Bowls Australia Player Selection Policy

Bowls Australia Player Selection Policy PDF

POLICY TITLE:         PLAYER SELECTION POLICY
POLICY CLASS:        HIGH PERFORMANCE
BOWLS AUSTRALIA INC (“BA”)

1.                  PHILOSOPHY

(a)        The objective of the BA Selection Policy (“Policy”) is to ensure the best possible squads, teams and players are selected to achieve maximum success when representing Australia. The Policy applies to players.

(b)        This Policy remains in force until amended or revoked by BA.

2.         INTERPRETATION

(a)        Unless the context otherwise requires, terms used in this Policy shall have the same meaning as in BA’s Constitution and/or Regulations.

(b)        No particular selection criterion shall be weighted more or less significantly by reason only of the order in which that criterion appears in this Policy.

(c)        BA is an equal opportunity employer.

3.         SELECTION

(a)        National Selectors

BA Board shall appoint (in consultation with the CEO and national coach), in its sole discretion, a panel of up to five but no less than three National Selectors ("Selectors") on the basis of previous national or international experience or involvement in BA competitions. Where any of the Selectors becomes or is unable to meet his/her responsibilities under this policy, BA will appoint a replacement Selector. No member of the BA Board, Council, national assistant coach, national team manager or state selection committee shall act as a selector.

(b)        Player Eligibility

In order to be eligible to be selected to represent Australia in any World Bowls sanctioned international event (including all international events and all other events) players must:

(i)         be an Australian citizen;

(ii)        be a current Bowls Australia individual member;

Selection criteria (“Criteria”) include the following:

(i)         satisfaction of, or the ability within the relevant time period to satisfy, the applicable eligibility criteria in respect of the squad, team, event or other activity under consideration;

(ii)        consistency in standards of behaviour conducive to supporting the goals of the team and overall objectives of BA;

(iii)       demonstrated and/or potential ability and attitude to work with BA high performance coaching staff, team officials and other competitors;

(iv)       current and previous national and international performances in events and over such periods as determined by the Selectors;

(v)        demonstrated and/or potential ability to adapt to the format of play and environmental conditions for the next benchmark event;

(vi)       current Australian or international ranking (if any);

(vii)      the player's current level of skill and physical fitness;

(viii)      any current or potential injury or condition which will impair, inhibit or prevent the player's performance to the requisite level;

(ix)       any other factor considered relevant in the circumstances. In considering the Criteria the Selectors may in their discretion give weight to extenuating circumstances.

(d)        Notification to players

(i)         This Policy shall be available to all individual members of BA. The State and Territory Associations shall make the Policy available to individual members upon request.

(ii)        Any change in the Criteria or this Policy shall be notified to the State and Territory Associations in accordance with the BA Constitution.

(iii)       BA shall have no general responsibility to give notice of this Policy or Criteria to individual persons, other than in accordance with this Policy, however BA may do so in its sole discretion.

(e)        Player Selection Procedure

(i)         Players shall complete and submit an Application for Consideration for Selection as per annexure A.

(ii)        The Selectors shall select such squads, teams or individuals as may be required, in accordance with such national or international time or other constraints or requirements as are required or appropriate.

(iii)       The Selectors shall have total discretion in selection and may have regard to any one or more of the Criteria in any selection process.

(iv)       A decision of Selectors is required based on the national coach’s objectives and philosophy. Subject to this Policy, the decision of the Selectors shall be final. No reasons need be given for any selection or other decision of the Selectors. This shall not prevent, limit or restrict the Selectors changing the selection of any squad, team, individual or official at any time in their sole discretion, having regard to all the circumstances.

(v)        The Selectors may from time to time in their discretion select a competitor who is not otherwise under consideration. This may occur in circumstances such as illness, newly obtained citizenship or otherwise.

