McClusky v Triathlon Australia

Commonwealth Games First Instance Selection Appeal.

Matter number:
Date of decision:
Dispute type:
Selection and eligibility dispute
Dispute resolution method:

The Applicant was eligible, but was not nominated, for selection by Triathlon Australia as a team member for the 2022 Commonwealth Games. The Applicant appealed his non-nomination on three grounds. Specifically, the Applicant claimed that the Nomination Policy was not properly applied by Triathlon Australia, that there was no material basis on which Triathlon Australia’s decision could reasonably be based and that he was not afforded a reasonable opportunity by Triathlon Australia to satisfy the nomination criteria in the Nomination Policy. The Tribunal made some observations about the “reasons” provided by Triathlon Australia for the Applicant’s non-nomination and determined that the decision of Triathlon Australia was upheld. The Application was dismissed.