Rowing Australia 2021 Selection Policy Handbook 2021 Senior National Rowing Team and Tokyo 2020 Olympic Team Nominations

Rowing Australia

2021 Selection Policy Handbook

2021 Senior A National Rowing Team and Australian Olympic Team Nominations for Tokyo 2020 Note: All athletes nominating for consideration for selection to the 2021 Australian Rowing Team (the 2021 Senior A National Team) and for nomination to the Australian Olympic Committee as a member of the 2020 Australian Olympic Team undertake and agree (upon signing the RA 2021 Senior Team Nomination Form) to abide and be bound by this 2020 Olympic Selection Policy Handbook.

ROWING AUSTRALIA LIMITED PO Box 7147 YARRALUMLA, ACT. 2600 Check the RA website for the latest notifications and amendments to the 2021 Selection Policy Handbook

TABLE OF CONTENTS:

PART 1 INTRODUCTION ...... 1

PART 2 GUIDING PRINCIPLES OF SELECTION ...... 1

PART 3 GUIDING PRINCIPLES OF NOMINATION OF ATHLETES TO THE AOC FOR SELECTION TO THE TOKYO 2020 OLYMPIC TEAM ...... 4

PART 4 THE HIGH PERFORMANCE COMMISSION ...... 4

PART 5 THE SELECTORS ...... 5

PART 6 THE SELECTION OMBUDSMAN ...... 6

PART 7 APPEALS...... 6

PART 8 GENERAL ...... 7

PART 9 INTERPRETATION ...... 7

PART 10 ANNEXURES ...... 9

ANNEXURES: Annexure A: 2021 Event Requirements Annexure B: Nomination and Eligibility Requirements Annexure C: Rowing Nomination Criteria Annexure D: AOC Olympic Team Nomination and Selection By-Law Annexure E: AOC Olympic Team Selection Criteria Annexure F: RA Appeals Policy, including Notice of Appeal Form Annexure G: AOC Olympic Nomination Appeal Process Diagram Annexure H: AOC Nomination Appeal Application Form Annexure I: AOC Olympic Selection Appeal Process Diagram 1

ROWING AUSTRALIA 2021 SELECTION POLICY HANDBOOK 2021 SENIOR NATIONAL ROWING TEAM AND TOKYO 2020 OLYMPIC TEAM NOMINATIONS

PART 1 INTRODUCTION

1.1 Objective

The objective of the 2021 Selection Policy Handbook is to select the best possible team to represent Australia with the best chance of producing podium performances and winning Gold medals at the Tokyo 2020 Olympic Games.

1.2 Application

1.2.1 The 2021 Selection Policy Handbook applies to all Athletes wishing to be considered for selection in the National Team and nomination to the AOC for selection to the 2020 Australian Olympic Team. It also applies to those who are members of the National Team or 2020 Australian Olympic Team.

1.2.2 In relation to officials (including coaches):

(a) for the National Team, the RA Board shall be responsible for and have total discretion in the selection and removal at any time and from time to time of officials, and any decision by RA in that regard is final and not subject to any approval or appeal under the 2021 Selection Policy Handbook, provided however that such decision will not be binding on the AOC;

(b) for the Tokyo 2020 Australian Olympic Team, the RA Board will nominate officials to the AOC for selection in accordance with the AOC Olympic Team Nomination and Selection By-Law (see ANNEXURE D). Any decision by RA in that regard is final and not subject to any approval or appeal under the 2021 Selection Policy Handbook, provided however that such decision will not be binding on the AOC.

1.3 Order of Precedence

To the extent that there is any inconsistency between any of the following documents, then the documents shall be given the following descending order of precedence:

1.3.1 the AOC Olympic Team Nomination and Selection By-Law (see ANNEXURE D);

1.3.2 the AOC Selection Criteria (see ANNEXURE E);

1.3.3 the Nomination Criteria (see ANNEXURE C);

1.3.4 the 2021 Selection Policy Handbook;

1.3.5 the 2021 Event Requirements (see ANNEXURE A).

PART 2 GUIDING PRINCIPLES OF SELECTION

2.1 Mandatory Requirements

2.1.1 All Athletes wishing to be considered for selection must satisfy and continue to satisfy the conditions of the Nomination and Eligibility Requirements (see ANNEXURE B).

2.1.2 All Athletes seeking selection to the National Team must satisfy the requirements set out in the 2021 Selection Policy Handbook including the 2021 Event Requirements (see ANNEXURE A).

2.2 Primary Selection Criteria

The Selection Criteria that must be taken into account by the Selectors in selecting rowers and coxes for the National Team include the following:

(a) performance in trialling and competition specified in the 2021 Event Requirements;

(b) current national and international performances;

2.3 Further Selection Criteria

When the primary Selection Criteria do not provide sufficient evidence to make a conclusive selection decision, the Selectors may take into account one or more of the following further Selection Criteria in selecting rowers and coxes for the National Team:

(a) past national and international performances;

(b) the Athlete’s current level of skill and physical fitness;

(d) factors relevant to crew combination, namely crew compatibility, technical compatibility, and team balance and harmony;

(e) relevant rowing conditions in relation to any trialling or results (e.g. wind and stream effects);

(f) coach input;

(g) potential development of crew combinations for subsequent National Teams;

(h) equipment breakages or malfunctions;

(i) for lightweight and coxes only, maintaining specified weight profiles;

(j) for coxes only, consultation with rowers.

2.4 Reserves

Notwithstanding anything in this RA Selection Policy Handbook, in selecting the reserves, the Selectors may take into account one or more of any of the criteria in sections 2.2 and 2.3, including the additional criterion of “athlete versatility” (which shall mean performances that demonstrate an Athlete’s ability to row one or more of the following: (i) both sweep and scull; (ii) in both big and small boats; and (iii) on both bow and stroke sides). For the avoidance of doubt, the Selectors may give precedence to the additional criterion of “athlete versatility” or one or more of the further Selection Criteria in section 2.3 over the primary Selection criteria in section 2.2 when considering the selection of a reserve or reserves.

2.5 Consideration of Data and Information

In applying any of the Selection Criteria in section 2.2, the Selectors may consider, amongst other things, results and reports recorded from collated data and information including ergometer results, past race results, sports science or medical tests or considerations, training camps, ability to maintain required training loads, and weight profiles (for lightweights and coxes).

2.6 Extenuating Circumstances

2.6.1 In considering the performances of Athletes at events, trials, training camps or other attendances required under the 2021 Selection Policy Handbook, the Nomination Criteria or the 2021 Event Requirements (Nomination Event), the Selectors may, in their absolute discretion, have regard to Extenuating Circumstances. 3

2.6.2 In the event that an Athlete determines that he or she is unable to participate in a Nomination Event, that Athlete must notify the Performance Director of RA of his or her non-attendance in writing, including all relevant reasons. The written advice must where practicable be given within 24 hours of the commencement of the Nomination Event and in all other cases within a reasonable time of becoming aware of the failure to meet the particular requirement.

2.6.3 RA may consider an Athlete’s non-attendance at a Nomination Event to be an Extenuating Circumstance in its absolute discretion. RA may require an Athlete to undergo a medical examination by a medical practitioner or other health professional nominated by RA as a condition of treating the Athlete’s non- attendance at a Nomination Event as an Extenuating Circumstance. The Athlete must also consent to the provision of information from any such practitioner or professional to the Selectors and RA.

2.7 Selectors’ Discretion

2.7.1 The Selectors have discretion in selection of Athletes to, or removal of Athletes from, a National Team having regard to the Selection Criteria. These criteria are set out in sections 2.2 and 2.3 of the 2020 Selection Policy Handbook.

2.7.2 The Selectors may apply a standard which calls for a value judgment and overall assessment of the relevant criteria. In the exercise of their discretion, the Selectors are expected to bring to account those matters within the criteria that they consider to be relevant to the determination, in achieving the overall objective of the 2020 Selection Policy Handbook. When comparing Athletes’ performance, the predominant function of the Selectors’ discretion is to determine the relevance of each of the RA Selection Criteria and the weight attributable to them. For the Selectors to exercise their discretion prudently, judiciously and with sound judgment they are required to:

(a) act reasonably and justly; (b) act in good faith and for proper purposes; (c) consider the RA Selection Criteria; and (d) consider the relevant materials and disregard irrelevant considerations.

2.8 The Event Requirements

2.8.1 RA shall issue Event Requirements for international events.

2.8.2 The Event Requirements shall form part of the 2021 Selection Policy Handbook and shall bind each Athlete that nominates for consideration for selection to the National Team for the event and RA may issue the Event Requirements wholly or partially by way of updates or bulletins.

2.8.3 Without limiting RA’s discretion in deciding what material is relevant for inclusion in the Event Requirements, RA may nominate a Priority Boat or Priority Boats and the ranking of boats and events in the Event Requirements. RA may also, as a matter of policy, elect not to send a boat or boats to an event in which case it shall announce such election in the Event Requirements. To the maximum extent possible, RA will make these nominations as soon as practicable in the circumstances for the event.

2.8.4 Athletes are required to meet the Event Requirements for the events for which they have nominated. This will include mandatory trialling, testing, camps and regattas, including those requirements specified in the NTC Invitation Guidelines.

2.8.5 On occasions, progression through the Event Requirements will be subject to invitation by the Selectors to the next stage of the activity plan within the Event Requirements. The Event Requirements may specify the manner in which progression and invitation is determined. Subject to any specific directions or requirements, the Selectors will consider the RA Selection Criteria set out in the Selection Policy and use their discretion in inviting Athletes to progress to the next stage.

2.8.6 RA and the Selectors may name a Priority Boat or Priority Boats for an event or events, and also give priority to one event over another. Where an Athlete meets the nomination and Event Requirements for a Priority 4

Boat or Priority Boats, but fails to gain selection in that boat, the Selectors at their discretion can (for that Athlete) waive the prerequisites and criteria to that point for any other boat or another event. 2.9 Non-Disrepute

Without limiting the powers of the Selectors, the RA Board may remove an Athlete from consideration for selection to the National Team, the National Squad or (if applicable) from the National Team or National Squad itself if RA determines in its sole discretion that the Athlete:

(a) has at any time engaged in conduct (whether publicly known or not), which has brought or would have the tendency to bring the Athlete or rowing into disrepute or censure, or which would be inconsistent with, contrary to or prejudicial to the ARTeam Code of Conduct, the best interests, image or values of RA, or as a result of which the Athlete’s membership would not be in the best interests of the National Team; or

(b) has at any time been convicted of a charge of any serious offence involving alcohol or drugs, or any sex offence, or any offence which is punishable by imprisonment.

PART 3 GUIDING PRINCIPLES OF NOMINATION OF ATHLETES TO THE AOC FOR SELECTION TO THE 2020 AUSTRALIAN OLYMPIC TEAM

3.1 Nomination General Information

3.1.1 The HPC retains the power without limitation for approving Athletes selected by the Selectors in accordance with the 2020 Selection Policy Handbook and the applicable Event Requirements as members of the Australian Rowing Team. 3.1.2 RA will nominate Athletes to the AOC for selection to the 2020 Australian Olympic Team in accordance with the Nomination Criteria (see ANNEXURE C). The powers of the RA Board include without limitation approving Athletes selected by the Selectors in accordance with the 2021 Selection Policy Handbook and the applicable Event Requirements for nomination to the AOC for selection to the 2020 Australian Olympic Team.

3.1.3 The AOC is solely responsible for the selection and removal at any time of Athletes to and from the 2020 Australian Olympic Team. Athletes will be selected by the AOC in accordance with the AOC Olympic Team Nomination and Selection By-Law (see ANNEXURE D) and the AOC Selection Criteria (see ANNEXURE E). RA may request the removal of any Athlete selected in the 2020 Australian Olympic Team where RA determines that the Athlete has breached the provisions of this 2021 Selection Policy Handbook, however any decision to remove an Athlete selected in the 2020 Australian Olympic Team will be determined by the AOC in its sole and absolute discretion.

PART 4 THE HIGH PERFORMANCE COMMISSION

4.1 Powers of the High Performance Commission

So far as selection is concerned, the powers of the HPC include without limitation:

(a) determining and approving changes or additions to the Nomination and Eligibility Requirements;

(b) determining and approving changes or additions to the Event Requirements;

(d) appointing a Selector delegate or delegates to assist with the selection of overseas based Athletes and crews to the National Team, and with such powers delegated by the Selectors;

(e) appointing a Selection Ombudsman who will have the powers and functions specified in Part 5 of the Selection Policy;

(f) reviewing decisions of the Selectors referred to the HPC by the Selection Ombudsman, especially where the Selectors have applied the further Selection Criteria in section 2.3 of the Selection Policy;

(g) determining, at the HPC’s sole and absolute discretion, minimum performance standards and/or benchmarks required by the HPC for selection;

(h) determining, at the HPC’s sole and absolute discretion, guidelines to be followed by the Selectors in determining adjustments (if any) to the HPC’s minimum performance standards and/or benchmarks for the relevant rowing conditions in relation to any trialling or results.

PART 5 THE SELECTORS

5.1 Composition of Selection Panel

5.1.1 There will be separate selection panels for male and female Athletes. Each selection panel will be comprised of four Selectors as follows:

(a) the Chair of Selectors;

(b) the current Head Coach of the National Training Centre (NTC); and

5.1.2 The Chair of Selectors will be chosen at the sole discretion of the HPC, having the qualifications and experience that meet the requirements of the HPC. The Chair of Selectors must not be an employee of RA, and must not have any direct role with a rowing club, State or Territory rowing association or SIS/SAS.

5.1.3 A quorum for any meeting of Selectors will be a minimum of three Selectors, including the Chair of Selectors. The Selectors are otherwise empowered to make their own rules on process, procedure and voting subject however to approval or veto by the HPC.

5.2 Powers of the Selectors

5.2.1 The powers of the Selectors shall include without limitation:

(a) making all selection decisions (including decisions not to select an Athlete to, and decisions to remove an Athlete from, a National Squad or the National Team) unless otherwise expressly reserved to the RA Board or the HPC;

(b) exempting an Athlete from the requirements of the 2020 Selection Policy Handbook or the Event Requirements, on the basis of Extenuating Circumstances or any other conditions of the Event Requirements;

(c) engaging experts, including medical or health professionals to provide reports or conduct examinations of an Athlete, with further authority to provide such reports and information to RA solely for the purpose of considering selection to or removal from the National Team, a National Squad, or named crew or boat, and for the purpose of monitoring the performance and attitude of any such member or Athlete;

(d) requesting an Athlete to attend specific or individual sports science testing and/or medical examinations to assist the Selectors in considering any of the RA Selection Criteria in section 2.3 and the Athlete’s condition;

(e) determining, in accordance with the guidelines advised by the HPC, adjustments (if any) to the HPC’s minimum performance standards and/or benchmarks for the relevant rowing conditions in relation to any trialling or results.

5.2.2 Subject only to the right of appeal in accordance with Part 6 of the 2021 Selection Policy Handbook, each decision by the Selectors shall be final and binding on the Athletes and each member of any National Team or National Squad.

PART 6 THE SELECTION OMBUDSMAN

6.1 Powers of the Selection Ombudsman

6.1.1 The powers of the Selection Ombudsman shall include without limitation:

(a) to investigate an act or omission of the Selectors or seek more information from the Selectors in relation to the exercise of their powers under the Selection Policy, in respect of which:

(i) a complaint or an inquiry has been made to the Selection Ombudsman;

(ii) the Selectors seek clarification; or

(iii) the Selection Ombudsman wishes to investigate of his or her own motion;

(b) for the purpose of promoting and monitoring compliance with the 2020 Selection Policy Handbook, to observe and attend (at the Selection Ombudsman’s discretion):

(i) event, trials and other attendances required under the 2020 Selection Policy Handbook or the Event Requirements;

(ii) meetings of the Selectors (at which the Selection Ombudsman may require the Selectors to produce to the Selection Ombudsman a record or document excluding sensitive information (as defined in the Privacy Act 1988 (Cth)) within a specified period);

(iii) any debriefing session between an Athlete who has failed to be selected and one or more of the Selectors;

(c) to give a recommendation to the Selectors that addresses an act or omission of the Selectors that relates to the exercise of their powers under the 2020 Selection Policy Handbook (which recommendation must be given due consideration by the Selectors).

6.1.2 The Selection Ombudsman is not required to investigate all complaints or inquiries. For example, the Selection Ombudsman may refuse to deal with a matter if the Selection Ombudsman considers:

(a) it is trivial; or

(b) it is frivolous or vexatious or is not made in good faith; or

(d) the subject-matter of the complaint or inquiry has already been investigated or otherwise dealt with by the Selection Ombudsman.

6.1.3 Investigations conducted by the Selection Ombudsman will generally take place during the relevant event, trial or other attendance and must be completed by no later than 48 hours after the announcement (in accordance with the 2021 Selection Policy Handbook) of the relevant selection decision. The Selection Ombudsman is not authorised to make selection decisions.

PART 7 APPEALS

7.1 Appeals Policy

The terms of the RA Appeals Policy (see ANNEXURE F) form part of the 2021 Selection Policy Handbook and apply to and are binding on all Athletes.

7.2 Appeal procedure for non-selection by RA

Any appeal by an Athlete against an Appellable Decision will be addressed in accordance with the procedure set out in the RA Appeals Policy (see ANNEXURE F).

7.3 Appeal procedure for non-nomination to the AOC

Any appeal against the non-nomination of an Athlete to the AOC for inclusion in the 2020 Australian Olympic Team will be addressed in accordance with the procedure set out in the AOC Olympic Team Nomination and Selection By- Law (see ANNEXURE D) as summarised in the AOC Olympic Nomination Appeal Process diagram and Dispute Resolution Process (see ANNEXURE G).

The form to be used for such an appeal is the Nomination Appeal Application Form (see ANNEXURE H).

7.4 Appeal procedure for non-selection by the AOC

Any appeal against the non-selection by the AOC into the 2020 Australian Olympic Team of a nominated Athlete will be addressed in accordance with the procedure set out in the AOC Olympic Team Nomination and Selection By-Law (see ANNEXURE D) as summarised in the AOC Olympic Selection Appeal Process diagram (see ANNEXURE I).

