Gaske v Motorcycling WA (with Motorcycling Australia)
The Applicant, a director and member of Motorcycling WA, made a complaint to the National Sporting Body (Motorcycling Australia) regarding the actions taken by the President and Board of Motorcycling WA in suspending him from the Board. The Board of Motorcycling WA had suspended the Applicant for conduct they say was in breach of the Motorcycling WA Constitution, and his duties, responsibilities and obligations as a director and member of Motorcycling WA. The Applicant submitted that his conduct was reasonable, and the Board of Motorcycling Australia, and its President in particular, had no basis for suspending him as they did. Motorcycling Australia referred the dispute to the National Sports Tribunal for arbitration.
Although the Application was in relation to the action taken by the Board of Motorcycling MWA, it was necessary to consider the conduct of the Applicant that gave rise to his purported suspension. Accordingly, the Tribunal determined whether the Applicant had breached certain constituent documents, whether he had acted in a manner unbecoming of a director and a member, and whether he had brought himself or Motorcycling WA into disrepute. The Tribunal also determined whether Motorcycling WA had afforded the Applicant procedural fairness when managing the conduct they say warranted the suspension.
The Tribunal determined that, although it was not established that he had done so in pursuit of personal interests, the Applicant had contravened his obligations, had acted in a manner that was prejudicial to Motorcycling WA and had brought himself and Motorcycling WA into disrepute. A period of suspension as a member was imposed.