(vi)       Unless expressly requested by the Selectors, players have no right to make submissions or representations to, or appear before, the Selectors. Any right or claim to natural justice in this regard is expressly excluded, such right being preserved in the appeal process under clause 4.

(vii)      Selected teams and/or players will be notified to the BA Board.

(f)         Player Notification to Relevant Parties

(i)         Subject to any constraints imposed upon BA by third parties, individuals selected by the Selectors (“Selected Parties”) shall be notified of their selection and/or non selection as soon as practicable after their individual selection or finalisation of the relevant squad or team or individual or official position.

(ii)        Notification will be made by the BA Chief Executive Officer or any other BA officer nominated by BA. Public notification of the Selected Parties will be made by BA only after all Selected and non selected Parties have been notified that they have been selected.

(iii)       Notification of the Selected Parties shall also be given to relevant parties within BA in accordance with the provisions of the BA Constitution. Following notification of the Selected Parties by BA, BA will make a public announcement of the relevant Selected Parties.

(g)        Player removal from a selected squad or team

Any player who:

(i)         breaches or fails to observe this Policy, the BA Constitution or the                                      Regulations;

(ii)        by reason of illness or injury is unable to perform to the required standard in the opinion of the Selectors (after having received advice from a    medical practitioner);

(iii)       breaches or fails to fulfill a requirement of the BA Anti-Doping Policy;

(iv)       breaches or fails to comply, fulfill and observe the requirements in the BA national team/squad agreement or any BA player agreement;

is ineligible for selection to or continued membership of the relevant squad or team as the case may be. Any Selected Party may be removed from a national team or squad by the Selectors in consultation with relevant coaching staff as the circumstances may require including where the competitor has failed to sustain his or her performance and attitude to a satisfactory level, provided that the required performance levels had first been discussed with the participant and the participant had been given the opportunity to attain those performance levels.

4.         APPEAL

(a)        Appeal

An aggrieved person may appeal against a failure of the Selectors to comply with the procedures set down in this Policy. An appeal may only be made on procedural grounds not on the merits of a particular selection decision. Any appeal under this clause will proceed in accordance with this clause.

(b)        Procedure for Appeal

(i)         Any appeal against a decision of the Selectors must be made within 7 days of any public announcement under clause 3(f)(ii).

(ii)        The appeal must be lodged in writing with the BA Chief Executive Officer setting out:

A. the decision of the Selectors in question;

B. the ground on which the appeal is made; and

C. the reasons or circumstances supporting the alleged ground of appeal;

and must be accompanied by a non refundable appeal fee of $100.

(iii)       Nothing in this Policy prevents the withdrawal of an appeal at any time in writing.

(iv)       On receipt of an appeal in accordance with this Policy, the BA Chief Executive Officer must immediately forward the appeal documents to the Selection Review Panel.

(i)                  The Selection Review Panel shall be constituted by any three persons available to hear the appeal and who are appointed by the BA Board to such role. The Selection Review Panel must include a person who is legally qualified who will chair the panel.

(ii)        No member of the Selection Review Panel may be a party to or directly interested in the matter under consideration.

(d)        Functions of the Selection Review Panel

The Selection Review Panel has no power of selection or re-selection. The Selection Review Panel may review the matter set out in the appeal and may (if appropriate) refer the matter back to the Selectors for consideration.

(e)        Procedures for the Selection Review Panel

(i)         On receipt of the appeal papers, the chairman of the Selection Review Panel shall immediately notify his fellow Panel members of the appeal, and shall forward copies of the relevant appeal papers to his fellow Panel members as a matter of urgency.

