 50 games and I have been reported for something I know I did not do. This is my reputation as a football person. Help.

 

[Michael72]

News today that the by-laws will be followed to the letter and the GNJFL will not release the report and don't have to. They can hide behind the by-laws to deny me natural justice.

But, today the GNJFL have bypassed the by-laws to allow 3 players from the Brigades JFC to play in the final tomorrow though they have not played the pre-requisite number of games to be eligible. Special conditions because the club has injuries and will not have the numbers.

Instead of standing by the by-laws they bypass them and request the club delegates decide. The by-laws do not allow for this special consideration but the GNJFL have pushed for the vote contrary to the by-laws.

Now do I have a case for discrimination or do I request the GNJFL allow the delegate members to vote on whether I get the contents of the report. No I believe I have been discriminated by the GNJFL. Do I have grounds to sue the GNJFL?

 

[Michael72]

I have taken this to the governing body the WAFC who again hold that the league is correct in following their process not reviewing how this got started but how they managed after the P&D Committee suspended. Though they have dodged their processes in other matters. I want the details of the complaint that led to my suspension, how do I legally make the league give me the details as FOI is not an option?

 

[Michael72]

Hi Michael72,

Yes, it sounds like they are a private institution (or non-for-profit). It does not seem like they are a state institution. You should follow the internal dispute resolution system (do they have an appeal)? If you don't like their rules/decisions, you could leave. However, the law can't really help you.

Sarah J, how about privacy laws and the AFL privacy policy. The privacy policy allows a person to obtain information on themselves from affiliate leagues. The complaint should be on my file as it is the grounds for my suspension which affected me as a player as well as a spectator. Once I obtain the complaint surely then I can then challenge its veracity in court.