Motorcycling Australia v Peter Campain

By mutual agreement, the Parties agreed for the NST Member to administer a de novo arbitration as to whether the Respondent, Peter Campain, breached the Constitution and relevant policies of the Applicant, Motorcycling Australia, through publishing, or causing to be published, a number of social media posts.

The social media posts concerned the contents of a confidential agreement between Motorcycling Western Australia, of which the Respondent was President of at the time of the social media posts, and Motorcycling Australia.

It was not disputed that the Respondent made the relevant posts to social media.

The Applicant sought the NST Member find the Applicant in-breach of its Social Media Policy and Constitution, and for him to be:

• issued with a reprimand;
• tasked with apologising to the Applicant and Motorcycling Western Australia;  
• barred from holding a Motorcycling Australia membership for three years, with two years suspended, subject to the Respondent agreeing to enter into a good behaviour agreement and private deed of release with the Applicant; and
• mandated to complete the Australian Sports Commission Director’s Course.

The Respondent sought that the allegations made by the Applicant, and its outcomes sought, be dismissed.

The NST Member found that the Respondent, by making such social media posts, breached the Applicant’s Social Media Policy, and consequently its Constitution. However, considering the Constitution’s guiding principles on penalty, the NST Member held that the Respondent’s membership or licence with Motorcycling Australia be suspended for 6 months, less time already served.