PART 8 GENERAL

8.1 Notification and Announcements

RA may deliver a notification or announcement made under or pursuant to the 2021 Selection Policy Handbook to an Athlete by personal delivery, email or via the RA Website. The notification or announcement will be taken to be duly made or announced in accordance with this 2020 Selection Policy Handbook (i) if delivered personally, upon delivery; (ii) in the case of email, the next day after the date of transmission unless RA is advised that the transmission failed to send to the recipient; (iii) if delivered via the RA Website, at 9am on the next day following publication on the RA Website. An inadvertent failure to provide an email notice to a correct email address or a failure by a person to receive notice by email for whatever reason shall not invalidate the effectiveness of publication of the notice on the RA Website.

8.2 Amendments

Any change or addition to the 2021 Selection Policy Handbook must be approved by the RA Board (in the case of the Selection Policy) or the HPC (in the case of the Event Requirements) and notified to Athletes by direct email and via the RA Website. The change or addition will take effect at 9am on the next day following publication on the RA Website.

PART 9 INTERPRETATION

9.1 Meaning of Expressions and Words

In this Selection Policy the following expressions, abbreviations and words shall have the following respective meanings (unless the context dictates otherwise):

AOC means the Australian Olympic Committee.

AOC Olympic Team Nomination and Selection By-Law means the AOC Olympic Team Nomination and Selection By- Law annexed as ANNEXURE D to the 2021 Selection Policy Handbook.

AOC Selection Criteria means the AOC Selection Criteria annexed as ANNEXURE E to the 2021 Selection Policy Handbook.

Appeals Policy means the RA Appeals Policy annexed as ANNEXURE F to the 2021 Selection Policy Handbook.

Appellable Decision means the decisions listed in paragraph 2.1 of the Appeals Policy and Appellable Decisions means any two or more of them.

ARTeam Code of Conduct means the Code of Conduct for Australian Rowing Teams as issued and amended by RA from time to time. 8

Athletes include rowers and coxes.

Event means World Championship, World Cup or international regatta or event for which the Athlete nominated for selection.

Event Requirements means the requirements for an Event and any preliminary event including World Cups, set out in documentation issued and amended from time to time by the HPC, including the 2021 Event Requirements.

Extenuating Circumstances means: (a) injury or illness; (b) equipment failure; (c) travel delays; (d) bereavement or disability arising from death or serious illness of an immediate family member, which means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling; or (e) any other factors reasonably considered by RA to constitute extenuating circumstances.

Games means the Tokyo 2020 Olympic Games

HPC means the High Performance Commission established by the RA Board.

National Squad means the national squad (if any) for formation prior to selection of Athletes in a National Team.

National Team means the national team selected to compete at any preliminary event including World Cups.

Nomination and Eligibility Requirements means the nomination and eligibility requirements for selection set out in documentation issued by the HPC and annexed as ANNEXURE B to the 2021 Selection Policy Handbook.

Nomination Criteria means the Nomination Criteria annexed as ANNEXURE C to the 2021 Selection Policy Handbook adopted by RA and approved by the AOC for the nomination of Athletes to the AOC for selection to the 2020 Australian Olympic Team.

Priority Boat means a boat nominated by the Selectors to the HPC for approval to be given priority for selection over another boat or boats.

RA means Rowing Australia Limited.

RA Selection Criteria means the criteria specified in sections 2.2 and 2.3 of the 2021 Selection Policy Handbook.

RA Website means www.rowingaustralia.com.au.

Selection Policy means the Selection Policy and includes without limitation any annexures and the Event Requirements and the Appeals Policy.

Selectors or Selection Panel means the panel of selectors under the 2021 Selection Policy Handbook (referred to in the Nomination Criteria as the “Rowing Australia Nomination and Selection Panel” or “RANSP”).

Selection Ombudsman means a person or persons appointed by the HPC under the Selection Policy.

2020 Australian Olympic Team means the team of athletes and official selected by the AOC to participate in rowing at the Tokyo 2020 Olympic Games.

2021 Event Requirements means the 2021 Event Requirements annexed as ANNEXURE A to the 2021 Selection Policy Handbook as amended from time to time.

2021 Selection Policy Handbook means this 2021 Selection Policy Handbook and includes without limitation any annexures.

PART 10 ANNEXURES

ANNEXURE A ROWING AUSTRALIA 2021 EVENT REQUIREMENT SENIOR AUSTRALIAN ROWING TEAM Approved 1 May 2020 Updated 16 July 2020

Please Note: Rowing Australia Limited (“RA”) intends to review these Event Requirements by no later than September of each year but may review and update these Event Requirements at any time (whether at the request of the Australian Olympic Committee (“AOC”) or otherwise), including by announcing and publishing further or varied requirements and standards from time to time prior to the relevant event or trial and the publication or notification shall take effect in accordance with the RA Selection Policy..

Background:

The RA National Selection Policy – Senior Team (“Selection Policy”) and the 2021 Olympic Nomination Criteria (“Olympic Nomination Criteria”), which outline the broad selection and nomination criteria for all rowers and coxswains, can be viewed on the RA website at www.rowingaustralia.com.au.

These 2021 Event Requirements operate as an appendix to the Selection Policy and Olympic Nomination Criteria, and outline the activities that rowers and coxswains must complete to be eligible for:

• Selection consideration for the Australian Senior A Team to compete at 2021 World Cups, with date and locations to be confirmed;

• Pending the confirmation of the Final Qualification Regatta and process, selection consideration for the Australian Senior A Team to compete at the 2021 Final Qualification Regatta in Lucerne, Switzerland;

• Nomination to the AOC for selection to the 2021 Australian Olympic Team.

All Athletes must complete all activities stipulated in these Event Requirements unless:

• expressly provided otherwise in these Event Requirements; or • • there are Extenuating Circumstances (as defined in the Selection Policy) that prevent this (in which case RA must be notified of the particular reason in accordance with the Selection Policy and AOC Selection Policy By-Laws).

In addition to the activities stipulated in these Event Requirements, athletes invited to the National Training Centre (“NTC”) must also complete all activities stipulated in the NTC Invitation Guidelines.

Rowing Australia Event Requirement: Senior Team (Updated 3 July 2020)

Important Note: Under the Selection Policy, RA may, as a matter of policy, elect not to send a boat or boats to an event. In this regard, RA has elected not to send any Non-Olympic class boats to the World Cups in 2021 (in order to enable RA to focus its resources on maximising performances at the 2021 Olympic Games). Notwithstanding this, rowers selected as reserves to support selected Olympic Class boats may be selected to race in a non-Olympic category at World Cup II and/or World Cup III. For example, an athlete who is selected as a reserve for the WL2x may be selected to race in the WL1x.

Rowing Australia Event Requirement: Senior Team (Updated 3 July 2020)

Specific Activity Details:

ACTIVITY See Note(s) 2020 Senior Team - Selection Activity Dates Closing date for completion of athlete and 1 7 August 2020 coach nomination forms Closing date for completion of coxswain CVs 2 7 August 2020 30min/Rate 20 #1 3 25 May 2020 30min/Rate 20 #2 3 19 - 22 June 2020 30min/Rate 20 #3 3 20 July 2020 30min/Rate 20 #4 3 17 August 2020 5km Ergometer Test #1 4 14 September 2020 September Domestic 5km Time Trial (TBC 5 24-26 September 2020 depending on on-water restrictions) October Domestic 5km Time Trial 5 22-24 October 2020 5km Ergometer Test #2 4 9 November 2020 November Domestic 5km Time Trial 5 19-21 November 2020 RA announcement of invitations to National 6 25 November 2020 5km Time Trial National 5km Time Trial (if invited) or 6 8-11 December 2020 December Domestic 5km Time Trial 2km Ergometer Test 4 18 January 2021 NSW State Championships 7 5-7 February 2021 (TBC) RA announcement of invitations to Selection 9 12 February 2021 Trials Selection Trials 9, 12 27 Feb-5 March 2021 World Cup Tour Team announcement and 10 6 March 2021 briefing National Championships 11 22-28 March 2021 World Cup I Zagreb, Croatia 12, 14 30 April – 2 May World Cup II TBC, Lucerne, Switzerland 12, 14 21 – 23 May World Cup III TBC, Sabaudia, Italy 12, 14 4 – 6 June 2021 Final Qualification Regatta, Lucerne, 12, 13 16 – 18 May Switzerland RA announcement of athletes to be nominated 12 31 May 2021 to the AOC RA nomination of athletes to the AOC 12 4 June 2021 2021 Olympic Games (Tokyo, Japan) 12, 14 23-30 July 2021

Rowing Australia Event Requirement: Senior Team (Updated 3 July 2020)

NOTES:

1) Closing date for completion of athlete and Details regarding the submission of these coach nomination forms: results can be found in the specific protocol document available at the link above. Athletes and coaches wishing to be considered for Senior team selection must complete, by the date specified in these Event Requirements, the online 4) 5km Ergometer Test #1, 5km Ergometer nomination form found on the RA website at: Test #2 and 2km Ergometer Test:

http://www.rowingaustralia.com.au/national-team- National ergometer testing is to be conducted selection-information/ in line with Australian Rowing Team ergometer testing protocols, available on the An athlete that has already submitted an Expression RA website at of Interest to train at the NTC pursuant to the NTC http://www.rowingaustralia.com.au/sports- Invitation Guidelines will be deemed to have also science/rowing-testing-protocols/ and must submitted a nomination for the National Team be completed on the date specified in these pursuant to these Event Requirements. Event Requirements.

2) Closing date for completion of coxswain CVs: Performances will be assessed against the National ergometer benchmarks available at Nominating coxswains must submit a coxing CV, https://rowingaustralia.com.au/wp- including two coaching referees by 17:00 AEDT on content/uploads/2019/10/2016-2020- the date specified in these Event Requirements to: Benchmarks-updated-10-October-2019.pdf [email protected]

This CV should outline coxing history, past 5) Domestic 5km Time Trials: performance and relevant experience. Following the consideration of submitted information, coxswains The Domestic 5km Time Trials are to be may also be required to submit recordings and/or completed in the athlete’s domestic training participate in a coxswain selection interview. environment.

In selecting any coxswains, the Selectors will assess a. For the September Domestic 5km performances in the activities specified in these Time Trial: All competing rowers Event Requirements against the Selection Criteria in must compete in the 1x or 2- the Selection Policy. b. For the October Domestic 5km Time 3) 30min/Rate20 #1, 30min/Rate20 #2, Trial: All rowers must compete in the 30min/Rate20 #3 and 30min/Rate20 #4: 1x or 2-.

The 30min/Rate 20 ergometer testing is to be c. For the November Domestic 5km conducted in line with the specific protocol, available Time Trial: All rowers nominating for at the RA website at: sculling selection must compete in https://rowingaustralia.com.au/wp- the 1x, and those that have content/uploads/2020/04/30-min-Rate-20-Test- nominated for sweep must compete Protocol.pdf; and must be completed on the date in the 2-. specified in the Event Requirements. d. For the December Domestic 5km Time Trial: All competing rowers

Rowing Australia Event Requirement: Senior Team (Updated 3 July 2020)

nominating for sculling selection ii. At the NSW State Championships: rowers must compete in the 1x, and those must be at no greater than FISA maximum that have nominated for sweep must weight (Men 72.5kg and Women 59.0 kg); compete in the 2-. Rowers invited to participate in the National 5km Time iii. At the National Championships: rowers Trial will not be required to complete must abide by Rowing Australia rules; the December Domestic 5km Time Trial. iv. At the Selection Trials (if invited): rowers must complete all events at or below FISA 6) National 5km Time Trial: maximum weight (i.e. Men 72.5kg and Women 59.0kg), notwithstanding that Participation at the National 5km Time Trial will be by crews must achieve FISA average weight. invitation only. RA will announce (in accordance with the Selection Policy) the list of athletes invited to the 9) Selection Trials: National 5km Time Trial by no later than one week following the conclusion of the November Domestic Participation at the Selection Trials will be by 5km Time Trial. invitation only. RA will announce (in accordance with the Selection Policy) the list of athletes In determining the athletes who will be invited to the invited to the Selection Trials by no later than 7 National 5km Time Trial, the Selectors will assess days after the conclusion of the NSW State performances in the Domestic 5km Time Trials. Championships. Failure to be invited to the National 5km Time Trial does not preclude an athlete from being selected in the In determining the athletes who will be invited to Australian Rowing Team. Athletes not invited to the attend the Selection Trials, the Selectors will National 5km Time Trial must complete the December assess performances in the activities specified in Domestic 5km Time Trial (see Note 5). these Event Requirements against the criteria in the Selection Policy. 7) NSW State Championships: The Selectors reserve the right at their sole All Rowers nominating for National Team selection are discretion to choose the crew combinations, seat required to participate in at least two events during racing partners and the matrix of seat racing in this regatta. the Selection Trials, and to conduct ergometer and such other tests as required in order for the a) Rowers nominating for sculling selection must Selectors to assess the specified selection criteria. compete in the 1x, and those that have nominated for sweep must compete in the 2-. 10) World Cup Tour Team announcement and briefing: b) Rowers are also required to compete in at least one other medium or big boat within On 6 March 2021, RA intends to announce the this regatta (i.e. double, fours, quads or team for World Cup II and World Cup III. eights). For the avoidance of doubt, RA may select a team 8) Lightweight rowers: that has more athletes than positions in boats that have qualified. Lightweight rowers are required to be within the following weight ranges for racing, time 11) The National Championships: trials, and any national testing: Rowers selected to the National Team are i. Prior to NSW State Championships: required to participate in at least two (and no rowers must be no greater than the more than three) events during this regatta; one following weights - Men 74.2 kg and of which must be for their club and one of which Women 60.4 kg;

Rowing Australia Event Requirement: Senior Team (Updated 3 July 2020)

will be in a crew whose composition is at the their absolute discretion (the Adjusted discretion of the selectors. Performance Benchmarks). The Selectors may also use the Adjusted Performance a) Rowers would ideally compete for their Benchmarks to rank the performance of club in boat class in the category they are boats. selected in. For example, if an athlete is selected in the quad scull (4x), then that e) The minimum on-water performance athlete would compete in a sculling boat; benchmarks above are specified for the respective racing distances that the b) Races will be conducted as part of the Selectors may choose to conduct races over National Championship regatta. during the Selection Trials. The Selectors have the discretion to conduct racing over Such athletes must also participate in a maximum of any one of the racing distances specified in one event for their State/Territory (if selected). these Event Requirements. If a race during the Selection Trials is conducted over a 12) Adjusted Performance Benchmarks: distance specified, and a boat achieves the Adjusted Performance Benchmark over that c) benchmarks required in each boat class entire distance in accordance with this are as follows: Note, then that boat shall be considered to have met the Adjusted Performance Senior Men Benchmark in that boat class. 1500m 2000m 1x 05:11.76 06:55.7 f) Achievement of the Adjusted Performance 2- 04:54.02 06:32.0 Benchmarks does not guarantee selection. The Adjusted Performance Benchmarks are 2x 04:47.01 06:22.7 the minimum on-water performance 4- 04:29.57 05:59.4 standards required for the Selectors to 4x 04:25.10 05:53.5 consider a boat for selection. 8+ 04:14.27 05:39.0 g) Where an athlete has been a member of a L2x 04:51.51 06:28.7 crew that has achieved an Adjusted Performance Standard then the Selectors Senior Women may consider selecting that athlete in any 1500m 1900m 2000m class of boat that achieved an Adjusted 1x 5:41.3 7:12.3 07:35.0 Performance Standard at or prior to the 2- 5:26.4 6:53.4 07:15.2 Selection Trial. 2x 5:17.0 6:41.5 07:02.7 4- 4:58.7 6:18.3 06:38.3 13) Final Qualification Regatta: 4x 4:52.7 6:10.7 06:30.3 8+ 4:42.6 5:57.9 06:16.8 a) The Selectors are not required to consider the selection of a boat to compete at the L2x 5:25.3 6:52.0 07:13.7 Final Qualification Regatta unless a boat has: i. achieved an Adjusted Performance Benchmark in that d) The minimum on-water performance benchmarks assume competition in neutral boat at or prior to the Selection environmental conditions. Accordingly, the Trials; and Selectors may make adjustment (if any) to ii. at the 2Km speed order trial on the minimum performance standards for the final day of trials, posted a environmental conditions as they see fit by prognostic time (%WBT) for the reference to speed order or comparative relevant boat class that is equal trials or races as decided by the Selectors in to or quicker than the prognostic

Rowing Australia Event Requirement: Senior Team (Updated 3 July 2020)

time (%WBT) of the fastest boat class at the speed order trial less b) Notwithstanding anything in these Event 1%. Requirements, the Selectors have the power, in accordance with the Selection Notes to 13(a)ii: Times posted must be at Policy, to change the composition of a the designated speed order trial on the final boat as a result of performances at World day of Trials. Times posted by crews over Cup II or World Cup III (as the case may 2Km during the trialling process will not be be). Should the selectors choose to considered for the satisfaction of this exercise their discretion under the clause. Selection Policy, then that boat as modified may compete at World Cup III For the removal of any doubt, the fastest or the Olympic Games (as the case may men’s crew prognostic will be the reference be). point for male crews; the fastest women’s crew prognostic will be the reference point For the avoidance of doubt, the act of for women’s crews. changing the composition of that boat does not disqualify it from being Satisfaction of one or both of the selected to compete at World Cup III; or requirements in Note 13(a) does not to be nominated to the AOC for selection guarantee selection. Selectors retain the to the Olympic Games (as the case may discretion to consider all relevant factors in be) for not achieving the applicable deciding to send a boat to the Final Adjusted Performance Benchmark at or Qualification Regatta For the avoidance of prior to the Selection Trials in doubt, the Selectors retain absolute accordance with Note 12. discretion to select a boat to compete at the Final Qualification Regatta where that boat c) Where Selectors are required to has failed to meet one or both of the reconsider selection of athletes to requirements in Note 13(a) compete in a boat at a World Cup, the 2021 Qualification Regatta or the However, notwithstanding Note 13(a) or Olympic Games as a result of Extenuating anything else in these Event Requirements, Circumstances, then the re-selected crew the selectors can decide not to send a boat is not required to achieve an Adjusted to the Final Qualification Regatta based on Performance Standard in that boat performances at the 2019 World unless the Selectors in their discretion Championships. consider that circumstances or time permits such a requirement. 14) World Cup I, World Cup I, World Cup II and Olympic Games: 15) General:

a) The Selectors retain their discretion in a) Reference to a rower or to rowers in accordance with the Selection Policy to these Event Requirements means determine the selection of athletes to a oarsmen and oarswomen. crew (in accordance with the selection b) Reference to an athlete or athletes in criteria) and without limitation, that these Event Requirements means all athletes who were in a crew who eligible rowers and coxswains achieved qualification at the 2019 World c) Reference to a crew in these Event Championships are not guaranteed Requirements includes a single sculler. selection in that boat for the Olympic Games.

