Arlene Ooi v Ice Hockey WA (with Ice Hockey Australia)

The Appellant is a member and official of the Respondent, Ice Hockey WA (IHWA). The Appellant also serves as a coach of an affiliate club registered with IHWA..

Ice Hockey Australia (IHA) filed an application to refer the Appellant’s appeal to the National Sports Tribunal (NST). 

These proceedings arise from an appeal of a decision of a Hearings Tribunal convened by IHWA, which found that the Appellant had breached IHWA’s Coaches and Managers Code of Conduct (Coaches Code of Conduct), the Members Code of Behaviour and Ethics (Code of Behaviour), and the Social Media Policy.

A central issue before the NST Members (the Panel) concerned the IHWA Tribunal’s conclusion that video evidence was not permissible unless all parties agreed. The Panel found this approach procedurally unfair to the Appellant, as IHWA did not identify any process by which such agreement was sought (or refused), nor did it identify the other parties whose agreement was required. In effect, IHWA was both the party empowered to agree to the admission of new evidence and the decision-maker on whether to admit such evidence, as well as the ultimate decision-maker on the substantive appeal. Counsel for IHWA appropriately conceded during the NST hearing that, as IHWA was itself the “other party” and the decision-maker, the process was unfair to the Appellant.

The Panel held in their Determination that in relation to Incident One, that the decision of the IHWA Tribunal be set aside; and, in relation to Incident Two, the decision is also set aside and replaced with alternative conditions.

The Panel noted that it remains open to IHWA to consider whether it is appropriate to convene a further tribunal hearing to determine the allegations raised against the Appellant.

The Panel further recommended that IHA, like any national sporting organisation intending its national‑level policies to be implemented at the State level, give detailed consideration to the wording of the National Integrity Framework (NIF), the Complaint, Dispute and Discipline Policy (CDDP), and any other relevant policies. This is to ensure that the policies operate as intended within the specific context of the sport of ice hockey.