NRL Judiciary Code of Procedure Policy Statement No 1 of 2012

NRL Judiciary Code of Procedure Policy Statement No 1 of 2012 This Policy Statement is issued on behalf, and at the direction, of the Board pursuant to Rule 4 of the NRL Judiciary Code of Procedure (“the Code”). The Board is of the opinion that it is desirable to do so in order to promote the objects set forth in Rule 2 of the Code. In issuing this Policy Statement, the Board has proceeded with due respect for the necessity to preserve the independence of the Judiciary and the NRL Appeals Committee. Shoulder Charges 1. Some time ago, the Australian Rugby League Commission (“ARLC”) commissioned a comprehensive review with respect to shoulder charges. Those responsible for conducting that review are required to examine whether this form of defence should continue to be permitted under the Laws of the Game. To that end, a significant body of medical and other evidence concerning the issue is being examined and, ultimately, a report will be furnished to both the ARLC and the Board regarding the matter. 2. In the meantime the Board is concerned to remind all players, Clubs and Club Officials that the making of a shoulder charge is a potentially dangerous practice with a real risk of serious injury to the attacking player. This is principally because the margin for error in execution on the part of the defender is slim. Indeed, even a perfectly executed shoulder charge can still “go wrong” if the attacking player steps or swerves at the last moment before contact. 3. The Code makes it clear that if, in any such case, the contact resulting from a shoulder charge (or attempted shoulder charge) involves an unacceptable risk of injury to the attacking player, the defender will be guilty of a Dangerous Contact offence. In that regard, it will be immaterial whether the contact was careless, reckless or intentional – the offence will still be made out – and this is because the Code recognises that all players have a special duty to avoid any contact that involves an unacceptable risk of injury to an opposing player. 4. The Board states as a matter of policy that: (a) Shoulder charges involve such a high risk of injury to opposing players that, on proof of any Dangerous Contact offence constituted by a shoulder charge (or attempted shoulder charge), severe punishment must follow; (b) The penalties previously imposed for such offences have not provided a sufficient deterrent to other players from engaging in similar conduct; and (c) Any player who effects (or attempts to effect) a shoulder charge must be taken to have done so in the knowledge that there was a high risk of injury to the opposing player but that he, nevertheless, chose to run that risk; such a player must take full responsibility if his gamble results in an unacceptable risk of injury to the opposing player. 5. Accordingly, the Board states as a matter of policy that, whenever the Match Review Committee decides to lay a charge against a player for a Dangerous Contact offence constituted by a shoulder charge (or attempted shoulder charge), the Committee shall: (a) Regard the penalties previously imposed for all such offences as having not provided a sufficient deterrent to other players from engaging in similar conduct; and (b) Authorise the Match Review Coordinator to refer the charge directly to the Judiciary for the determination of penalty pursuant to Rule 53 of the Code. 6. In any case where a charge is so referred, the Judiciary (and, if applicable, the NRL Appeals Committee) shall: (a) Proceed in accordance with Part 5.5 of Chapter 5 of the Code; (b) Regard the penalties previously imposed for all such offences as having not provided a sufficient deterrent to other players from engaging in similar conduct; (c) Determine a penalty that properly reflects the policy of the Board as stated in paragraph 4 above. Dated at Sydney this 30th day of August 2012. SHANE MATTISKE CHIEF EXECUTIVE OFFICER (INTERIM) NATIONAL RUGBY LEAGUE LTD .

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