Rowing Australia Event Requirement: Senior Team (Updated 3 July 2020)

ANNEXURE B Nomination and Eligibility Requirements for 2020 Australian Rowing Team Selection

BACKGROUND: Consistent with the respective National Selection Policies, all athletes wishing to be considered for selection must satisfy and continue to satisfy the conditions of these Nomination and Eligibility requirements. All athletes must comply with the requirements listed for ‘All Teams’. In addition, athletes seeking selection in the specific teams listed below must also comply with the requirements listed for that specific team.

NOMINATION AND ELIGIBILITY REQUIREMENTS – ALL TEAMS: 1. All athletes must comply with the citizenship and eligibility requirements for the respective International event/s for which they are seeking selection.

2. All athletes must comply with the age eligibility requirements as set out in the specific Event Requirements for that team 3. All athletes must, if requested by RA, sign a RA Participant Agreement 4. All athletes must fully read, are bound by and must comply with: a) the National Selection Policy specific to the Team for which they are seeking selection; b) the applicable Event Requirement(s); and c) all RA Policies and Standards, including without limitation the RA Member Protection Policy, Anti-Doping Policy, Privacy Policy, Illicit Drugs in Sport Policy, Sports Foods, Medical and Performance Supplement Policy and RA Medical Management Policy. All RA Policies and Standards are available at http://www.rowingaustralia.com.au/rowing-australia-policies/. 5. All athletes must complete all educational programs required by RA, including: a) ASADA Level 1 Anti-Doping Online Course available at https://elearning.asada.gov.au/ b) Keep Sport Honest Online Course available a https://elearning.sport.gov.au/

6. All athletes must fully complete an RA Team nomination form, including an acknowledgement that the athlete has read the Anti-Doping Declaration of Undertaking and Acknowledgement available via the Nomination Form and voluntarily agrees to all of the undertakings, acknowledgements and declarations therein.

7. In crew boats, all athletes in that crew must be in compliance with these Nomination and Eligibility Requirements in order for the crew to be eligible for selection. For clarity, if an ineligible athlete competes in a crew, this in turn deems the other athletes in that crew ineligible for further selection. By way of example, if a non-citizen combines with a nominated, eligible athlete and finishes 2nd in the U23W2- at the National Championships, neither athlete will be eligible to be considered for invitation to Trial.

2020 OLYMPIC TEAM 8. All athletes wishing to be considered for nomination to the AOC for selection to the 2020 Australian Olympic Team must also satisfy and continue to satisfy the eligibility criteria contained in the AOC approved Rowing Australia Tokyo 2020 Olympic Games Nomination Criteria including, without limitation, the AOC Selection Criteria.

PARA ROWING TEAM 9. Athletes must be internationally classified either with a ‘Confirmed’ or ‘Review’ sport class status.

JUNIOR ROWING TEAM 10. Athletes seeking selection in the Interstate Schools Pathway VIII must be Junior age athletes selected by their State and must be currently enrolled in school. a) Athletes that compete in the Interstate Schools Pathway VIII event but are not recommended to progress to the Speed Order Trial may compete in all other aspects of the trialling process outside of the Interstate Schools Pathway VIII, provided entries have been submitted as stipulated (refer Note 6 of the Event Requirements).

ANNEXURE C

Nomination Criteria Tokyo 2020 Olympic Games Rowing

1 Definitions and Interpretation

1.1 Definitions Unless otherwise defined below, capitalised terms in this Nomination Criteria have the meaning given to them in the AOC Olympic Team Nomination and Selection By-Law, certain of which have been reproduced below for the sake of convenience. 2021 Event Requirements means the requirements for the Games and any preliminary event including World Cups, set out in documentation issued and amended from time to time by the National Federation. AOC means the Australian Olympic Committee Inc and any of its officers, employees or agents and any committee it convenes including the AOC Selection Committee. AOC Olympic Team Nomination and Selection By-Law means the document adopted by the Executive which governs, among other things, the nomination and selection of Athletes to a team for an Olympic Games or Olympic Winter Games. AOC Selection Committee means the committee established by the AOC to send athletes and appoint officials to the Australian Olympic team for the Games.

AOC Selection Criteria means the criteria adopted by the AOC in respect of the Games which outlines the requirements for an athlete to be selected by the AOC to participate in the Games. Athlete means a person who: (a) participates in the Sport; and (b) is recognised by the National Federation or the AOC as eligible for nomination to the AOC for selection to the Team pursuant to this Nomination Criteria. Executive means the Executive of the AOC. Extenuating Circumstances means: (a) injury or illness; (b) equipment failure; (c) travel delays; (d) bereavement or disability arising from death or serious illness of an immediate family member, which means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling; or (e) any other factors considered by the National Federation to constitute extenuating circumstances. Further Selection Criteria means the selection criteria outlined in Clause 6.5 of this Nomination Criteria. Games means Tokyo 2020 Olympic Games. International Federation means World Rowing Federation (FISA). National Federation means Rowing Australia (RA).

Nomination Date means 4 June 2021. P Alternate Athlete has the meaning given in the Qualification System. Primary Selection Criteria means the selection criteria outlined in Clause 6.4 of this Nomination Criteria. Qualification System means the eligibility, participation and qualification criteria for the Sport in respect of the Games issued by the International Federation. Sport means Rowing. Sport Entries Deadline means the date on which entries to a Games must be submitted by the AOC. Team means the team of athletes and officials selected by the AOC to participate in the Sport at the Games.

1.2 Interpretation Unless the context otherwise requires, reference to: (i) a clause is to a clause of this Nomination Criteria; (ii) the singular includes the plural and the converse also applies; (iii) persons include incorporated and unincorporated bodies, partnerships, joint ventures and associations and vice versa and their legal personal representatives, successors and permitted assigns and substitutes; and (iv) a party includes the party’s executors, administrators, successors and permitted assigns and substitutes. If a person to whom this Nomination Criteria applies consists of more than one person, then this Nomination Criteria binds them jointly and severally. A reference to time, day or date is to time, day or date of Sydney, Australia. Headings are for convenience only and do not form part of this Nomination Criteria or affect its interpretation.

2 General

2.1 This Nomination Criteria is issued by the board of the National Federation. The National Federation must provide, or otherwise make available, this Nomination Criteria to all Athletes.

2.2 The National Federation may only nominate Athletes to the AOC in accordance with this Nomination Criteria.

2.3 This Nomination Criteria will take effect on and from 27 May 2019 and will cease to have effect at the conclusion of the Games.

2.4 This Nomination Criteria applies to: all Athletes; the National Federation; and the AOC.

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2.5 The terms of the AOC Olympic Team Nomination and Selection By-Law are incorporated by reference into this Nomination Criteria. The National Federation must provide, or otherwise make available, the AOC Olympic Team Nomination and Selection By-Law to all Athletes.

3 Long List

3.1 For the purpose only of identifying prospective members of the Team, the National Federation or AOC may maintain a Long List of Athletes.

3.2 For the avoidance of doubt, membership of the National Federation’s or the AOC’s Long List does not increase, decrease or otherwise affect an Athlete’s prospects of being nominated by the National Federation, or being selected by the AOC, to the Team.

4 Athlete Quota Positions

4.1 The National Federation may only nominate Athletes to the AOC for selection to the Team where, pursuant to the Qualification System, the International Federation has awarded the AOC or the National Federation athlete quota positions.

4.2 A National Federation may not nominate more Athletes than are permitted to be nominated by the AOC under the Qualification System.

4.3 The National Federation may nominate fewer Athletes than are permitted under the Qualification System, in its absolute discretion.

5 Eligibility Criteria

The National Federation will not nominate an Athlete unless, as at the Nomination Date, the National Federation is satisfied on reasonable grounds that the Athlete: is an Australian citizen; satisfies the Qualification System; is likely to satisfy the AOC Selection Criteria; has not breached the AOC Anti-Doping By-Law, unless the Athlete has been sanctioned for the breach and has completed the sanction imposed; and complies with the Rowing Australia eligibility requirements contained in the Rowing Australia Nomination and Eligibility Requirements, available here.

6 Nomination Criteria

6.1 Australia will obtain quota places in accordance with the Qualification System.

6.2 In accordance with the Qualification System: Where Australia qualifies a quota place in a certain event at the 2019 World Rowing Championships (to be held 25 August to 1 September, in Linz, Austria), then the National Federation may nominate Athletes for that boat based on recommendations of the Rowing Australia Nomination and Selection Panel (RANSP) made in accordance with clauses 6.3 to 6.5of this Policy.

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Qualification of an Olympic Class boat at the 2019 World Rowing Championships does not in itself guarantee nomination to the AOC for selection to the 2021 Australian Olympic Team. (b) Where Australia qualifies a quota place for a boat at the Final Olympic Qualification Regatta (to be held 16 to 18 May 2021, in Lucerne, Switzerland) then (subject to the National Federation, at its discretion, choosing to nominate the boat for the event at the Games) the Athletes who achieved the qualification will be nominated by the National Federation to the AOC for selection to the Team and required to row in that boat event at the Games.

6.3 In determining the Athletes who will be nominated to the AOC for selection in the Team, RA will nominate Athletes who, in the opinion of the RANSP, in its absolute discretion: will be most likely to achieve the highest competitive results at the Games; and have met the requirements outlined in the National Federation’s 2021 Selection Policy (including the 2021 Event Requirements) for the 2021 Senior A National Team in a boat for which Australia has qualified quota places for the Games; and are, and will remain until the conclusion of the Games, positive ambassadors for the Sport, National Federation and the Games.

6.4 In making its determination under clause 6.3 with respect to an Athlete the RANSP must take into account the following (the Primary Selection Criteria): performance in trialling and competition specified in the 2021 Event Requirements; current national and international performances. In having regard to those criteria, the RANSP has in its absolute discretion the ability to decide in the case of each Athlete the relevant weighting of each criteria.

6.5 If the RANSP considers that the Primary Selection Criteria do not provide a sufficient basis for making a determination under clause 6.4, then the RANSP may also have regard to the following criteria (the Further Selection Criteria) in its absolute discretion: past national and international performances; the Athlete’s current level of skill and physical fitness; any current injury or condition, which will impair or prevent the Athlete’s performance; factors relevant to crew combination, namely crew compatibility, technical compatibility, and team balance and harmony; relevant rowing conditions in relation to any trialling or results (e.g. wind and stream effects); coach input; potential development of crew combinations for subsequent National Teams; equipment breakages or malfunctions; for lightweight and coxes only, maintaining specified weight profiles; for coxes only, consultation with rowers.

Notwithstanding the foregoing, in having regard to those criteria the RANSP has in its absolute discretion the right to rely on any one or more of the criteria and also has in its absolute discretion the ability to

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decide in the case of each Athlete the relevant weighting of each criteria where it relies on two or more criteria.

6.6 In applying any of the criteria in clause 6.5, the RANSP may consider, amongst other things, results and reports recorded from collated data and information including ergometer results, past race results, sports science or medical tests or considerations, training camps, ability to maintain required training loads, and weight profiles (for lightweights and coxes).

6.7 The composition of the RANSP and the powers of its members shall be as set out in the National Federation’s Selection Policy.

P Alternate Athletes

6.8 The National Federation will not nominate more P Alternate Athletes than the maximum number permitted under the Qualification System.

6.9 Notwithstanding anything in this Nomination Criteria, to determine the P Alternate Athletes, the RANSP may take into account one or more of any of the criteria in clauses 6.4 and 6.5, including the additional criterion of “athlete versatility” (which shall mean performances that demonstrate an Athlete’s ability to row one or more of the following: (i) both sweep and scull; (ii) in both big and small boats; and (iii) on both bow and stroke sides). For the avoidance of doubt, the RANSP may give precedence to the additional criterion of “athlete versatility” over the other criteria in clauses 6.4 and 6.5 when considering the determination of the P Alternate Athletes.

6.10 For the avoidance of doubt, P Alternate Athletes will not be part of the Team unless and until they are required to replace a selected Athlete.

7 Extenuating circumstances

7.1 In considering the performance of Athletes at events, trials, training camps or other attendances required under the National Federation’s Selection Policy, this Nomination Criteria or the 2020 Event Requirements (Nomination Event), the RANSP may, in its absolute discretion, have regard to Extenuating Circumstances.

7.2 In the event that an Athlete determines that he or she is unable to participate in a Nomination Event, that Athlete must notify the Performance Director of the National Federation of his or her non-attendance in writing, including all relevant reasons. The written advice must where practicable be given within 24 hours of the commencement of the Nomination Event and in all other cases within a reasonable time of becoming aware of the failure to meet the particular requirement.

7.3 The National Federation may consider an Athlete’s non-attendance at a Nomination Event to be an Extenuating Circumstance in its absolute discretion. The National Federation may require an Athlete to undergo a medical examination by a medical practitioner or other health professional nominated by the National Federation as a condition of treating the Athlete’s non-attendance at a Nomination Event as an

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Extenuating Circumstance. The Athlete must also consent to the provision of information from any such practitioner or professional to the RANSP and the National Federation.

8 Submission of Nominations

8.1 The National Federation must notify Athletes of the Nomination Date (being 4 June 2021) in writing.

8.2 The AOC may, in its absolute discretion extend the Nomination Date for the National Federation for any reason.

8.3 The National Federation must nominate Athletes to the AOC by the Nomination Date. The National Federation must inform Athletes of their nomination or non-nomination by no later than: 48 hours prior to the Nomination Date, where such written notice would be received by the Athlete 14 days prior to the Sport Entries Deadline; or 24 hours prior to the Nomination Date, where such written notice would be received by the Athlete within 14 days of the Sport Entries Deadline, or such later date as the AOC advises the National Federation.

8.4 Nominations submitted to the AOC must be in the form prescribed by the AOC or in a form that is otherwise acceptable to the AOC and include any such information that is required pursuant to the AOC Olympic Team Nomination and Selection By-Law.

8.5 The AOC may, in its absolute discretion, accept a nomination submitted after the Nomination Date where it is submitted by the National Federation as a result of an appeal brought in accordance with the AOC Olympic Team Nomination and Selection By-Law.

9 Amendments

This Nomination Criteria may only be amended with the written consent of the AOC Selection Committee.

10 Governing Law

This Nomination Criteria is governed by the laws of the State of New South Wales.

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Olympic Team Nomination and Selection By-Law

Contents 1 Definitions and Interpretation 3 Definitions 3 Interpretation 5 2 Application 6 3 NF Continuous Disclosure 6 4 Long List 7 NF Long List 7 7 5 Nomination of Athletes 7 General 7 Nomination Criteria 8 Procedure for Nomination of Athletes 9 6 Selection of Athletes 10 AOC Selection Committee 10 Selection Requirements 10 Procedure for Selection of Athletes 12 7 Appointment of Officials 12 General 12 Recommendation by NF 12 Procedure for Appointment of Officials 13 8 Priority of Documents 13 9 Appeals 14 Definitions 14 Application 14 Olympic Appeal Consultant 14 Appeal Categories 15 General Rules 15 Nomination Appeal 16 Selection Appeal 20 CAS Procedural Rules 21 Fast Track Appeal Process 23 Costs and Expenses of Appeal Process 27 Other Appeals 29 10 Indemnity 30 11 Governing Law 30

1 Definitions and Interpretation

Definitions The following definitions apply unless the context requires otherwise.

Affected Party has the meaning given in clauses 9.5(c) and 9.5(g). AOC means the Australian Olympic Committee Inc. AOC Anti-Doping means the anti-doping policy adopted by the AOC that is in force and Policy amended from time to time. AOC Constitution means the Constitution of the AOC. AOC Executive means the Executive elected or appointed in accordance with the AOC Constitution. AOC Selection Committee means the committee established by the AOC to select Athletes and appoint Officials to a Team. Appeal means a Nomination Appeal or Selection Appeal, and does not include a Fast Track Appeal. Appeal Forum means an Appeal Tribunal or the Appeals Arbitration Division of CAS. Appeal Tribunal means a tribunal convened for the purpose of hearing a Nomination Appeal in accordance with clause 9.6(b). Appellant means an Athlete or other person who has commenced an Appeal or Fast Track Appeal ASADA means the Australian Sports Anti-Doping Authority and includes any other organisation designated as the National Anti-Doping Organisation for Australia. ASC means the Australian Sports Commission. Athlete means a person who: (a) participates in a sport that is included in the sports programme of a Games; and (b) is recognised by the NF governing that sport as eligible for nomination to the AOC for selection to a Team. Where this By-Law refers to individuals who are selected by the AOC to participate in a Team, those individuals will also be referred to as Athletes.

AUD means Australian Dollars. Business Day means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales. CAS means the Court of Arbitration for Sport. CAS Application Form means the CAS Oceania Registry Application Form, a copy of which is available from the CAS Oceania Registry: c-/ Allens, Deutsche Bank Place, Corner Hunter and Phillip Streets, Sydney NSW 2000, (02) 9230 4000. CAS Code means the Code of Sports-related Arbitration as amended from time to time. CAS Costs means the costs and expenses of the CAS of and incidental to an appeal to the CAS as provided for in clause 9.10. Chief Executive means Chief Executive Officer and any representative of a Chief Executive Officer.

Olympic Team Selection By-Law / 30 August 2018 3

CHF means Swiss Franc.

Child means a person under the age of 18 years.

Child Abuse means physical, emotional, psychological, harming or exploitation of children, whether in person or online, whether a one-off incident or a series of incidents, whether sexual or otherwise and includes, but not limited to: (a) derogatory or inappropriate behaviour; (b) non-accidental injury to children; (c) inappropriate touching; (d) physical, emotional, psychological or sexual abuse including groomed or forced involvement in sexual behaviour, verbal or physical conduct or gesture of a sexual nature (e.g. the use of offensive stereotypes based on gender, sexual jokes, threats, intimidation); or (e) insensitivity towards children with cultural or religious differences. Competition means a race, match, game or sport contest.

Fast Track Appeal means a Nomination Appeal or Selection Appeal heard according to the Fast Track Appeal Process. Fast Track Appeal means the process for resolving Athlete nomination and selection disputes Process where time is of the essence, in accordance with clause 9.9. Games means any one of the Olympic Games, Olympic Winter Games, Youth Olympic Games and Winter Youth Olympic Games. Games Period means the period of time between the date that is the “Opening Ceremony” of a Games and the date that is three days after the “Closing Ceremony” of that Games. IF means International Federation. Long List means Athletes who are recognised by an NF or the AOC as prospective members of a Team.

