The Applicant, a professional athlete (the Athlete) was not selected to represent Australia at an International Competition by the Respondent, National Sporting Organisation (NSO). Pursuant to the NSO’s National Selection Policy (Selection Policy), the appeal was referred to the National Sports Tribunal (NST) on 3 July 2024. A selected athlete was identified as an Interested Party and joined the proceedings.
The Athlete appealed their non-selection on the ground that the NSO Selection Panel (Panel) had not properly applied the Selection Policy. The matter was heard by a sole Member of the NST General Division on 12 July 2024.
The Athlete submitted that the Panel failed to adequately consider their merits against the primary and essential selection criteria, namely the stated objectives of the Selection Policy. They relied on a number of competition results and provided multiple statements attesting to their greater future potential, consistent with the objectives.
In response, the NSO submitted that the Panel had properly applied the Selection Policy, taking into account its overarching objectives. Each Panel member had reviewed performance data, raised and discussed questions or concerns about each athlete, and then independently identified the athletes they considered most suitable for selection at the competition. In all, the NSO maintained there were 'cogent reasons' for selecting the Interested Party over the Athlete.
On 13 July 2024, the Tribunal delivered its determination, with written reasons issued on 16 July 2024. It found that none of the material relied upon by the Athlete demonstrated that the Panel had failed to properly apply the Selection Policy.
The NST found that the ground of appeal was not made out. The appeal was therefore dismissed.