In this policy, personal information and sensitive information have the meaning given to these terms in the Privacy Act.
When you deal with us for a particular purpose, you will be given a notice which details how we will handle your personal information.
How do we collect and hold personal information?
Collection of personal information
The Tribunal is established under the National Sports Tribunal Act 2019 (Cth) (NST Act) to provide an effective, efficient, independent, transparent and specialist tribunal for the fair hearing and resolution of sporting disputes.
We only collect personal information where it is reasonably necessary for, or directly related to, our functions or activities. This includes:
- dealing with applications and appeals under the NST Act for resolution of sporting disputes, including by way of arbitration or an alternative dispute resolution process
- managing enquiries, complaints and freedom of information and privacy requests
- informing the public about Tribunal determinations and other developments through our alert services
- managing employment and personnel matters, particularly in relation to our members, staff and contractors
- facilitating the general administration of the Tribunal.
We will only collect your sensitive information with your consent, unless:
- required or authorised by or under the NST Act or another Australian law
- the collection is otherwise permitted under the Privacy Act, for example, where a permitted general situation exists (eg to lessen or prevent a serious threat to life, health or safety).
We might collect, store and use your personal information if you are:
- a party, or representative of a party, to an application under the NST Act
- a witness or prospective witness, or a person referred to in documents lodged with the Tribunal or in oral evidence given to us
- a Tribunal member, a Tribunal staff member, a contractor providing services to the Tribunal or an applicant for employment with the Tribunal
- a person who contacts us to make a complaint or request, or otherwise provides information to, or seeks information from, us.
We mainly collect personal information directly from you, or if you are a party to a dispute, from your representative. However, we may also collect personal information from other individuals and organisations, including sporting bodies, where this is:
- required or authorised by or under the NST Act or another Australian law
- it is impractical or unreasonable to collect it from you.
The kinds of information we collect and hold
The kinds of personal information we collect and hold will depend on the function or activity being undertaken. Examples of personal information we collect and hold include:
- contact information: e.g. name, email, address, phone number
- biographical details: e.g. dates of birth, gender
- information about your involvement and history in a particular sport or sporting association or both.
- information about your personal circumstances: e.g. employment, education or financial circumstances and history.
Examples of sensitive information we may collect and hold, depending on the circumstances, include:
- information about your racial or ethnic origin
- information about your political opinions or membership of a political association
- information about your religious beliefs or affiliations
- information about your sexual orientation or practices
- information about your membership of a professional or trade association or union
- information about your physical and mental health, for example, relating to your compliance with anti-doping policies.
Can you deal with us anonymously or using a pseudonym?
It will not generally be possible to deal with the Tribunal anonymously or while using a pseudonym as the Tribunal cannot resolve a dispute without knowledge of the identities of all the parties involved.
In some limited cases, individuals can deal with the Tribunal anonymously (e.g. general enquiries), or by using a pseudonym.
How do we use and disclose personal information?
We will use and disclose your personal information for the particular purpose for which it was collected. In general, we do not use or disclose your personal information for another purpose unless:
- you expressly or impliedly consent
- you would reasonably expect us to use or disclose the information for the other purpose and it is either related, or directly related (in the case of sensitive information), to the purpose for which the information was collected (eg to conduct user satisfaction surveys)
- we are required or authorised by or under the NST Act or another Australian law (eg where the Tribunal determines a person has breached a disciplinary rule of a sporting body relating to the protection or safety of child participants)
- a permitted general situation exists as defined in the Privacy Act (eg to lessen or prevent a serious threat to life, health or safety)
- we reasonably believe that the use or disclosure is reasonably necessary for enforcement related activities conducted by, or on behalf of, an enforcement body (eg ASADA or from 1 July 2020, Sport Integrity Australia).
Use or disclosure of personal information about a party to a dispute
In general, personal information we collect and hold relating to a particular dispute will be disclosed to all parties and their representatives.
We may also give personal information to individuals or organisations who help us to carry out a review, including:
- providers of interpreting services and recording and transcription services, and
- individuals or organisations from whom we request information or an opinion during the review.
We may publish a list of disputes for conference or hearing on our website daily. Access to other information about a dispute will not be granted to a non-party such as the media or the public without the parties’ agreement.
Confidentiality and recording of proceedings before the Tribunal
Arbitrations before the Tribunal will generally be held in private, although the Tribunal may give directions relating to who may attend a hearing.