Long List Member means a member of the Long List. Member Protection Policy means a policy required by the ASC which is adopted and implemented by an NF which is designed to ensure that the sport governed by the NF is safe, fair and inclusive for everyone involved and recognises the NF's legal obligations to prevent and address discrimination and harassment and to protect children from abuse. National Anti-Doping has the meaning given to that term in the World Anti-Doping Code issued by Organisation the World Anti-Doping Agency, as amended from time to time. National Federation means an Australian sporting organisation affiliated to an International Federation which governs a sport included in the sports programme of the Olympic Games or the Olympic Winter Games. NF means National Federation. NF’s Sport has the meaning give to that term in clause 4.1(a). Nomination Appeal has the meaning given to that term in clause 9.4(a). Nominated Athlete Means an Athlete that is nominated for selection to the Team for a Games in accordance with the provisions of clauses 5.1(f) & 5.2(d) and has the meaning clause 5.3(c).

Olympic Team Selection By-Law / 30 August 2018 4

Has the meaning given to that term in clause 9.6(b)(iii).

Nomination Criteria means the criteria outlining the requirements for an Athlete to be nominated by an NF to the AOC for selection as a member of a Team for a Games, or failing nomination by an NF governing a sport in the Olympic Winter Games or Winter Youth Olympic Games, the criteria determined for that sport by the AOC in its sole and absolute discretion. Nomination Date has the meaning given to that term in clause 5.3(a). Nomination Fast Track means a Nomination Appeal heard according to the Fast Track Appeal Appeal Process. Official means a person who administers, manages, coaches, supports, assists or is otherwise involved with a Team including, but not limited to, armourers, assistant team leaders, boat people, caddies, chiropractors, coaches, conditioners, farriers, gear stewards, grooms, medical practitioners, mechanics, meteorologists, nutritionists, physiotherapists, psychologists, shipwrights, soft-tissue therapists, sports scientists, team leaders, technicians, veterinarians, wax technicians and other officials of the Team. Prospective Team means an Athlete who is considered by an NF to be a prospective member of Member a Long List or a Team. This includes, without limitation, the members of a national team or squad. Qualification System means the eligibility, participation and qualification criteria for a sport in respect of a Games as determined by the IF controlling that sport and the IOC in accordance with the Olympic Charter. Selection Appeal has the meaning given to that term in clause 9.4(b). Selected Athlete has the meaning given to that term in clause 6.2(c). Selection Criteria means the criteria adopted by the AOC in respect of a Games which outlines the requirements for an Athlete to be selected by the AOC to the Team for that Games. Selection Fast Track means a Selection Appeal heard according to the Fast Track Appeal Appeal Process. Sport Entries Deadline means the date on which entries to a Games must be submitted by the AOC. Team means the team of Athletes and Officials who are selected and appointed, respectively, by the AOC to participate in and compete at a Games. Team Member means an Athlete or Official selected by the AOC as a member of a Team. Team Membership means either or both of the AOC’s Team Membership Agreement for Athletes Agreement and the AOC’s Team Membership Agreement for Officials issued by the AOC in respect of a Games which governs an Athlete’s or an Official’s participation in that Games. Team Sponsor means an entity or organisation which has entered into a sponsorship or similar arrangement with the AOC pursuant to which the entity or organisation has provided financial or other accommodation to the AOC in exchange for the AOC providing the entity or organisation with sponsorship rights and benefits. World Anti-Doping Code means the anti-doping code adopted and implemented by the World Anti- Doping Agency. Written Notice means notice in writing by letter, email or other written means of communication. Interpretation (a) Words not defined in this By-Law have the meaning ascribed to them in the AOC Constitution unless a contrary meaning appears from the context.

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(b) Unless the context otherwise requires, reference to: a clause is to a clause of this By-Law; the singular includes the plural and the converse also applies; persons include incorporated and unincorporated bodies, partnerships, joint ventures and associations and vice versa and their legal personal representatives, successors and permitted assigns and substitutes; and a party includes the party’s executors, administrators, successors and permitted assigns and substitutes. (c) If a person to whom this By-Law applies consists of more than one person, then this By- Law binds them jointly and severally. (d) A reference to time, day or date is to time, day or date of Sydney, Australia. (e) The meaning of general words is not limited by specific examples introduced by including, for example or similar expressions. (f) A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of the document or any part of it; (g) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning. (h) Headings are for convenience only and do not form part of this By-Law or affect its interpretation.

2 Application This By-Law applies to: (a) Athletes; (b) Officials; (c) NFs; and (d) the AOC.

3 NF Continuous Disclosure (a) Where an NF has a reasonable suspicion that an Athlete, Official, Team Member, Long List Member or Prospective Team Member has: engaged in conduct (whether publicly known or not), which: (A) has brought, brings or would have the tendency to bring, the individual or the individual’s sport into disrepute or censure; (B) is, or would have the tendency to be inconsistent with, contrary to, or prejudicial to the best interests, reputation or values of the AOC, or the Olympic Movement; or (C) indicates that the individual’s association with the AOC or the Olympic Movement would not be, or would not likely be, in the best interests of the Team, Long List, AOC or the Olympic Movement; or been convicted of, or charged with, any offence involving violence, alcohol or drugs, Child Abuse, any sex offence or offence relating to betting or gambling on sport, or any offence which is punishable by imprisonment,

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that NF must honestly and fully disclose all relevant information to the AOC as soon as reasonably practicable. (b) The information that an NF is required to disclose to the AOC pursuant to clause 3(a) includes, but is not limited to, information regarding: the individual concerned; the individual’s conduct; the circumstances surrounding the individual’s conduct; and the terms of any sanction imposed or proposed to be imposed by the NF in respect of such conduct.

4 Long List

NF Long List (a) For the purposes of identifying Prospective Team Members and assisting the AOC in the administration of Team Members only, an NF may, in respect of the sport for which it is the governing body (NF’s Sport), choose to recognise Athletes who are eligible for nomination by the NF to a Team, or who are eligible for selection by the AOC to a Team, by identifying those Athletes as members of the NF’s Long List. (b) Membership of an NF’s Long List does not increase, decrease or otherwise affect an Athlete’s prospects of being nominated by an NF, or being selected by the AOC, to a Team.

(a) For the purpose of identifying Prospective Team Members only, the AOC may choose to identify Athletes who are eligible for nomination by an NF to a Team, or who are eligible for selection by the AOC to a Team, by designating such Athletes as members of the AOC’s Long List. (b) The AOC may, in its absolute discretion: recognise an Athlete who is a member of the NF’s Long List as a member of the AOC’s Long List; and recognise an Athlete who is not a member of an NF’s Long List as a member of the AOC’s Long List. (c) Membership of the AOC’s Long List does not increase, decrease or otherwise affect an Athlete’s prospects of being nominated by an NF, or being selected by the AOC, to a Team.

5 Nomination of Athletes

General (a) Where pursuant to a Qualification System the AOC is awarded athlete quota positions for a sport contested at a Games, the NF governing that sport may nominate Athletes to the AOC for selection to the Team for that Games. (b) An NF may only make a nomination pursuant to clause 5.1(a) where the NF has adopted and is compliant with: a Member Protection Policy; and an anti-doping policy that:

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(A) conforms with the World Anti-Doping Code; and (B) conforms with the AOC Anti-Doping Policy. (c) In the event an NF elects to nominate an Athlete pursuant to clause 5.1(a), the NF must: only nominate the Athlete in accordance with the Nomination Criteria adopted by the NF pursuant to clause 5.2; and submit its nomination in accordance with the procedure set out in clause 5.3. (d) An NF may not nominate more Athletes than are permitted to be nominated under the Qualification System applying to the NF’s Sport. (e) An NF controlling a sport on the program of the Olympic Games or the Youth Olympic Games may nominate pursuant to 5.1(c) less Athletes than are permitted under the applicable Qualification System. (f) An NF controlling a sport on the program of the Olympic Winter Games or Winter Youth Olympic Games must nominate all Athletes permitted under the applicable Qualification System. (g) In the event an NF controlling a sport on the program of the Olympic Winter Games or Winter Youth Olympic Games elects to nominate less Athletes than are permitted under the Qualification System, the AOC may in its sole and absolute discretion nominate Athletes for selection to a Team in place of the NF, provided the AOC gives reasonable notice to the NF and: nominates Athletes in accordance with the Nomination Criteria adopted by the NF pursuant to clause 5.2; or where the NF has not adopted a Nomination Criteria pursuant to clause 5.2, the AOC nominates Athletes in accordance with a Nomination Criteria that is adopted by the AOC and that nomination criteria complies with the obligations set out in clause 5.2. (h) The AOC is not responsible for and assumes no liability in respect of any injury or illness suffered by an Athlete who is nominated by an NF for selection to a Team. (i) In the event the AOC makes a nomination pursuant to clause 5.1(g), the provisions of this clause 5 will apply, with references to the nominating NF will be taken to be references to the AOC in respect of such nomination.

Nomination Criteria (a) In order to nominate Athletes for selection to a Team for a Games pursuant to clause 5.1(a), an NF must adopt a Nomination Criteria that applies to the NF’s Sport for that Games. (b) Unless otherwise authorised by the AOC, a Nomination Criteria adopted by an NF must: be in a form acceptable to the AOC; comply with this By-Law; comply with the Qualification System applying to the NF’s Sport for the Games; include provisions which state: (A) how objective criteria, if included, will be assessed in determining the nomination of Athletes;

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(B) how subjective criteria, if included, will be assessed in determining the nomination of Athletes; and (C) how, where both objective and subjective criteria is included, the nomination of Athletes will be assessed according to both categories of criteria. (c) Prior to publication, an NF must submit its proposed Nomination Criteria in draft form to the AOC for approval by such date as is specified by the AOC. (d) The AOC may, in its absolute discretion, approve an NF’s draft Nomination Criteria and impose any terms or conditions of approval that the AOC sees fit. If an NF controlling a sport on the program of an Olympic Winter Games or Winter Youth Olympic Games fails to nominate an athlete who has qualified under the applicable Qualification System, the AOC, in its sole and absolute discretion, will determine whether the Athlete will be deemed to be nominated or proposed for the purpose of By-Law 2.1 to Rules 27 and 28 of the Olympic Charter. (e) Where the AOC forms a reasonable opinion that an NF’s draft Nomination Criteria requires amendment, the AOC must notify the NF of the required amendments. The NF must work collaboratively with the AOC in good faith to amend its draft Nomination Criteria to the satisfaction of the AOC. (f) Once approved by the AOC, an NF may not amend or otherwise alter its Nomination Criteria without the AOC’s prior written approval. (g) An NF must adopt a finalised Nomination Criteria by the latter of: 12 months prior to the first nomination event specified in the Nomination Criteria; or such other date as the AOC may in its absolute discretion determine for the NF’s Sport for the Games. (h) Once finalised, an NF must make its Nomination Criteria available to all Athletes participating in the NF’s Sport including by publishing the Nomination Criteria on the NF's website or some other publicly accessible domain.

Procedure for Nomination of Athletes (a) For each Games, the AOC Selection Committee must set a time and date by which NFs must submit Athlete nominations to the AOC Selection Committee (Nomination Date). The AOC Selection Committee must notify NFs of the Nomination Date. Each NF must inform each of the Athletes participating in the NF’s Sport of the Nomination Date. (b) The AOC Selection Committee may, in its absolute discretion, extend the Nomination Date for one or more NFs for any reason. (c) An NF must deliver notice to the AOC Selection Committee by the Nomination Date of each Nominated Athlete. Notice provided by an NF under this clause 5.3(c) must: include such particulars regarding Nominated Athletes as is requested by the AOC Selection Committee; and be accompanied by written confirmation signed by the Chief Executive of the NF (or equivalent) that each Nominated Athlete has met the NF’s Nomination Criteria.

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(d) The AOC Selection Committee may, in its absolute discretion, accept a nomination submitted after the Nomination Date where it is submitted by an NF as a result of an appeal brought in accordance with clause 9. (e) Each NF must provide written notice to the Athletes participating in the NF’s Sport of their nomination or non-nomination (as the case may be) by no later than: 48 hours prior to the Nomination Date, where such written notice would be received by the Athlete more than 14 days prior to the Sport Entries Deadline; or 24 hours prior to the Nomination Date, where such written notice would be received by the Athlete within 14 days of the Sport Entries Deadline, or such later date as the AOC advises the NF in accordance with clause 5.3(b).

6 Selection of Athletes

AOC Selection Committee (a) The AOC Selection Committee is solely responsible for selecting Nominated Athletes to a Team. (b) The AOC Selection Committee will be comprised of: the Chef de Mission; the Chief Executive of the AOC; and another member of the AOC Executive. (c) The AOC Selection Committee must adopt a Selection Criteria in respect of each Games.

Selection Requirements (a) Subject to clause 6.2(e), in respect of each Games, the AOC Selection Committee may only select a Nominated Athlete to the Team for a Games if the AOC Selection Committee is satisfied that the Nominated Athlete: has satisfied the Qualification System applying to the Athlete’s sport; has satisfied the Nomination Criteria applying to the Athlete’s sport and that the Nomination Criteria was properly applied by the NF in nominating the Athlete, or nominated by the AOC pursuant to clauses 5.1(f) and/or 5.2(d); has satisfied the Selection Criteria adopted by the AOC Selection Committee in respect of the Games; has signed and will comply with the Team Membership Agreement for Athletes for the Games; has not at any time engaged in conduct (whether publicly known or not) which has brought, brings or would have the tendency to bring the Nominated Athlete or the Athlete’s sport into disrepute or censure, or which is or would have the tendency to be inconsistent with, contrary to or prejudicial to the best interests, image or values of the AOC , or as a result of which the Athlete’s membership would not be or would not likely be in the best interests of the Team; has not at any time been convicted of, or charged with, any offence involving violence, alcohol or drugs, or any sex offence, or any offence relating to any betting or gambling activities on sport, or any offence which is punishable by imprisonment;

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has disclosed any criminal offence of whatever nature, with which the Athlete has been charged, or of which the Athlete has been convicted, and has consented to the Nominated Athlete’s NF and the AOC making enquiries to relevant authorities for any details of the Nominated Athlete’s criminal record (if any), including details of any charges pending or any spent convictions disclosable by law, and consents to those authorities providing that information in answer to those enquiries; has not breached the AOC Anti-Doping Policy, unless the Nominated Athlete has already been sanctioned for the breach and has completed the sanction imposed; has been available for sample collection for the purpose of conducting anti- doping testing and has provided accurate and up to date whereabouts information within the 3-strike policy allowed for athletes under the Code; has completed a medical assessment to the satisfaction of the AOC Selection Committee; and has honestly and fully disclosed to the Nominated Athlete’s NF and the AOC, and will continue to honestly and fully disclose until the end of the Games Period, information concerning any conduct that would cause an actual or potential breach of clauses 6.2(a)(i) to 6.2(a)(x), (collectively, the Selection Requirements). (b) The AOC Selection Committee has sole and absolute discretion to determine whether a Nominated Athlete has met the Selection Requirements set out in clause 6.2(a). (c) To enable the AOC Selection Committee to satisfy itself that a Nomination Athlete has met the Selection Requirements, upon request by the AOC Selection Committee, an NF must provide to the AOC Selection Committee any information that the NF has in its possession and control regarding a Nominated Athlete’s compliance with the Selection Requirements or about which it is aware. (d) Subject to clause 6.2(e), where the AOC Selection Committee is satisfied that a Nominated Athlete has met the requirements set out in clause 6.2(a), the AOC Selection Committee must select that Nominated Athlete to the Team for a Games (Selected Athletes). (e) Notwithstanding clause 6.2(a), where the AOC Selection Committee is not satisfied that a Nominated Athlete has met one or more of the Selection Requirements, the AOC Selection Committee may, in its absolute discretion, select that Nominated Athlete on the condition that the Nominated Athlete satisfy certain additional requirements by a date that is prior to the commencement of the Games Period, such additional requirements to be determined by the AOC in its absolute discretion and notified in writing to the Nominated Athlete. Where the AOC Selection Committee is satisfied that a Nominated Athlete has met all additional requirements imposed pursuant to this clause 6.2(e), the AOC Selection Committee may confirm the Nominated Athlete’s selection to the Team, at which time the Nominated Athlete will be deemed a Selected Athlete. (f) The AOC Selection Committee may amend the Selection Requirements (including by removing requirements or imposing additional requirements) at any time in its absolute discretion. The AOC Selection Committee must provide NFs with Written Notice of any amendments made to the Selection Requirements pursuant to this clause 6.2(f). An NF is responsible for notifying all Athletes participating in the NF’s Sport of any such amendments.

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Procedure for Selection of Athletes (a) The AOC Selection Committee must notify each NF of the Selected Athletes who participate in the NF’s Sport. (b) In respect of Athletes participating in the NF’s Sport, an NF must notify Selected Athletes of their selection and advise each Nominated Athlete not selected of their non-selection. (c) An NF may not publish or make public any information disclosed by the AOC to the NF regarding the selection of Athletes until advised by the AOC. An NF may not publish or make public any information relating to the selection of Athletes which the AOC has classified as confidential, or which a reasonable person in the position of the NF would recognise as confidential, at any time, except to the extent required by Law. (d) An NF must ensure its Athletes, directors, officers, employees, agents and contractors are bound to observe an obligation of confidentiality substantially similar to that which is set out in clause 6.3(c). (e) A Team Membership Agreement will not be effective in respect of a Selected Athlete until such time as it signed by the Selected Athlete.

7 Appointment of Officials

General (a) The AOC Selection Committee is solely responsible for appointing Officials to a Team and will make appointments in its absolute discretion. (b) The AOC Selection Committee will determine the number and type of Officials that will be appointed to a Team and allocated to each sport within that Team in its absolute discretion. The AOC Selection Committee may revise any decision made under this clause 7.1(b) at any time in its absolute discretion.