(ii)        The Selection Review Panel shall, as soon as practical, investigate and consider the matter and shall within 7 days of receiving such notice, determine whether:

A.         the matter should be dismissed, because in its determination, the matter is trifling in nature or has no merit; or

B.         the appeal warrants further review and determination in accordance with this Policy.

(iii)       If the Selection Review Panel determines the matter warrants further review under clause 4(e)(ii)B, it shall as soon as practicable, having regard to the timing of selection and proximity of relevant events, serve a notice in writing on the aggrieved party:

A.         stating that the aggrieved party may address the Selection Review Panel at a meeting to be held as soon as practicable, being not earlier than four days from the date of the notice;

B.         stating the date, place and time of that meeting; and

C.        informing the aggrieved person that he or she may do any one or more of the following:

(1)        attend that meeting (personally or by his or her representative, not being legally trained or qualified); or

(2)        give the Selection Review Panel, no later than 24 hours before the time of that meeting, a further written statement setting out relevant information surrounding the appeal.

D.        The Selection Review Panel may conduct a meeting convened in accordance with clause 4(e)(iii)A (or any adjournment thereof) in such manner as it sees fit, but shall:

(1)        give to the aggrieved party and the Selectors every opportunity to be heard;

(2)        give due consideration to any written statement by the aggrieved person;

(3)        allow the aggrieved person to be present along with his or her adult representative (not being legally trained or qualified); and may

(4)        request or require the aggrieved person or any other witness to attend the meeting or provide such evidence as is available.

F.         The Selection Review Panel shall notify the BA Chief Executive Officer of its finding as soon as practicable.

G.        If the Selection Review Panel considers the grounds alleged by the aggrieved person to be satisfied, it shall recommend that the Selectors again consider the selection of the relevant squad, team or individual.

H.         The Selectors (or the Board) shall comply with any direction of the Selection Review Panel in this regard.

I.          Any further selection decision of the Selectors under the direction of the Selection Review Panel shall be final, and no other further appeal shall be available to the aggrieved person in respect of that selection.

(i) Any Appeal from a decision of the Tribunal must be solely and exclusively resolved by CAS according to the Code of Sports-Related Arbitration and applying the law of Victoria.

(ii) The decision of CAS will be final and binding on the parties and it is agreed that neither party will institute or maintain proceedings in any Court or Tribunal other than CAS.

(iii) The sole grounds of any Appeal against the decision of the review panel are:

(A) there has been a breach of the rules of national justice by the panel; or

(B) that the decision of the panel is otherwise wrong in law.

(iv) An Athlete wishing to Appeal to CAS against the decision of the panel must give written notice of that fact to the CEO of Bowls Australia within 48 hours of the announcement of the decision against which the Appeal is made, and must then file his or her Statement of Appeal with CAS within 5 working days of that written notification.  Failure to observe these time limits will render any Appeal annullity provided that an Athlete may apply to the body that will hear the Appeal in question for an extension of time in which to commence an Appeal.  The body to hear the Appeal in question may grant such an extension of time only in extenuating circumstances outside the control of the Athlete concerned.

(v) All Appeals to CAS will be heard by a Panel constituted subject to Rule 50 of the Code of Sports-Related Arbitration.

(vi) The power of the CAS Panel to review the facts and law pursuant to Rule 57 of the Code of Sports-Related Arbitration will be initially limited to determining whether the Appellant has made out one or more of the grounds of Appeal pursuant to By-Law 7.12(3).  If the CAS Panel determines in favour of the Appellant, the hearing will only then proceed to a hearing De Novo confined to a hearing as to whether one or more of the grounds of Appeal pursuant to By-Law 7.7 have been established.

(vii) If CAS determines that the ground(s) alleged by the Appellant have been established then CAS shall refer the matter back to The Selectors for reconsideration.

RELEVANT POLICIES:

·         Disciplinary regulations

·         Team agreements

·         Anti doping policy

·         Code of conduct

·         Smoke free policy

·         Betting and match fixing policy

RESPONSIBLE OFFICERS:

·         National coach

·         Chief executive officer

AUTHORITY

·         Bowls Australia board

APPROVED BY THE BA BOARD:

·         April 1, 2011 

NEXT REVIEW DATE:

·         April 2012

Bowls Australia Player Selection Policy PDF