Parties may apply to the Tribunal for an order that information be treated confidentially, or be prohibited from publication or disclosure.
The Tribunal may direct the production of a transcript. Unless ordered by the Tribunal recording, photography and transcription of any hearing is not allowed.
Mediations, conciliations and case appraisals conducted by the Tribunal will be held in private. No record or transcript of the proceeding will be made.
Publication of Tribunal determinations
When the Tribunal makes a decision on a dispute, it will set out the reasons for its decision in writing (the determination). Only some determinations will be published:
- General and non-anti-doping Appeal division determinations:
- with the parties’ consent
- where the determination has significant precedential value
- All anti-doping determinations where:
- the Tribunal finds that an anti-doping rule violation has been committed,
- the Tribunal finds that an anti-doping rule violation has not been committed and the athlete or support person agrees to publication.
Precedential General Division determinations will be published regardless of the consent of the parties. However, an opportunity to make submissions about redaction of the Tribunal’s reasons will be provided before publication. A summary of each General Division and non-anti-doping Appeal determination will be published, which will be generally be de-identified.
In anti-doping matters, a pseudonym can be applied to protect the identity of a witness, not a party to the dispute. The Tribunal is not required to publish a determination where the person who committed the anti-doping rule violation is a minor or under a legal incapacity. A case summary may be published regardless of the parties’ agreement, and will be de-identified where possible.
All published determinations and summaries are available at www.nationalsportstribunal.gov.au/decisions
Will we send your personal information overseas?
Ordinarily, we will not send your personal information to an overseas recipient. We will only send your personal information overseas:
- if it is necessary for the resolution of a dispute. For example, if a party (such as an international sporting federation), representative or witness to your dispute is located overseas
- as required or permitted under the World Anti-Doping Code, International Standards or any other anti-doping rules or requirements.
Disclosure under the Freedom of Information Act
Under the Freedom of Information Act 1982 (Cth) (FOI Act), the Tribunal has obligations to disclose information when it is properly requested. Responding to a request under the FOI Act in some limited circumstances require the Tribunal to disclose your personal information to the person making the request. Whether or not your personal information is exempt from disclosure will depend on the specific circumstances of your case.
For more information, see the FOI Act.
How do we store personal information?
We may store your personal information securely in electronic databases, emails and/or on hard copy files. Access is restricted to the Members and staff that require access to the information in order to perform their duties.
We otherwise use a range of physical and electronic security measures to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure.
If we become aware of a data breach or possible data breach, we will take action in accordance with our data breach response plan. We will notify the Australian Information Commissioner and affected individuals of any data breaches which meet the criteria for an ‘eligible data breach’ as required by the Notifiable Data Breaches scheme (established under Part IIIC of the Act).
How do you access and correct your personal information?
You have a right to request access to your personal information or to request its correction if it is inaccurate, out of date, incomplete, irrelevant or misleading.
You can request access to or correction of your personal information by writing to the Tribunal. You must specify the information you seek to access or correct, as well as your contact details (an email or mailing address). Before providing access to or correcting your personal information, we may require you to verify your identity.
You can also seek access or amendment of your personal information under the FOI Act. If it is more appropriate to process your request under the FOI Act, we will let you know.
Your request will be dealt with within 30 days without any cost to you. We will give you written reasons for any refusal to provide access to and/or correct information. Where we refuse to correct your personal information we will, on request, take reasonable steps to record a statement on our files that you have a contrary view.
We note that it is generally not possible to make changes to a Tribunal determination or associate a statement once a determination has been finalised.
If you are unhappy with the response we provide, you may make a formal application for access or correction of personal information under the Privacy Act.
How do you make a complaint about our privacy practices?
If you have a complaint about our privacy practices, you should submit a written complaint using the contact details set out in this policy. We will respond to your complaint within 30 days.
If you are not satisfied with our response, you may make a written complaint to the Information Commissioner setting out the details of the practices which you think interfere with your privacy. The Information Commissioner will generally expect you to complain to the Tribunal first, and will likely refer your complaint to us if you have not done so already.
For more information, see the Office of the Australian Information Commissioner’s website or telephone 1300 363 992 (local call charge).
To find out more about how we manage personal information you can contact our Privacy officer during business hours at:
Telephone: (02) 6289 3877