Recommendation by NF (a) An NF may recommend Officials to the AOC Selection Committee for appointment to the Team provided: the NF is an NF of a Selected Athlete; each Official who is recommended: (A) is a member of the NF, a member of an affiliated organisation of the NF or has entered into an employment or other contract for service with the NF; and (B) in the opinion of the NF based on reasonable grounds: is suitable and qualified to fill the required positions for the NF’s Sport in the Team; will work effectively and harmoniously with the Chef de Mission and Deputy Chef de Mission; and satisfies any standards for the appointment of officials adopted by the AOC from time to time. (b) Any recommendation made by an NF pursuant to clause 7.2(a) must be in the form prescribed by, or as otherwise acceptable to, the AOC Selection Committee and must include information to support that the relevant Official has satisfied the requirements set out in clause 7.2(a)(ii).

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Procedure for Appointment of Officials (a) The AOC Selection Committee may determine a date by which NFs must submit recommendations for Officials. The AOC Selection Committee may accept recommendations for Officials after this date in its absolute discretion. (b) The AOC Selection Committee must consider any recommendation made pursuant to clause 7.2(a) but is not obliged to appoint to a Team any Official recommended by an NF. (c) The AOC Selection Committee may only appoint Officials to a Team if the AOC Selection Committee is satisfied that: the requirements set out in clause 7.2 have been met; and the Official: (A) has signed and will comply with the Team Membership Agreement for Officials for the Games; (B) has, if required by the AOC Selection Committee, signed a statutory declaration in relation to: Child Abuse; compliance with the AOC Anti-Doping Policy or any other anti- doping policy or code as directed by the AOC; and any other matter that the AOC requires to be declared, from time to time; (C) has, if required, assisted ASADA in any anti-doping matter or investigation and will continue to do so if required, including by: fully and truthfully answering questions; attending interviews; disclosing information; producing documents; and (D) has, if required, satisfactorily completed a “Working with Children Check”, or any equivalent check as notified by the AOC. (d) The AOC Selection Committee has sole and absolute discretion to determine whether the requirements set out in clause 7.3(c) have been satisfied. (e) For each Games, the AOC Selection Committee must advise NFs of Selected Athletes of the Officials who have been appointed to the Team and who have been appointed to the NF’s Sport. (f) An Official who is not recommended for, or appointed to, a Team by the AOC Selection Committee has no right of appeal.

8 Priority of Documents To the extent of any inconsistency, the following documents shall be given the following descending order of precedence: (a) the AOC Constitution; (b) this By-Law; (c) the Selection Criteria;

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(d) an NF’s Nomination Criteria

9 Appeals

Definitions For the purposes of clause 9 only, the following definitions apply unless the context requires otherwise: Games means the Olympic Games and Olympic Winter Games. Nominated Athlete means any Athlete nominated by their NF for selection to a Team for a Games. Non-Nominated Athlete means any Athlete who is not nominated by their NF for selection to a Team for a Games. Non-Selected Athlete means any Athlete who is not selected by the AOC Selection Committee to a Team for a Games. Selected Athlete means any Athlete selected by the AOC Selection Committee to a Team for a Games. Team means the team of Athletes representing Australia at a Games.

Application For clarity, the appeal process set out in clause 9 applies to nomination and selection disputes for Teams of an Olympic Games and Olympic Winter Games only. The appeal process set out in clause 9 does not apply to nomination and selection disputes for teams of an Olympic Youth Games or Olympic Youth Winter Games.

Olympic Appeal Consultant (a) All Athletes, including Nominated Athletes, Non-Nominated Athletes, Selected Athletes and Non-Selected Athletes, are eligible to consult with an independent party appointed to provide advice to Athletes about the Appeal and Fast Track Appeal process (Olympic Appeal Consultant). (b) Pursuant to this By-Law, the Olympic Appeal Consultant is authorised to provide: advice about procedural aspects of the Appeal and Fast Track Appeal process, including but not limited to, advice regarding: (A) the operation of provisions under this By-Law which deal with: the nomination of Athletes; the selection of Athletes; and the Appeal and Fast Track Appeal process; (B) the costs involved in commencing and progressing an Appeal and Fast Track Appeal; (C) the prospects of a successful and unsuccessful Appeal and Fast Track Appeal; (D) Appeal and Fast Track Appeal success rates based on historical data; and information that is specific to the circumstances of the Athlete, including explanations in 'plain English' of:

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(A) the Nomination Criteria and Selection Criteria that applies to the Athlete; (B) where an Athlete is a Non-Nominated Athlete or a Non-Selected Athlete: the reasons for the Athlete's non-nomination or non-selection, as the case may be; and how that decision interacts with the Nomination Criteria or Selection Criteria that applies to the Athlete. (c) All correspondence, advice and information provided by the Olympic Appeal Consultant to an Athlete must be: kept confidential; and cost-free to the Athlete. (d) By way of this By-Law, an Athlete who seeks information or advice from the Olympic Appeal Consultant acknowledges and irrevocably declares that neither the AOC nor the NF is liable for any loss or damage caused to the Athlete due to any information or advice provided, or not provided, to the Athlete by the Olympic Appeal Consultant.

Appeal Categories (a) A Non-Nominated Athlete may appeal against their non-nomination (Nomination Appeal) in accordance with the procedure set out in clause 9.6. A Nominated Athlete has no right of appeal in respect of their nomination or non-nomination to a particular event or discipline within the programme of a Games. (b) A Non-Selected Athlete may appeal against their non-selection (Selection Appeal) in accordance with the procedure set out in clause 9.7. (c) For clarity, the procedures set out in clauses 9.6 to 9.8 (inclusive) do not apply in respect of Fast Track Appeals, in which case the procedure set out in clause 9.9 will apply.

General Rules (a) No later than 6 months prior to the commencement of the Games Period for a Games, the AOC will provide each NF with a list of individuals who are available to sit on an Appeal Tribunal convened in accordance with clause 9.6(b)(v). The list of individuals must include, at minimum: 3 individuals who are solicitors or barristers qualified to practice law in Australia and who could serve as Chairperson; and 3 individuals who are experienced in Nomination Appeals and Selection Appeals. The AOC is responsible for amending or updating the list of individuals provided under this clause 9.5(a) if required, and notifying NFs of any such amendments or updates. (b) In the event that two or more Appeals or Fast Track Appeals are brought under this clause and it appears to an Appeal Forum that: the Appeals or Fast Track Appeals involve a common question, sport, team, Athlete or NF; or the relief claimed in them are in respect of, or arise out of, the same instance of nomination or selection; or there is some other reason for it being desirable to have the Appeals or Fast Track Appeals consolidated,

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the Appeals or Fast Track Appeals must, so far as practicable, be consolidated and heard together and the Athletes involved in the Appeals or Fast Track Appeals must provide reasonable assistance to the Appeal Forum to achieve this outcome. (c) An Appeal Forum may in its absolute discretion identify a person who is interested in the outcome of an Appeal or Fast Track Appeal as an Affected Party. An Appeal Forum must inform a person of his or her identification as an Affected Party. (d) Unless otherwise determined by an Appeal Forum, an Affected Party: must receive notice of the Appeal or Fast Track Appeal from the Appellant; must be given the opportunity to make submissions in the Appeal or Fast Track Appeal and give evidence; must receive a copy of the award handed down by the Appeal Forum; and will be bound by any such award. (e) An Affected Party may appeal a decision or award that is made by an Appeal Forum in an Appeal or Fast Track Appeal for which it is an Affected Party. (f) A person who receives notice from an Appeal Forum of his or her identification as an Affected Party pursuant to clause 9.5(c) may decline his or her identification as an Affected Party, in which case that person will automatically waive the rights set out in clauses 9.5(d) and 9.5(e). (g) The AOC is an Affected Party for the purposes of clause 9.5(c) for all Appeals or Fast Track Appeals heard by the CAS.

Nomination Appeal (a) Alternative Dispute Resolution A Non-Nominated Athlete must not commence a Nomination Appeal in an Appeal Tribunal unless the provisions of this clause 9.6(a) have been complied with. Within 48 hours of the time that a Non-Nominated Athlete receives notice of their non-nomination, the Non-Nominated Athlete must provide Written Notice to the Chief Executive of their NF that the Non-Nominated Athlete disputes their non- nomination. The Non-Nominated Athlete must provide reasons to support their notice of dispute. Within 24 hours of the Chief Executive of the NF receiving a Non-Nominated Athlete’s notice of dispute in accordance with clause 9.6(a)(ii), the Chief Executive of the NF must provide the Non-Nominated Athlete with a written statement of the NF’s reasons for not nominating the Non-Nominated Athlete. Within 24 hours of a Non-Nominated Athlete receiving the NF’s written statement in accordance with clause 9.6(a)(iii), the Non-Nominated Athlete must provide a written response to the Chief Executive of the NF which articulates whether the Non-Nominated Athlete intends to proceed to a hearing of their Nomination Appeal in accordance with clause 9.6(b). The parties must use their best endeavours, acting in good faith, to resolve the dispute through communication in accordance with clause 9.6(a), such communication to be made on a without prejudice basis and kept confidential between the parties. If the dispute is not resolved within 3 Business Days of the Non-Nominated Athlete providing Written Notice to the NF in accordance with clause 9.6(a)(ii) (or

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longer, if agreed between the parties), then the Non-Nominated Athlete may proceed to a hearing of their Nomination Appeal in accordance with clause 9.6(b). (b) First Instance Appeal to Appeal Tribunal Subject to clause 9.6(b)(ix)(G), a Nomination Appeal must be heard by an Appeal Tribunal in the first instance. A Non-Nominated Athlete may bring a Nomination Appeal to an Appeal Tribunal for hearing on one or more of the following grounds: (A) in making its decision, the NF did not satisfy one or more of the requirements set out in clause 5.3; (B) the applicable Nomination Criteria was not properly applied by the Non- Nominated Athlete’s NF; (C) the NF was affected by actual bias in making its decision with respect to the Non-Nominated Athlete; and (D) there was no material on which the NF’s decision could be reasonably based. A Non-Nominated Athlete wishing to pursue a hearing of a Nomination Appeal by an Appeal Tribunal must produce a written application to commence a Nomination (A) identifies the ground or grounds on which the Nomination Appeal is brought; and (B) encloses a non-refundable sum of AUD$250.00 payable to the NF. An Appellant must serve a copy of their Nomination Appeal Application on the Chief Executive of the NF and the AOC on the same date, being not more than 24 hours after the date on which the period referred to in clause 9.6(a)(vi) expires. Within 24 hours of the Chief Executive of the NF receiving the Appellant’s Nomination Appeal Application, the NF must convene an Appeal Tribunal to hear the Appellant’s Nomination Appeal. The Appeal Tribunal must be composed of the following individuals, selected by the NF: (A) from among the list of individuals provided by the AOC in accordance with clause 9.5(a): a Chairperson; one individual who is a qualified legal practitioner; and (B) of the NF’s own choosing, an individual who possesses a thorough knowledge of the NF’s Sport. A person may not be appointed to an Appeal Tribunal by an NF if that individual: (A) is a member of the Board of the NF; (B) was directly involved in the NF’s decision to not nominate the Appellant; (C) is personally interested in the outcome of the Nomination Appeal; or (D) would not for any other reason be considered by a reasonable person to be an impartial member of the Appeal Tribunal.

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The Appellant or an Affected Party may dispute one or more members appointed by an NF to an Appeal Tribunal, such disputes to be determined by the Chairperson sitting alone and in the event the appointment of the Chairperson is the subject of the dispute, by the Chief Executive of the AOC. The following rules apply in relation to the hearing of a Nomination Appeal by an Appeal Tribunal: (A) The onus is on the Appellant to establish, to the reasonable satisfaction of the Appeal Tribunal, that the decision of the NF to not nominate the Appellant is reviewable, based on one or more of the grounds of appeal set out in clause 9.6(b)(ii). (B) Decisions of the Appeal Tribunal, including its determination regarding the outcome of the Nomination Appeal, will be made according to the opinions of the majority. Where the Appeal Tribunal is equally divided in opinion, the decision will be made according to the opinion of the Chairperson. (C) The rules of natural justice must be observed. (D) The hearing must be conducted with as little formality and technicality, and with as much expedition, as the requirements of the matters at hand permit. (E) Hearings may take place in the manner that is determined by the Chairperson, including by telephone or teleconference. (F) The parties to a hearing may have legal representation. The following rules apply in relation to the determination of a Nomination Appeal by an Appeal Tribunal: (A) An Appeal Tribunal may uphold or dismiss a Nomination Appeal. (B) Subject to clause 9.6(b)(ix)(C), where an Appeal Tribunal determines to uphold a Nomination Appeal, the Appeal Tribunal must refer the decision regarding the Appellant’s non-nomination back to the Appellant’s NF for reconsideration and redetermination. (C) Notwithstanding clause 9.6(b)(ix)(B), the Appeal Tribunal may itself determine the issue of the Appellant’s nomination where the Appeal Tribunal determines that: it would be impractical to refer the issue of the Appellant’s non- nomination back to the NF in the time available; or in making its original decision, the NF had such disregard for proper application of the Nomination Criteria that a reasonable person would apprehend that it is unlikely that the Nomination Criteria would be applied properly by the NF if the decision regarding the Appellant’s non-nomination was referred back to the NF. (D) Prior to making a determination under clause 9.6(b)(ix)(C), the Appeal Tribunal must advise the parties and all Affected Parties (if any) that the Appeal Tribunal intends to make such a determination and provide the parties with a reasonable opportunity to make submissions in relation to the Appeal Tribunal’s proposed determination. The Appeal Tribunal must

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give proper consideration to any submissions it receives pursuant to this clause 9.6(b)(ix)(D). (E) The Appeal Tribunal must provide Written Notice to the parties of its determination regarding the outcome of the Nomination Appeal as soon as reasonably practicable after the conclusion of the hearing and in any event within 3 Business Days of the conclusion of the hearing. The Appeal Tribunal must provide the parties with a statement of the reasons for its determination within 3 Business Days of notifying the parties of its determination. (F) The determination of an Appeal Tribunal is final and binding on the parties and, subject only to an appeal to the Appeals Arbitration Division of CAS (the CAS) pursuant to clause 9.6(c), neither party may institute proceedings in any other court or tribunal. For the avoidance of doubt, without restricting the generality of the provisions of the Commercial Arbitration Act 2010 (NSW), the parties agree that neither party will have the right of appeal under sections 34 or 34A or to apply for the determination of a question of law under section 27J of the Commercial Arbitration Act 2010 (NSW) or equivalent legislation in any of the Australian States or Territories. (G) Where the Appeal Tribunal refers the decision regarding the Appellant’s non-nomination back to the Appellant’s NF in accordance with clause 9.6(b)(ix)(B), the NF must observe the principles of natural justice. Any decision made by the NF regarding the Appellant’s nomination after such referral, is final and binding on the Appellant, subject only to the Appellant commencing an appeal to the CAS in accordance with clause 9.6(c). (c) Second Instance Appeal to CAS A Non-Nominated Athlete may appeal: (A) a determination made by an Appeal Tribunal in accordance with clause 9.6(b)(ix); and (B) a decision made by an NF after the question of non-nomination is referred back to the NF by an Appeal Tribunal in accordance with clause 9.6(b)(ix)(G), (both the Appeal Tribunal’s determination and the NF’s decision, the Impugned Decision),

A Non-Nominated Athlete may bring a Nomination Appeal to the CAS on one or more of the following grounds: (A) in making the Impugned Decision, the Appeal Tribunal or the NF, as the case may be, did not observe the rules of natural justice; and (B) the Impugned Decision was in error on a question of law. A Non-Nominated Athlete wishing to pursue a hearing of a Nomination Appeal by the CAS must: (A) within 48 hours of the Non-Nominated Athlete receiving Written Notice of the Impugned Decision, provide Written Notice to: the Chief Executive of their NF; and the Chief Executive of the AOC,

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that the Non-Nominated Athlete intends to appeal the Impugned Decision; (B) by no later than 3 Business Days after providing Written Notice in accordance with clause 9.6(c)(iii)(A) (or such other amount of time as the CAS may allow): file a CAS Application Form with the CAS Oceania Registry that sets out the grounds of appeal to the CAS; and pay the non-refundable filing fee of CHF500 to the CAS. For clarity, an extension of time may be granted under this clause 9.6(c)(iii)(B) only in extenuating circumstances outside the control of the Non-Nominated Athlete concerned; and (C) within 24 hours of filing their CAS Application Form with the CAS Oceania Registry, the Non-Nominated Athlete must provide a copy of their CAS Application Form to their NF, the AOC and any Affected Party. The rules set out in clauses 9.8(a) and 9.8(b) apply with respect to the hearing and determination of a Nomination Appeal by the CAS.

Selection Appeal (a) Alternative Dispute Resolution A Non-Selected Athlete must not commence a Selection Appeal in the CAS unless the provisions of this clause 9.7(a) have been complied with. Within 48 hours of the time that a Non-Selected Athlete receives notice of their non-selection, the Non-Selected Athlete must provide Written Notice to the Chief Executive of the AOC that the Non-Selected Athlete disputes their non-selection. The Non-Selected Athlete must provide reasons to support their notice of dispute. Within 24 hours of the Non-Selected Athlete providing Written Notice to the Chief Executive of the AOC in accordance with clause 9.7(a)(ii), the Chief Executive of the AOC must provide the Non-Selected Athlete with a written statement of the AOC’s reasons supporting the non-selection of the Non-Selected Athlete. Within 24 hours of a Non-Selected Athlete receiving the AOC’s written statement in accordance with clause 9.7(a)(iii), the Non-Selected Athlete must provide a written response to the Chief Executive of the AOC which articulates whether the Non-Selected Athlete intends to proceed to a hearing of their Selection Appeal in accordance with clause 9.7(b). The parties must use their best endeavours, acting in good faith, to resolve the dispute through communication in accordance with this clause 9.7(a), made on a without prejudice basis and kept confidential between the parties. If the selection dispute is not resolved within 3 Business Days of the Non- Selected Athlete providing Written Notice to the NF in accordance with clause 9.7(a)(ii) (or longer, if agreed between the parties), then the Non-Selected Athlete may proceed to a hearing of their Selection Appeal by the CAS in accordance with clause 9.7(b). (b) First and final instance appeal to the CAS A Selection Appeal must be heard by the CAS in the first instance.

