About the Disciplinary & Grievance Process
The Football West Disciplinary and Grievance Tribunal (Tribunal) has the jurisdiction to determine disputes, complaints or grievances that are referred to it.
On receipt of a misconduct report or evidence of team or club misconduct, Football West will issue an infringement notice to the club concerned.
The Tribunal may also hear Grievances which arise between two parties.
If a matter is, in the opinion of Football West, of such a nature that is so warranted, then it may refer that matter directly to the Tribunal.
A club disputing an infringement notice may request that the matter be dealt with by the Tribunal.
The Tribunal will normally hear matters on one evening per week but may sit more frequently should the need arise.
Disciplinary & Grievance Tribunal
While Football West provides the administrative support for the functioning of the Tribunal, the Tribunal is independent and separate from Football West.
The Tribunal comprises up to 3 members chosen for their abilities and experience.
The Tribunal will consider matters referred to it and decide the outcome following the presentation of evidence. Should the Tribunal find a party guilty of an offence, it has the power to issue a sanction against that party.
The Tribunal must have regard to Article 28 of Football Federation Australia's Statutes (FFA Statutes) when imposing any sanction. FFA Statutes may be found under the Applicable Legislation tab.
The Football West Appeals Tribunal (Appeals Tribunal) has the jurisdiction to determine appeals from the decisions of the Disciplinary and Grievance Tribunal.
Appeals may be made to the Appeals Tribunal by Football West, Clubs affiliated to Football West or by individuals.
The Tribunal is comprised of 3 members chosen for their abilities and experience. A Tribunal member will not be appointed to an Appeals Tribunal hearing if he or she has previously been involved in a matter at the Disciplinary & Grievance Tribunal level.
The Disciplinary & Grievance By-Law requires:
•that the Chair of the Disciplinary & Grievance Tribunal or Appeals Tribunal is a lawyer; and
•each member of the Disciplinary & Grievance Tribunal or Appeals Tribunal is to be independent of Football West and of any official role of a Club affiliated to Football West or FFA.
Each member of the Disciplinary & Grievance Tribunal and Appeals Tribunal must:
•perform their responsibilities independently and free from influence external to proceedings;
•have a respect for the law and a knowledge of legislation and regulations relevant to Football; and
•act fairly, courteously and without bias, and be sensitive to the needs of persons at a hearing.
A member of the Tribunal must apply to become a member of the Tribunal each calendar year and must declare on the relevant application form that he or she has no affiliation with any Club or with Football West.
Procedures at the Disciplinary & Grievance Tribunal
The Tribunal functions in a similar manner to a court of law except that its processes are more flexible and less formal.
The length of each hearing will depend on the complexity of its issues. It is the responsibility of the parties or their representatives (where appropriate) to prepare and present their respective cases.
Football West staff will be able to advise parties about the Tribunal's processes and procedures, but the Tribunal itself and its members are independent of Football West.
It is not a function of Football West staff to provide the parties with legal advice or to advise parties on how they should run their case.
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