Olympic Team Selection By-Law / 30 August 2018 20

A Non-Selected Athlete may bring a Selection Appeal to the CAS for hearing on one or more of the following grounds: (A) in making its decision, the AOC did not satisfy one or more of the requirements set out in clause 6.3; (B) the Selection Criteria was not properly applied by the AOC with respect to the Non-Selected Athlete; (C) the Non-Selected Athlete was not afforded a reasonable opportunity by the AOC to satisfy the Selection Criteria; (D) the AOC was affected by actual bias in making its decision to not select the Non-Selected Athlete; and (E) there was no material on which the AOC’s decision could be reasonably based. A Non-Selected Athlete wishing to pursue a hearing of a Selection Appeal by the CAS must, within 24 hours of the expiry of the period referred to in clause 9.7(a)(vi) (or within such time as the CAS may allow): (A) provide Written Notice that the Non-Selected Athlete intends to pursue an appeal to the CAS to: the Chief Executive of their NF; and the Chief Executive of the AOC; (B) file a CAS Application Form with the CAS Oceania Registry that sets out the grounds of appeal relied on by the Non-Selected Athlete; and (C) pay the non-refundable filing fee of CHF500 to the CAS. For clarity, an extension of time may be granted by the CAS under this clause only in extenuating circumstances outside the control of the Non-Selected Athlete concerned. Within 24 hours of filing their CAS Application Form, the Non-Selected Athlete must provide a copy of their CAS Application Form to the AOC and any Affected Party. The rules set out in clauses 9.8(a) and 9.8(c) apply with respect to the hearing and determination of a Selection Appeal by the CAS.

CAS Procedural Rules (a) The following rules apply in relation to the hearing of an Appeal by the CAS: Subject to the Olympic Charter and this By-Law, any Appeal to the CAS under this By-Law must be resolved by the Appeals Arbitration Division of CAS, according to the CAS Code and applying the law of New South Wales. All Appeals to CAS will be heard by a panel of arbitrators which will be comprised of three arbitrators, unless the parties agree to a sole arbitrator hearing the Appeal pursuant to Rule 50 of the CAS Code. The parties are deemed to consent to the following aspects of an Appeal being made public: (A) the grounds of appeal; (B) the names of the arbitrators;

Olympic Team Selection By-Law / 30 August 2018 21

(C) the date of the hearing; (D) the award; and (E) the reasons supporting the award. The power of the CAS panel of arbitrators to review the facts and the law pursuant to Rule 57 of the CAS Code will be initially limited to determining whether the Appellant has made out one or more of the grounds of appeal. (b) The following rules apply in relation to the determination of a Nomination Appeal by the CAS: The CAS may uphold or dismiss a Nomination Appeal. Subject to clause 9.8(b)(iii), where the CAS determines to uphold a Nomination Appeal, the CAS must refer the decision regarding the Appellant’s non- nomination back to the Appellant’s NF for reconsideration and redetermination. Notwithstanding clause 9.8(b)(ii), the CAS may itself determine the issue of the Appellant’s nomination where: (A) the CAS determines that: it would be impractical to refer the issue of the Appellant’s non- nomination back to the NF in the time available; or in making its original decision, the NF had such disregard for the proper application of the Nomination Criteria that a reasonable person would apprehend that it is unlikely that the Nomination Criteria would be applied properly by the NF if the decision regarding the Appellant’s non-nomination was referred back to the NF; and (B) prior to making its determination under clause 9.8(b)(iii), the CAS advises the parties and all Affected Parties (if any) that the Appeal Tribunal intends to itself determine the issue of the Appellant’s nomination provides the parties with a reasonable opportunity to make submissions in relation to its proposed determination. The CAS must give proper consideration to any submissions it receives pursuant to this clause 9.8(b)(iii)(B). Where CAS refers the decision regarding the Appellant’s non-nomination back to the Appellant’s NF in accordance with clause 9.8(b)(iii), any decision made by the NF regarding the Appellant’s nomination after such referral is final and binding on the Appellant. (c) The following rules apply in relation to the determination of a Selection Appeal by the CAS: Subject to clause 9.8(c)(ii), where the CAS determines to uphold a Selection Appeal, the CAS must refer the decision regarding the Appellant’s non-selection back to the AOC for reconsideration and redetermination. Notwithstanding clause 9.8(c)(i), the CAS may itself determine the issue of the Appellant’s selection where: (A) the CAS determines that: it would be impractical to refer the issue of the Appellant’s non- selection back to the AOC in the time available; or

Olympic Team Selection By-Law / 30 August 2018 22

in making its original decision, the AOC had such disregard for the proper application of the Selection Criteria that a reasonable person would apprehend that it is unlikely that the Selection Criteria would be applied properly by the AOC if the decision regarding the Appellant’s non-selection was referred back to the AOC; and (B) prior to making its determination under clause 9.8(c)(ii), the CAS advises the parties and all Affected Parties (if any) that the CAS intends to itself determine the issue of the Appellant’s selection and provides the parties with a reasonable opportunity to make submissions in relation to its proposed determination. The CAS must give proper consideration to any submissions it receives pursuant to this clause 9.8(c)(ii)(B). Where CAS refers the decision regarding the Appellant’s non-selection back to the AOC in accordance with clause 9.8(c)(i), any decision made by the AOC regarding the Appellant’s selection after such referral is final and binding on the Appellant. The award handed down by the CAS with respect to an Appeal is final and binding on the parties, subject only to any right of appeal available to an Appellant under the CAS Code, and it is agreed that neither party may institute or maintain proceedings in any court or tribunal other than CAS. In particular, and without restricting the generality of the provisions of the Commercial Arbitration Act 2010 (NSW), neither party will have the right of appeal under sections 34 or 34A or to apply for the determination of a question of law under section 27J of the Commercial Arbitration Act 2010 (NSW) or equivalent legislation in any of the Australian States or Territories.

Fast Track Appeal Process (a) Where, within 14 days of the Sport Entries Deadline: a Non-Nominated Athlete receives notice of their non-nomination; or a Non-Selected Athlete receives notice of their non-selection, the Non-Nominated Athlete or the Non-Selected Athlete, as the case may be, may bring a Fast Track Appeal to the CAS in accordance with the Fast Track Appeal Process set out in this clause 9.9. (b) Procedure for commencement of Nomination Fast Track Appeal A Non-Nominated Athlete may bring a Nomination Fast Track Appeal to the CAS only on one or more of the following grounds: (A) in making its decision, the NF did not satisfy one or more of the requirements set out in clause 5.3; (B) the applicable Nomination Criteria was not properly applied by the Non- Nominated Athlete’s NF; (C) the NF was affected by actual bias in making its decision with respect to the Non-Nominated Athlete; and (D) there was no material on which the NF’s decision could be reasonably based.

Olympic Team Selection By-Law / 30 August 2018 23

A Non-Nominated Athlete wishing to pursue a hearing of their Nomination Fast Track Appeal must, within 24 hours of receiving notice of their non-nomination, (or within such time as the CAS may allow) provide the Chief Executive of their NF and the Chief Executive of the AOC with Written Notice that the Non- Nominated Athlete intends to pursue a Nomination Fast Track Appeal to the CAS. Within 24 hours of the NF receiving Written Notice of the Non-Nominated Athlete’s intention to pursue a Fast Track Appeal in accordance with clause 9.9(b)(ii), the NF must provide the Non-Nominated Athlete with a written statement of the NF’s reasons supporting the non-nomination of the Non- Nominated Athlete. Within 24 hours of receipt of the NF’s written statement in accordance with clause 9.9(b)(iii), the Non-Nominated Athlete must: (A) where the Non-Nominated Athlete does not intend to pursue a Nomination Fast Track Appeal, provide Written Notice to the NF articulating that intention; or (B) where the Non-Nominated Athlete does intend to pursue a Nomination Fast Track Appeal: file a CAS Application Form with the CAS Oceania Registry that sets out the grounds of appeal relied on by the Non-Nominated Athlete; and pay the non-refundable filing fee of CHF500 to the CAS. For clarity, an extension of time may be granted by the CAS under this clause only in extenuating circumstances outside the control of the Non-Nominated Athlete concerned. Within 24 hours of filing their CAS Application Form with the CAS Oceania Registry, the Non-Nominated Athlete must provide a copy of their CAS Application Form to the NF, AOC and any Affected Party. By no later than 24 hours after receipt of the Non-Nominated Athlete’s CAS Application Form, the NF and any Affected Parties may respond to the Non- Nominated Athlete’s grounds of appeal with written submissions to the CAS. The NF and any Affected Parties must file their submissions with the CAS Oceania Registry. (c) Procedure for commencement of Selection Fast Track Appeal A Non-Selected Athlete may bring a Selection Fast Track Appeal to the CAS only on one or more of the following grounds: (A) in making its decision, the AOC did not satisfy one or more of the requirements set out in clause 6.3; (B) the Selection Criteria was not properly applied by the AOC with respect to the Non-Selected Athlete; (C) the Non-Selected Athlete was not afforded a reasonable opportunity by the AOC to satisfy the Selection Criteria; (D) the AOC was affected by actual bias in making its decision to not select the Non-Selected Athlete; and

Olympic Team Selection By-Law / 30 August 2018 24

(E) there was no material on which the AOC’s decision could be reasonably based. A Non-Selected Athlete wishing to pursue a hearing of their Selection Fast Track Appeal must, within 24 hours of receiving notice of their non-selection, (or within such time as the CAS may allow) provide the Chief Executive of the AOC with Written Notice that the Non-Selected Athlete intends to pursue a Selection Fast Track Appeal to the CAS. Within 24 hours of the AOC receiving Written Notice of the Non-Selected Athlete’s intention to pursue a Selection Fast Track Appeal in accordance with clause 9.9(c)(ii), the AOC must provide the Non-Selected Athlete with a written statement of the AOC’s reasons supporting the non-selection of the Non-Selected Athlete. Within 24 hours of receipt of the AOC’s written statement in accordance with clause 9.9(c)(iii), the Non-Selected Athlete must: (A) where the Non-Selected Athlete does not intend to pursue a Selection Fast Track Appeal, provide Written Notice to the NF articulating that intention; or (B) where the Non-Selected Athlete does intend to pursue a Selection Fast Track Appeal: file a CAS Application Form with the CAS Oceania Registry that sets out the grounds of appeal relied on by the Non-Selected Athlete; and pay the non-refundable filing fee of CHF500 to the CAS. For clarity, an extension of time may be granted by the CAS under this clause only in extenuating circumstances outside the control of the Non-Selected Athlete concerned. Within 24 hours of filing their CAS Application Form with the CAS Oceania Registry, the Non-Selected Athlete must provide a copy of their CAS Application Form to the AOC and any Affected Party. By no later than 24 hours after receipt of the Non-Selected Athlete’s CAS Application Form, the AOC and any Affected Parties may respond to the Non- Selected Athlete’s grounds of appeal with written submissions to the CAS. The AOC and any Affected Parties must file their submissions with the CAS Oceania Registry. (d) Procedure for hearing of a Fast Track Appeal The following rules apply in relation to the hearing of a Fast Track Appeal by the CAS: (A) Subject to the Olympic Charter and this By-Law, any Fast Track Appeal to the CAS must be exclusively resolved by the Appeals Arbitration Division of CAS, according to the CAS Code and applying the law of New South Wales. (B) All Fast Track Appeals to CAS will be heard by a sole arbitrator; (C) The parties are deemed to consent to the following aspects of a Fast Track Appeal being made public:

Olympic Team Selection By-Law / 30 August 2018 25

the grounds of appeal; the names of the arbitrators; the date of the hearing; the award; and the reasons supporting the award. (D) The power of the CAS arbitrator to review the facts and the law pursuant to Rule 57 of the CAS Code will be initially limited to determining whether the Appellant has made out one or more of the grounds of appeal. (e) Procedure for determination of a Fast Track Appeal The CAS may uphold or dismiss a Fast Track Appeal. With respect to the determination of a Nomination Fast Track Appeal: (A) Subject to clause 9.9(e)(ii)(B), where the CAS determines to uphold a Nomination Appeal in the Fast Track Appeal Process, the CAS must refer the decision regarding the Appellant’s non-nomination back to the Appellant’s NF for reconsideration and redetermination. (B) Notwithstanding clause 9.9(e)(ii)(A), the CAS may itself determine the issue of the Appellant’s nomination where the CAS determines that: it would be impractical to refer the issue of the Appellant’s non- nomination back to the NF in the time available; or in making its original decision, the NF had such disregard for the proper application of the Nomination Criteria that a reasonable person would apprehend that it is unlikely that the Nomination Criteria would be applied properly by the NF if the decision regarding the Appellant’s non-nomination was referred back to the NF. (C) Prior to making a determination under clause 9.9(e)(ii)(A), the CAS must advise the parties and all Affected Parties (if any) that the CAS intends to itself determine the issue of the Appellant’s nomination and provides the parties and any Affected Parties with a reasonable opportunity to make submissions in relation to its proposed determination. The CAS must give proper consideration to any submissions it receives pursuant to this clause 9.9(e)(ii)(C). (D) Where CAS refers the decision regarding the Appellant’s non-nomination back to the Appellant’s NF in accordance with clause 9.9(e)(ii)(B), any decision made by the NF regarding the Appellant’s nomination after such referral, is final and binding on the Appellant and there is no further right of appeal. With respect to the determination of a Selection Fast Track Appeal: (A) Subject to clause 9.9(e)(iii)(B), where the CAS determines to uphold a Selection Appeal, the CAS must refer the decision regarding the Appellant’s non-selection back to the AOC for reconsideration and redetermination. (B) Notwithstanding clause 9.9(e)(iii)(A), the CAS may itself determine the issue of the Appellant’s selection where the CAS determines that:

Olympic Team Selection By-Law / 30 August 2018 26

it would be impractical to refer the issue of the Appellant’s non- selection back to the AOC in the time available; or in making its original decision, the AOC had such disregard for the proper application of the Selection Criteria that a reasonable person would apprehend that it is unlikely that the Selection Criteria would be applied properly by the AOC if the decision regarding the Appellant’s non-selection was referred back to the AOC. (C) Prior to making a determination under clause 9.9(e)(iii)(A), the CAS must advise the parties and all Affected Parties (if any) that the CAS intends to itself determine the issue of the Appellant’s selection and provide the parties with a reasonable opportunity to make submissions in relation to its proposed determination. The CAS must give proper consideration to any submissions it receives pursuant to this clause 9.9(e)(iii)(C). (D) Where CAS refers the decision regarding the Appellant’s non-selection back to the AOC in accordance with clause 9.9(e)(iii)(B), any decision made by the AOC regarding the Appellant’s nomination after such referral, is final and binding on the Appellant and any Affected Parties. There is no further right of appeal. The award handed down by the CAS with respect to a Fast Track Appeal is final and binding on the parties, subject only to any right of appeal available to an Appellant under the CAS Code, and it is agreed that neither party may institute or maintain proceedings in any court or tribunal other than CAS. In particular, and without restricting the generality of the provisions of the Commercial Arbitration Act 2010 (NSW), neither party will have the right of appeal under sections 34 or 34A or to apply for the determination of a question of law under section 27J of the Commercial Arbitration Act 2010 (NSW) or equivalent legislation in any of the Australian States or Territories.

Costs and Expenses of Appeal Process (a) In accordance with Rule 64 of the CAS Code, in respect of an Appeal, the provisions set out in this clause 9.10(a) apply with regard to the costs of the Appeal. Appeal to a sole arbitrator (A) The party instituting the Appeal must pay the CAS application fee of CHF1000 to the CAS. (B) Where the parties have agreed to have their Appeal determined by a sole arbitrator, the AOC will pay the CAS Costs which, by agreement between CAS and the AOC, are fixed at AUD$2,500. (C) If such an appeal heard by a sole arbitrator is upheld, the AOC will reimburse the application fee of CHF1000 to the party who paid it. (D) If such an appeal heard by a sole arbitrator is dismissed, the AOC will not reimburse the application fee and, in its absolute discretion, the AOC may also require the unsuccessful party to repay to the AOC one half of the CAS Costs referred to in clause 9.10(a)(i)(B), namely AUD$1,250. Appeal to a panel of arbitrators

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(A) The party instituting the Appeal must pay the CAS application fee of CHF1000 to the CAS. (B) Where the parties do not agree to a sole arbitrator pursuant to clause 9.8(a)(ii), the AOC will contribute the sum of AUD$2,500 towards the CAS Costs and the parties will, subject to any award of CAS to the contrary, be liable to pay to CAS, in equal shares, any CAS Costs in excess of AUD$2,500. (C) In the event that the CAS requires payment in advance of the estimated CAS Costs, the parties shall make such advance payment in equal shares. (D) As part of its award in respect of any appeal heard by a panel of three arbitrators, the CAS may make a ruling regarding the payment of the CAS Costs in excess of AUD$2,500 including a ruling that one party reimburse to the other party on account of estimated CAS Costs. (E) If such an appeal heard by a panel of three arbitrators is upheld, the AOC will reimburse the application fee of CHF1,000 to the party who paid it. (F) If such an appeal heard by a panel of three arbitrators is dismissed, the AOC will not reimburse the application fee and, in its absolute discretion, the AOC may also require the unsuccessful party to repay to the AOC one half of the contribution towards the CAS Costs which the AOC has made pursuant to clause 9.10(a)(ii)(B) namely a reimbursement of AUD$1,250. (b) In accordance with Rule 64 of the CAS Code, with respect to a Fast Track Appeal, the provisions set out in this clause 9.10(b) apply with regard to the costs of the Fast Track Appeal. Where a Fast Track Appeal is resolved by the Fast-Track Appeal Process, the Athlete must pay half the CAS application fee, being the sum of CHF500. The NF must pay the remaining half of the CAS application fee, being the sum of CHF500. The AOC will contribute the sum of AUD$2,500 towards the CAS Costs and the parties will, subject to any award of CAS to the contrary, be liable to pay to CAS, in equal shares, any CAS Costs in excess of AUD$2,500. In the event that the CAS requires payment in advance of the estimated CAS Costs, the parties shall make such advance payment in equal shares. (c) Award of Costs In any Appeal or Fast Track Appeal heard by the CAS, the costs of the successful party will be limited to the sum of AUD$5,000. In exercising its discretion with respect to making an award of costs, the CAS may have regard to: (A) the extent to which the Appellant consulted with an Olympic Appeal Consultant before commencing his or her Appeal or Fast Track Appeal; (B) the extent to which the NF cooperated with, and provided reasonable assistance to, the Olympic Appeal Consultant consulting the Appellant, if any;

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(C) the extent to which any party incurred excessive costs relative to the matter at hand (including with respect to the level of legal representation engaged by any party); (D) the extent to which any party failed to observe a ruling or direction by the CAS; (E) the extent to which any party failed to properly disclose to any other party, matters of factual or legal relevance; (F) the matters referred to in Rule 64.5 of the CAS Code; and (G) any other matter that the CAS determines in its absolute discretion to be relevant.

Other Appeals (a) Subject to clause 9.11(b), there is no right of appeal for an Athlete who is not nominated by their NF to: a team for: (A) a Youth Olympic Games; or (B) a Winter Youth Olympic Games; or any other games or Competition for which the AOC selects a team of Athletes. (b) An Athlete may appeal their non-nomination to a team pursuant to clause 9.11(a), if each party to the appeal, including the NF, the AOC and any Affected Party, provides their written consent, such appeal to be brought on the grounds set out in clause 9.6(b)(ii) and heard by the CAS in accordance with the procedure set out in clauses 9.6(c)(iii) or, where an Athlete receives notice of their non-nomination within 14 days of the Sport Entries Deadline for the relevant games or Competition, in accordance with clause 9.9(b). (c) With respect to the determination of an appeal pursuant to this clause: The CAS may uphold or dismiss the appeal. Subject to clause 9.11(c)(iii), where the CAS determines to uphold the appeal, the CAS must refer the decision regarding the Appellant’s non-nomination back to the Appellant’s NF for reconsideration and redetermination. Notwithstanding clause 9.11(c)(ii), the CAS may itself determine the issue of the Appellant’s nomination where the CAS determines that it would be impractical to refer the issue of the Appellant’s non-nomination back to the NF in the time available. Any award handed down by the CAS pursuant to clause 9.11(c) is final and binding on the parties and the Appellant will have no further right to appeal the award. Where the CAS refers the decision regarding the Appellant’s non-nomination back to the Appellant’s NF in accordance with clause 9.11(c)(ii), any decision made by the NF regarding the Appellant’s nomination after such referral, is final and binding on the Appellant and there is no further right of appeal. (d) There is no right of appeal for an Athlete who is not selected by the AOC to a team pursuant to clause 9.11(a).

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10 Indemnity (a) Each NF must indemnify the AOC and its directors, officers, employees, servants and agents from and against all claims, demands, actions, proceedings, costs and expenses (including reasonable legal costs calculated on a solicitor and client basis) and liability to third parties arising out of or incidental to any breach of this By-Law by the NF. (b) The AOC must indemnify each NF and its directors, officers, employees, servants and agents from and against all claims, demands, actions, proceedings, costs and expenses (including reasonable legal costs calculated on a solicitor and client basis) and liability to third parties arising out of or incidental to any breach of this By-Law by the AOC.

11 Governing Law This By-Law is governed by the laws of the State of New South Wales.

ADOPTED as a By-Law of the AOC by the Executive on 1 February 2002 AMENDED by the Executive on 22 March 2002 effective immediately AMENDED by the Executive on 21 March 2003 effective immediately AMENDED by the Executive on 19 June 2003 effective immediately AMENDED by the Executive on 20 November 2003 effective immediately save for the continued application of Clause 5.1 in respect of nomination and selection of athletes for the 2004 Olympic Games AMENDED by the Executive on 3 June 2004 effective immediately AMENDED by the Executive on 19 November 2004 effective immediately AMENDED by the Executive on 18 November 2005 effective immediately AMENDED by the Executive on 20 March 2008 effective immediately AMENDED by the Executive on 30 June 2008 effective immediately AMENDED by the Executive on 21 November 2008 effective immediately AMENDED by the Executive on 21 April 2009 effective immediately AMENDED by the Executive on 19 August 2011 effective immediately AMENDED by the Executive on 23 November 2011 effective immediately AMENDED by the Executive on 8 February 2013 effective immediately AMENDED by the Executive on 15 March 2013 effective immediately AMENDED by the Executive on 22 November 2013 effective immediately AMENDED by the Executive on 6 August 2015 effective immediately AMENDED by the Executive on 6 May 2016 effective immediately save for the introduction of Clause 7.1(2) which shall apply after the Closing Ceremony of the 2016 Olympic Games AMENDED by the Executive on 3 April 2018 effective immediately AMEMDED by the Executive on 30 August 2018 effective immediately

Olympic Team Selection By-Law / 30 August 2018 30

AUSTRALIAN OLYMPIC GAMES TEAM SELECTION CRITERIA

The AOC has adopted this Selection Criteria pursuant to the AOC’s Olympic Team Selection By-Law. This criterion governs the selection of athletes to the Games.

1 / Eligibility for Selection

An athlete who is nominated by a National Federation for selection to the Team (Nominated Athlete) must satisfy the following selection criteria in order to be selected by the AOC. A Nominated Athlete must:

A. have met the requirements of the Qualification System applying to the Nominated Athlete’s sport; B. have satisfied the Nomination Criteria adopted by their National Federation applying to the Nominated Athlete’s sport; C. have been nominated to the AOC by their National Federation; D. have met and continue to meet the eligibility requirements for Australian competitors outlined in the Olympic Charter; E. meet the requirements of rules 40 and 41 of the Olympic Charter; F. have signed the Team Membership Agreement for Athletes applying to the Games and agree to sign any entry form required by the International Olympic Committee, AOC or the Organising Committee for the Games; G. comply with the AOC Constitution and its by-laws, including the Olympic Team Nomination and Selection By-Law and Ethical Behaviour By-Law; H. not have breached the AOC Anti-Doping By-Law, unless the Nominated Athlete has been sanctioned for the breach and has completed the sanction imposed; I. have been available for sample collection for the purpose of conducting anti-doping testing and have provided accurate and up to date whereabouts information; J. have, if required by the AOC, signed a statutory declaration regarding child protection, anti- doping matters and any other matter determined by the AOC to require declaration from time to time; K. not at any time have engaged in conduct (whether publicly known or not), which has brought, brings or would have the tendency to bring the Nominated Athlete or their sport into disrepute or censure, or which is or would have the tendency to be inconsistent with, contrary to or prejudicial to the best interests, image or values of the AOC or Team sponsors, or as a result of which, the Nominated Athlete’s continued membership would not be or would not likely be in the best interests of the Team; L. not at any time be convicted of, or charged with, any offence involving violence, child abuse, drugs, or any sex offence, or any offence relating to any betting or gambling activities on sport, or any offence which is punishable by imprisonment; M. have disclosed any criminal offence of whatever nature, with which the Nominated Athlete has been charged, or of which the Nominated Athlete has been convicted, and has consented to the Nominated Athlete’s National Federation and the AOC making enquiries to relevant authorities for any details of the Nominated Athlete’s criminal record (if any), including details of any charges pending or any spent convictions disclosable by law, and consents to those authorities providing that information in answer to those enquiries; N. have and must continue to honestly and fully disclose information pertaining to clauses 1(A) and 1(M), to their National Federation and the AOC, and consent to:

(a) their National Federation and the AOC making enquiries with relevant authorities regarding any disclosures; and (b) consent to relevant authorities providing information to their National Federation and the AOC in relation to those enquiries; and

2 AUSTRALIAN OLYMPIC GAMES TEAM SELECTION CRITERIA O. undergo medical assessments and testing, as required by the AOC.

A breach of, or a failure by a Nominated Athlete to comply with clauses 1(A) – (O) may render that Nominated Athlete ineligible for selection to the Team, at the complete and absolute discretion of the AOC.

2 / Selection

The AOC has the sole and absolute discretion to determine:

A. whether a Nominated Athlete has met the requirements of this Selection Criteria; B. whether a Nominated Athlete is eligible for selection to the Team, having regard to the requirements of this Selection Criteria and any other circumstances or criteria the AOC considers appropriate; C. that a Nominated Athlete is ineligible for selection to the Team for any reason (irrespective of whether the Nominated Athlete has met some or all of the requirements of this Selection Criteria); and D. whether it will select the maximum number of athletes (or teams, where applicable) permitted for selection by the AOC under a Qualification System, regardless of how many Nominated Athletes meet the standards required under that Qualification System. 3 / No Extenuating Circumstances

In determining whether a Nominated Athlete has met the requirements for selection to the Team, the AOC will not have regard to any extenuating circumstances.

For the purposes of this clause, “extenuating circumstances” means an inability to compete in, or attend, events, trials, training camps or other competitions arising from:

(a) injury or illness; (b) equipment failure; (c) travel delays; (d) bereavement or disability arising from death or serious illness of an immediate family member, which means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling; or (e) any other factor or reason that is considered by AOC to constitute extenuating circumstances.

4 / Amendments

This Selection Criteria may be amended by the AOC from time to time.

5 / Interpretation

Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise.

A. Unless otherwise defined in this Selection Criteria, capitalised terms used in this Selection Criteria have the meaning ascribed to them in the Olympic Team Nomination and Selection By-Law:

3 AUSTRALIAN OLYMPIC GAMES TEAM SELECTION CRITERIA Games means the Tokyo 2020 Olympic Games.

Olympic Team Nomination and Selection By-Law means the By-Law adopted by the AOC pursuant to the Olympic Charter for the purpose of governing the nomination and selection of athletes to an Olympic Games, Olympic Winter Games, Youth Olympic Games and Youth Olympic Winter Games.

Team means the team of athletes and officials who are selected by the AOC to participate in the Games.

Team Membership Agreement means the AOC Team Membership Agreement for Athletes which governs athletes’ participation in the Games.

B. A reference to a clause or schedule is to a clause or schedule of this Selection Criteria. C. The singular includes the plural and the converse also applies. D. A reference to an agreement or document (including a reference to this agreement) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by this agreement or that other agreement or document, and includes the recitals and schedules to that agreement or document. E. A reference to a party to this Agreement or another agreement or document includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives). F. A reference to conduct includes an omission, statement or undertaking, whether or not in writing. G. A reference to time is to Sydney time, unless otherwise stated. H. Mentioning anything after includes, including, for example or similar expressions does not limit what else might be included. 6 / Law

This document is governed by the laws applicable in the State of New South Wales.

4 AUSTRALIAN OLYMPIC GAMES TEAM SELECTION CRITERIA ANNEXURE F

ROWING AUSTRALIA NATIONAL APPEALS POLICY

PART 1 Rowing Australia Appeals Tribunal

1.1 Rowing Australia (RA) will appoint a Permanent Tribunal Chair from time to time and one or more Alternate Tribunal Chairs to act from time to time as Tribunal Chair of an Appeals Tribunal. RA reserves the right at any time and from time to time to replace or remove any Tribunal Chair or fill any casual vacancy, provided that each Tribunal Chair will be a Judge or have been admitted to practice as a Barrister or Solicitor in any State or Territory of Australia, or be a retired Judge, barrister or solicitor.

1.2 As and when required, RA or the Permanent Tribunal Chair at the request of RA will establish an Appeals Tribunal that will consist of the Permanent Tribunal Chair or an Alternate Tribunal Chair who will act as Tribunal Chair.

1.3 In the case of any appeal in relation to selection to or removal from a National Team, or in any other case nominated at the discretion of the RA Board, the Appeal Tribunal will consist of:

(a) the Permanent Tribunal Chair or an Alternate Tribunal Chair who will act as Tribunal Chair;

(b) a person with a thorough knowledge of rowing who has preferably had recent international competition experience in rowing; and

who will constitute a quorum for the purpose of hearing and determining any appeal under Part 2, provided that with the consent of the Appellant and RA, the Appeals Tribunal may be constituted by two persons, one of whom must be the Permanent Tribunal Chair or an Alternate Tribunal Chair.

1.4 No person appointed to an Appeals Tribunal may hear and consider any appeal if he or she is an RA Board member, an Officer of a Member Association, a member of the HPC or a Selector or if by reason of his or her relationship with:

(a) the Appellant;

(b) any member of the Board of RA or HPC;

(d) any persons whose interests may be affected by the outcome of the appeal;

Rowing Australia National Appeals Policy (Approved 11November 2019)

he or she would be reasonably considered to be other than impartial.

1.5 Should an Appellant or any other party to an appeal challenge the impartiality of any member of the Appeals Tribunal, the challenge will be determined by the Tribunal Chair sitting alone. In the case of a challenge to the Tribunal Chair, the challenge will be determined by the Alternate Tribunal Chair sitting alone.

1.6 Each Appeals Tribunal will be bound by the following requirements

1.6.1 it must observe the principles of natural justice;

1.6.2 it is not bound by the rules of evidence and may inform itself as to any matter in such manner as it thinks fit;

1.6.3 it will conduct its hearings with as little formality and technicality and with as much expedition as the gravity and proper consideration of the matter permits;

1.6.4 hearings may occur in such manner as the Tribunal Chair decides, including telephone or video conferencing;

1.6.5 each Appellant must establish one or more grounds of appeal to the reasonable satisfaction of the Appeal Tribunal with full regard to the full importance and gravity of the issue;

1.6.6 the parties to an appeal will not be entitled to be represented by a barrister or solicitor save with the leave of the Tribunal Chair, which will only be given in exceptional circumstances and, if given, may be given unconditionally or on such conditions as the Tribunal Chair thinks fit;

1.6.7 if a question of law arises during the course of a hearing, the Tribunal may, at the request of the parties or at the discretion of the Tribunal Chair, adjourn the hearing of the appeal in order to obtain legal advice;

1.6.8 the Tribunal Chair may require the parties to attend a directions hearing or hearings (whether in person or by any other means of communication determined upon by the Tribunal Chair) and the Tribunal Chair may give directions from time to time to assist in the efficient and expeditious conduct of the hearing;

1.6.9 if the Tribunal Chair is of the view that the outcome of the appeal may affect the interests of any person in addition to the Appellant, the Tribunal Chair may, so far as practicable, require that notice be given to such other person or persons and that person or those persons may appear at the hearing of the appeal and/or make written submissions to the Appeals Tribunal;

1.6.10 the Appeals Tribunal will give its decision on any appeal as soon as practicable after the hearing and will provide the CEO, the Appellant and other parties to the appeal with a written statement of the reasons for its decision;

Rowing Australia National Appeals Policy (Approved 11November 2019)

1.6.11 as a matter of usual practice, the Appeals Tribunal will in the case of any successful appeal refer the question or matter the subject of the appeal back to the Selectors for determination in accordance with the Selection Policy, save that the Appeals Tribunal may itself conclusively determine the issue which is the subject of the appeal where:

(a) it has determined that:

(i) it would, in the view of the Appeals Tribunal, be impractical to refer the question back to the Selectors in the time available in which entries to the event must be submitted by RA or an Event Governing Body; or

(ii) there has been such a disregard of the Selection Criteria or other provisions of the Selection Policy by or on behalf of the Selectors that a reasonable person could reasonably conclude that it is unlikely that the Selection Criteria or Selection Policy will be properly followed and/or implemented; and

(b) prior to making the determination in paragraph 1.6.11, the Appeals Tribunal has advised the parties and all persons whose interests may be affected by the outcome of the appeal of:

(i) the possibility of it making such a determination; and

(ii) that it may itself conclusively determine the issue of selection; and

permitting the parties and all such persons the opportunity to make submissions and give evidence in respect thereof.

Where the Appeals Tribunal refers the question or matter the subject of the appeal back to the Selectors for determination in accordance with the Selection Policy, the Selectors must also make the subsequent determination in accordance with any further directions or guidance from the Appeals Tribunal and provide reasons for their subsequent determination to the RA Board;

1.6.12 each Appellant must attend his or her appeal hearing in person or (if the Tribunal Chair has decided the hearing will occur by telephone or video conferencing) over the audio or audio and visual link established for the purposes of the hearing; and

1.6.13 notwithstanding anything else in this Appeals Policy, the Appeals Tribunal may give its decision on any appeal on the papers (i.e. without holding a hearing) if so determined by the Tribunal having regard to the principles of natural justice. The Appeals Tribunal will give its decision on any appeal on the papers as soon as practicable after its decision.

Rowing Australia National Appeals Policy (Approved 11November 2019)

1.7 The Appeals Tribunal will also hear any reference to it by RA of any breach of any RA Policy by a participant or member of a National Team. In so doing the Appeals Tribunal will set its own procedure but follow as closely as possible and apply the procedure set out in this Appeals Policy for appeals.

1.8 Notwithstanding paragraph 1.6.11, the Appeals Tribunal will in the case of any successful appeal on the ground that the decision was affected by actual bias (paragraph 2.4.3) refer the question or matter the subject of the appeal back to the Selectors for determination in accordance with the Selection Policy, save that RA must first replace the Selector or Selectors whose decision was in the opinion of the Appeals Tribunal affected by actual bias, with another Selector or Selectors of RA’s sole discretion for the purpose of determining the question or matter the subject of the successful appeal.

PART 2 RA Appeals Process

2.1 Subject to paragraphs 2.8 and 2.9, any decision of the Selectors or RA made pursuant to the following is made subject to the appeals process set out in this Appeals Policy:

2.1.1 selection of Athletes to a National Team (pursuant to paragraphs 2.6.1 and 3.1(i) of the Selection Policy);

2.1.2 removal of Athletes from a National Team (pursuant to paragraphs 2.6.1 and 2.9 of the Selection Policy);

2.1.3 progression through the Event Requirements (pursuant to paragraph 2.7.5 of the Selection Policy).

For the avoidance of doubt, an Athlete has no right of appeal against any of the following:

(a) the size or rowing discipline of boat or crew in which the Athlete has been allocated to compete at the event for which the Athlete sought selection;

(b) a decision by RA under paragraph 2.7.3 of the Selection Policy not to select a particular boat to compete at an event for which the Athlete sought selection;

(c) an act or omission of the Selection Ombudsman (including, but not limited to, a refusal by the Selection Ombudsman to deal with a complaint, and a recommendation given by the Selection Ombudsman to the Selectors following an investigation by the Selection Ombudsman);

(d) any determination made under any of paragraphs 3.1(g), 3.1(h) and 4.2.1(e) of the Selection Policy (minimum performance standards and/or benchmarks);

Rowing Australia National Appeals Policy (Approved 11November 2019)

(e) any determination of an Athlete’s satisfaction of the Mandatory Requirements specified in paragraph 2.1 of the Selection Policy;

(f) a decision by Selectors not to select a boat, where two or more boats for a squad of Athletes achieve the minimum performance standards with an Athlete or Athletes in common across the boats.

Under 23, Under 21 and Junior Athletes have no right of appeal.

2.2 Any appeal against an Appellable Decision will be addressed according to the following procedure:

2.2.1 The appeal will proceed and be heard within the timeframes prescribed in the Appeals Policy by an Appeals Tribunal established by RA in accordance with the Appeals Policy;

2.2.2 Any subsequent appeal will be heard by the appeals division of CAS.

2.3 If there is more than one appeal to an Appeals Tribunal or to CAS that impacts upon the selection of a team or crew to compete in an event or in respect of the same position for an individual Athlete, then at the direction of the Tribunal Chair such appeals may be consolidated and heard together on such terms or subject to such procedures as the Tribunal Chair determines in his or her discretion.

2.4 The sole grounds for any appeal to the Appeals Tribunal are that:

2.4.1 the express requirements of the Selection Policy or (where applicable) the Selection Criteria have not been properly followed and/or implemented; or

2.4.2 the Athlete was not afforded a reasonable opportunity by RA to satisfy the Selection Criteria; or

2.4.3 the decision was affected by actual bias; or

2.4.4 there was no material on which the decision of the Selectors could reasonably be based.

2.5 Any appeal by an Athlete against an Appellable Decision must be made in accordance with the following procedure:

2.5.1 before submitting a notice of appeal, the Appellant must first have met and discussed the Appellable Decision with the Rowing Australia Selection Ombudsman and attended a debrief with one or more of the Selectors regarding the Appellable Decision (whether in person or by any other means of communication). For the avoidance of doubt, failure to attend a debrief in accordance with this paragraph 2.5.1 will preclude an Appellant from proceeding with an appeal under this Appeals Policy;

Rowing Australia National Appeals Policy (Approved 11November 2019)

2.5.2 the Appellant must give written notice of his or her appeal to the CEO within 48 hours of the announcement of the decision against which the appeal is made by completing and signing an RA Notice of Appeal Form which shall be accompanied by a non- refundable deposit of $100;

2.5.3 within 48 hours of receiving the Appellant’s Notice of Appeal Form, the Selectors will provide the CEO and the Appellant with a written statement of the reasons for the decision against which the appeal is made (not exceeding two pages in length);

2.5.4 within 72 hours of submitting his or her Notice of Appeal Form, the Appellant must submit in writing to the CEO the grounds of that appeal (not exceeding two pages in length); and

2.5.5 within 96 hours of receiving the Appellant’s Notice of Appeal Form, the Selectors may provide the CEO and the Appellant with a response to the Appellant’s grounds of appeal (not exceeding one page in length) to be limited to matters that are responsive to the Appellant’s grounds of appeal.

2.5.6 In the case of an appeal by an Athlete against any failure to be selected in a National Team or selection or invitation for progression pursuant to the Event Requirements, then:

(a) the announcement of the decision can arise from an omission to name the Athlete in a National Team or National Squad or list of invitees for progression;

(b) the time for appealing the decision under paragraph 2.4 shall commence on the first announcement of a decision under which the Athlete is omitted from selection or further consideration for selection; and

(c) the Athlete shall have only one right of appeal in respect of the circumstances leading to omission under the first announcement.

2.6 The decision of the Appeals Tribunal will be binding on the parties and, subject only to any appeal to CAS under paragraphs 2.8 and 2.9, neither party may institute or maintain proceedings in any Court or Tribunal other than the said Appeals Tribunal.

2.7 Where an Athlete wishes to appeal an Appellable Decision and RA so agrees in writing, the appeal to the Appeals Tribunal, subject to the Athlete being given permission to appeal, may be directly referred to the appeals division of CAS and in which instance the grounds of appeal must be one or more of the grounds described in paragraph 2.4 and the CAS panel will be vested with the powers of the Appeals Tribunal.

2.8 The sole grounds for any appeal against a decision of the Appeals Tribunal are:

2.8.1 a breach of the rules of natural justice by the Appeals Tribunal; or

Rowing Australia National Appeals Policy (Approved 11November 2019) 2.8.2 that the decision of the Appeals Tribunal is otherwise wrong in law.

2.9 Any appeal from a decision of the Appeals Tribunal must be solely and exclusively resolved by CAS according to the Code of Sports-Related Arbitration and applying the law of New South Wales.

2.10 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. In particular, and without restricting the generality of the foregoing and for further and better assurance notwithstanding that such provisions have no applicability, there will be no right of appeal under section 38 of the Commercial Arbitration Act 1984 (NSW) or equivalent in any of the Australian States or Territories or to apply for the determination of a question of law under section 39(1)(a) of such Act or equivalent in any of the Australian States or Territories.

2.11 An Athlete wishing to appeal to CAS against a decision of an Appeals Tribunal must give written notice of the fact to the CEO within 48 hours of the announcement of the decision against which the appeal is made (or within such time as the CEO may allow) and must then file his or her statement of appeal with CAS within five (5) working days. Failure to observe these time limits will render any appeal a nullity provided that an Athlete may apply to the body to 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.

2.12 If CAS determines to uphold any appeal in respect of an Appellable Decision, it will refer the question or matter the subject of the appeal back to RA for determination in accordance with the Selection Policy.

PART 3 Interpretation

3.1 Meaning of Expressions and Words

In this Appeals Policy the following expressions, abbreviations and words shall have the following respective meanings:

Alternate Tribunal Chair means an alternate Tribunal Chair as appointed from time to time by RA.

Appeals Policy means the RA Appeals Policy as issued and amended by RA from time to time.

Appellable Decision means the decisions listed in paragraph 2.1 of the Appeals Policy and Appellable Decisions means any two or more of them.

Athletes include rowers and coxes.

Rowing Australia National Appeals Policy (Approved 11November 2019) CAS means the Court of Arbitration for Sport.

CEO means the Chief Executive Officer of RA or their delegate.

Event means World Championship, World Cup or international regatta or event for which the Athlete nominated for selection.

Event Governing Body means the governing body or bodies having responsibility or jurisdiction in relation to the conduct of or participation at an event, and includes without limitation FISA, the International Olympic Committee, the Australian Olympic Committee and the World Anti-Doping Agency.

Event Requirements means the requirements for the World Championships and any preliminary event including World Cups, set out in documentation issued and amended from time to time by the HPC.

Extenuating Circumstances has the meaning given in the Selection Policy.

FISA means the Federation Internationale des Societies d’Aviron.

HPC means the High Performance Commission established by the RA Board.

Mandatory Requirements means the requirements specified in paragraph 2.1 of the Selection Policy, and including without limitation the Nomination and Eligibility Requirements.

Member Association means a State or Territory rowing association that is a member of RA.

National Squad means the National Squad (if any) for formation prior to selection of Athletes in a National Team.

National Team means the national team selected to compete at the World Championships, and any preliminary event including World Cups.

Nomination and Eligibility Requirements means the nomination and eligibility requirements for selection set out in documentation issued and amended from time to time by the HPC.

Officer of a Member Association means any of the following:

(a) a councillor of the Member Association; (b) a secretary or a voting member of the executive board or committee of management or equivalent of the Member Association; (c) an employee of a Member Association; or (d) an employee of any State or National institute of sport.

Permanent Tribunal Chair means the Permanent Tribunal Chair appointed from time to time by RA.

Rowing Australia National Appeals Policy (Approved 11November 2019) Priority Boat means a boat nominated by the HPC to be given priority for selection over another boat or boats.

RA means Rowing Australia Limited.

RA Board means the board of RA elected or appointed in accordance with the constitution of RA.

Selection Criteria means the criteria specified in sections 2.2 and 2.3 of the Selection Policy.

Selection Ombudsman means a person or persons appointed by the HPC under the Selection Policy.

Selection Policy means the RA Selection Policy as issued and amended by RA from time to time and includes without limitation any annexures and the Event Requirements and the Appeals Policy.

Selectors means the panel of selectors under the Selection Policy. team includes where the context permits crew or sculler.

Tribunal Chair means the Chairman or Chairwoman of an Appeals Tribunal, being the Permanent Tribunal Chair or an Alternate Tribunal Chair.

Rowing Australia National Appeals Policy (Approved 11November 2019)

ANNEXURE F ROWING AUSTRALIA Notice of Appeal Form

Instructions

1. This form should be used by an Athlete (Appellant) who wishes to appeal an Appellable Decision (as that expression is defined in the RA Appeals Policy) to the RA Appeals Tribunal.

2. An Appellant may only pursue a hearing of their appeal if the Appellant, before submitting this form, attends a debrief with one or more of the Selectors regarding the Appellable Decision (whether in person or by any other means of communication).

3. This form must be completed and signed by the Appellant.

4. Once completed and signed, this form must be provided to the Chief Executive of Rowing Australia within 48 hours of the announcement of the decision against which the Appeal is made.

5. This form will only be accepted if the Appellant pays the sum of $100.00 to Rowing Australia and that sum is received within 72 hours of the announcement of the decision against which the Appeal is made. This fee is non-refundable.

1. Athlete details Name Address for service Telephone E-mail

2. Affected Party details

Guidance note: If the Tribunal Chair is of the view that the outcome of the appeal may affect the interests of any person in addition to the Appellant, the Tribunal Chair may, so far as practicable, require that notice be given to such other person or persons and that person or those persons may appear at the hearing of the appeal and/or make written submissions to the Appeals Tribunal (RA Appeals Policy s 1.6.9).

In this form, an Appellant may propose that one or more persons be identified as an affected party. This section need not be filled out where an Appellant does not wish to propose any affected parties. The Tribunal Chair may direct a notice or notices be given under RA Appeals Policy s 1.6.9 whether or not the Appellant completes this section of the form.

Name Address for service Telephone E-mail Reason for identifying person as affected party

(If more than one, please annex details to this form).

3. Appeal Grounds

Appellant to ‘tick’ which ground of appeal he or she will rely on in bringing the appeal. The sole grounds for any appeal to the Appeals Tribunal are that:

Ground of Appeal RA Appeals Policy ref. a) the express requirements of the Selection Policy or (where 2.4.1 applicable) the Selection Criteria have not been properly followed and/or implemented b) the Athlete was not afforded a reasonable opportunity by RA to 2.4.2 satisfy the Selection Criteria c) the decision was affected by actual bias 2.4.3

d) there was no material on which the decision of the Selectors could 2.4.4 reasonably be based

4. Payment details of Rowing Australia

Account Name Rowing Australia Limited BSB 062 900 Account Number 1099 5628 Payment description Team Appeal, followed by First Name, Last Name of Appellant

Signed by the Appellant ………………………………………………………………………….

Date …………………………………. Olympic Nomination Appeal Process

Start

Nominated Not Nominated Appeal Athlete is nominated by their Athlete is not nominated by Athlete chooses to dispute National Federation for their National Federation for non-nomination selection to a Team selection to a Team

Selection Resolved Was the quota spot AOC determines selection of Athlete does not appeal obtained less than 72 hours Athlete in accordance with decision of NF before the sport entries AOC Selection criteria deadline?

YES No Appeal Alternative Resolved Athlete appeals directly to Dispute Resolution Athlete chooses not to CAS in accordance with Athlete follows steps in appeal decision to NF Clause 9.9 (b)(vi) Clause 9.6 (a)

STAGE 1 - Appeal to STAGE 2 - Appeal to CAS Appeal Tribunal Appeal Dismissed Appeal Athlete appeals Athlete appeals Appeal Tribunal dismisses Athlete chooses to appeal non-nomination to CAS in non-nomination to Appeal Appeal decision of Appeal Tribunal or accordance with Clause 9.6 (b) Tribunal in accordance with new decision of NF Clause 9.6 (b)

Athlete is not Nominated Refers back to NF Appeal Upheld Resolved Appeal Dismissed Appeal Upheld NF decides not to Nominate Athlete Tribunal refers Athlete Tribunal ﬁnds in Athlete chooses not to CAS dismisses Appeal Athlete chooses to appeal Athlete nomination decision back to favour of Athlete appeal decision of Appeal decision of Appeal Tribunal or NF Tribunal new decision of NF

Resolved Athlete is Nominated Appeal Tribunal Nominates Resolved Refers back to NF CAS Nominates Athlete chooses not to NF nominates Athlete Athlete Tribunal nominates Athlete has no further right CAS refers nomination CAS nominates Athlete itself appeal Athlete itself of Appeal, subject to any decision back to NF appeal available under the CAS Code

Resolved AOC determines selection of Athlete is not nominated Athlete is Nominated Resolved Athlete in accordance with NF nominates Athlete AOC determines selection of AOC Selection Criteria Athlete accordance with AOC Selection Criteria

Resolved Athlete has no further right of Appeal ANNEXURE H - Nomination Appeal Application Form

1. This form should be used by a non-nominated Athlete (Applicant) who wishes to appeal their non-nomination (Nomination Appeal) to an Appeal Tribunal.

Guidance note: In the first instance, a Nomination Appeal is heard by an Appeal Tribunal. The determination of an Appeal Tribunal is final and binding on the parties, subject only to an appeal to the Court of Arbitration for Sport (CAS). An Applicant wishing to appeal a decision of an Appeal Tribunal to CAS must complete a different form – the CAS Application Form – which is available from the CAS Oceania Registry at c-/ Allens, Deutsche Bank Place, Corner Hunter and Phillip Streets, Sydney NSW 2000, (02) 9230 4000

2. An Applicant may only pursue a hearing of their Nomination Appeal if the Applicant and their National Federation have completed the alternative dispute resolution steps set out in clause 9.6(a) of the By-Law.

Guidance note: From the date that the Applicant provides written notice to their National Federation that they dispute their non-nomination (see clause 9.6(a)(ii) of the By-Law), the Applicant and National Federation must attempt to resolve their dispute informally by corresponding and/or meeting with one another. For the purpose of this form only, this period of time is known as the ADR Time Period.

3. Once completed, this form must be provided to: a) the Chief Executive of the Applicant’s National Federation; and b) the Chief Executive, General Counsel and Head of Games Operations & Sports Services of the AOC, on the same day. This form must be submitted within 24 hours of the expiry of the ADR Time Period.

4. Within 24 hours of the Chief Executive of the Applicant’s National Federation receiving this form, the National Federation must convene an Appeal Tribunal to hear the Nomination Appeal.

Guidance note: Pursuant to clause 9.6(b)(v) of the By-Law, an Appeal Tribunal is comprised of three (3) individuals who, between them, have a thorough knowledge of law, Nomination Appeals and the Applicant’s sport. Two of the individuals are to be selected from a ‘pool’ of qualified experts nominated by the AOC. The individual with a thorough knowledge of the Applicant’s sport is selected by the National Federation.

5. This form will only be accepted if the Applicant pays the sum of AUD$250.00 to their National Federation.

Practical note: Prior to providing this form to athletes, National Federations should insert their direct deposit bank account details into section 6 of this form. Alternatively, Applicants should seek these details from their National Federation prior to providing a copy of this form to the Chief Executive.

6. The Applicant should attach the Nomination Criteria adopted by their National Federation to this form.

ANNEXURE H - Nomination Appeal Application Form

1. Athlete details

Name

Address for service

Telephone

E-mail

National Federation membership identification no. (if applicable)

2. National Federation details

Name of National Federation

Address for service

Telephone

E-mail

Chief Executive of NF

Name of Chief Executive

Telephone

E-mail

Where individual responsible for appeal at NF is not the Chief Executive, Responsible individual

Name of responsible individual

Telephone

E-mail

ANNEXURE H - Nomination Appeal Application Form

3. Affected Party details

Guidance note: An Appeal Tribunal must identify a person who is interested in the outcome of a Nomination Appeal as an ‘Affected Party’. An Affected Party: a) must receive notice of the Appeal or Fast Track Appeal from the Appellant; b) must be given the opportunity to make submissions in the Appeal or Fast Track Appeal and give evidence; c) must receive a copy of the award handed down by the Appeal Forum; and d) will be bound by any such award

In this form, an Applicant may propose that one or more persons be identified as an Affected Party to the Nomination Appeal.

This section need not be filled out where an Applicant does not wish to propose any Affected Parties.

Name

Address for service

Telephone

E-mail

National Federation membership identification no. (if applicable)

Reason for identifying person as Affected Party

4. Appeal Grounds

Guidance note: An Applicant must appeal their non-nomination based on one or more of the grounds of appeal set out in this section (see clause 9.6(b) of the By-Law).

Applicant to ‘tick’ which ground of appeal he or she will rely on in bringing the Nomination Appeal. Ground of Appeal By-Law ref.

a) In making its decision, the NF did not satisfy one or more of the 9.6(b)(ii)(A) requirements in clause 5.3 of the By-Law b) the applicable Nomination Criteria was not properly applied by the 9.6(b)(ii)(B) Non-Nominated Athlete’s NF c) the NF was affected by actual bias in making its decision with respect 9.6(b)(ii)(C) to the Non-Nominated Athlete d) there was no material on which the NF’s decision could be reasonably 9.6(b)(ii)(D) based

ANNEXURE H - Nomination Appeal Application Form

5. Explanation for Appeal Grounds Applicant to provide further information about the grounds on which he or she seeks to bring the Nomination Appeal.

6. Relief sought Applicant to provide explanation for the ‘relief’ sought from the Appeal Tribunal i.e. what outcome is the Applicant looking to achieve by bringing the Appeal?

7. Payment details of National Federation

Account Name [NF to fill in] BSB [NF to fill in] Account Number [NF to fill in] Payment description [NF to fill in]

8. Nomination Criteria Applicant to attach a copy of the Nomination Criteria, as adopted by their National Federation and relevant to his or her appeal, to this form.

Olympic Selection Appeal Process

Start

Athlete is Selected Athlete is not Selected Athlete is nominated by the Athlete is not selected by the AOC to a Team for a Games AOC to a Team for a Games in accordance with AOC Selection Criteria

Resolved Resolved Was the quota spot Athlete is a Team Member of Athlete chooses not to obtained less than 72 hours a Games appeal decision of AOC before the sport entries deadline?

No YES Appeal Appeal Athlete chooses to dispute Athlete appeals directly to non-selection CAS in accordance with Clause 9.9 (c)(vii)

Alternative Resolved Dispute Resolution Athlete chooses not to Athlete follows steps in appeal decision of AOC Clause 9.7 (a)

Appeal Athlete chooses to appeal non-selection

Appeal to CAS Appeal Dismissed Resolved Athlete appeals non-selection CAS dismisses Appeal Athlete has no further right of to CAS in accordance with Appeal subject to any appeal Clause 9.7 (a) available under the CAS Code

Athlete is not Selected Refers back to NF Appeal Upheld CAS Selects AOC decides not to select CAS refers selection decision CAS ﬁnds in favour of Athlete CAS selects Athlete itself Athlete after decision is back to AOC referred

Resolved Athlete is Selected Resolved Athlete has no further right to AOC selects Athlete Athlete is a Team Member of a Appeal Games