Tribunal 2013

AFL TRIBUNAL 2013 1 Introduction Changes to be introduced in 2013

he processes that underpin the operations of the Match ■■ 41 players were suspended, as against 47 in 2011 (57 in 2004). Review Panel and AFL Tribunal are fundamental to the now only qualify for the bad record loading if they are suspended 1. Rough conduct (contact below the knees) AFL competition. There have been a number of ■■ 112 matches were lost through suspension, compared to 72 in 2011 for three matches or more within the last two years. This alters the T For the purpose of these guidelines, all players should note that amendments to these processes for 2013 following our annual (117 in 2004). previous position where a player would receive a 10% loading a player who makes contact with an opponent below the knees in review. As part of the review, we requested feedback from all on the total demerit points applicable to the Reportable Offence ■■ $159,850 in financial sanctions imposed, compared to 2011 total circumstances that are unreasonable will be considered for a rough 18 clubs, the AFL Players' Association and the AFL Umpires' for which they were charged, for every match they had missed due of $92,600 in 2011 ($223,100 in 2004). conduct charge. Association. The basic structure of the system established for to suspension over the previous three years. In addition to the factors considered in a rough conduct the 2005 season has not altered, and the changes for 2013 reflect The loading will remain at 10% per match with a maximum 2004* 2005 2006 2007 2008 2009 2010 2011 2012 charge generally, the following factors will be considered when feedback received and knowledge gained from the first eight of seven matches, equating to 50% (i.e. three matches in the previous determining the existence of a rough conduct (contact below years of the system's operation. Charges 173 150 137 150 128 147 159 178 236 two years equates to 10%, four matches equates to 20%, etc). the knees) charge: The guiding principles of the Tribunal system introduced Tribunal 123 26 32 42 22 35 25 15 25 in 2005 are: Hearings 4. NAB Cup suspensions ■■ The degree of momentum and/or force involved in the contact; A player who is charged with a Reportable Offence during the ■■ To improve the efficiency of the Tribunal process by introducing Number of cases not ■■ Whether the player causes contact below the knees by sliding NAB Cup pre-season competition and is suspended will serve a system whereby players can accept penalties without having 40 6 11 12 6 15 5 3 8 sustained at with his foot, feet, knee or knees in front of him; that suspension during the premiership season, if applicable. to appear before the Tribunal; Tribunal Previously, any suspension incurred in a premiership season ■■ Whether the opposition player was in a position that was ■■ To promote the transparency and certainty of the process Number could only be served in the next premiership season, whereas of players vulnerable to contact below the knees; by introducing a table of offences; accepting the suspensions occurring in the NAB Cup would apply in the NAB penalty as - 124 105 108 106 112 134 163 211 ■■ Whether the player making contact had any realistic alternative Cup competition while the team was still part of it. ■■ To achieve greater consistency in the reporting process by set out by the ways of approaching the contest or situation. introducing a Match Review Panel through which all reports Match Review 5. Stomping will proceed; Panel 2. Good record The demerit points applicable to misconduct (stomping) Percentage ■■ To increase the number of respected former AFL players, coaches of players Players will now only qualify for the “good record” discount – that will be raised to align with the points that are incurred for and umpires involved in the Tribunal and reporting processes; accepting is, a 25% reduction in the total demerit points applicable to the misconduct (kicking). - 83% 77% 72% 83% 76% 85% 92% 89% the Match Reportable Offence for which they are charged – if they have ■■ To reduce the damage done to the credibility of the Tribunal Review Panel maintained a history over the previous six years in which they have 6. Tribunal allegations process by limiting Victim Players’ evidence; Classification not missed a match through suspension. If an allegation is to be made against another player at a Tribunal ■■ Matches To increase the range of representation available to players lost through 117 77 71 71 77 68 86 72 112 hearing as part of the defence of a Reportable Offence, that player and the AFL by permitting legal representation; suspension 3. Bad record must be notified and have the opportunity to appear and be heard The “bad record” loading will be significantly modified. Players will on the case as a matter of fairness. ■■ Financial To increase the efficiency of dealing with melee and 223,100 108,600 66,900 114,800 65,700 101,700 77,300 92,600 159,850 wrestling reports; sanctions ($) Reprimands ■■ To update and improve the technology available to the (includes 0 21 36 38 31 29 42 47 41 Match Review Panel and the Tribunal, and offences < 100 points) ■■ To lessen the financial barrier for appeals.

* The previous Tribunal system was operating in 2004. Key Outcomes The new Tribunal system was introduced in 2005 The following table outlines the key outcomes of the AFL Tribunal from 2004-12. The reformed system was implemented in 2005. As It should be noted that the figures recorded in 2012 were influenced by outlined in the table. Some of the key achievements in 2012 included: the number of players charged with wrestling/melee (50 more players in 2012 than in 2011, and with the introduction of the Greater Western ■■ 89% of players charged with a Reportable Offence accepted the Sydney Giants to the AFL competition, there were 11 additional matches. determination of the Match Review Panel, the second-highest Also, two players received six-match suspensions. percentage since the inception of the new system, behind only We thank the clubs, the AFLPA and other members of the football the 92% figure for 2011. community for their valuable input to this annual review.

■■ 25 Tribunal hearings were held, compared with 15 in 2011 GILLON McLACHLAN and 123 in the last year of the previous system (2004). Deputy CEO and Acting General Manager – Football Operations

■■ Eight cases were not sustained at the Tribunal, as against three in 2011 (40 in 2004).

Contents

Changes to be introduced in 2013 �� 3 Table of Offences – Demerit Points �� 7

How the system works �� 4 Points – Consequences �� 7

The reporting process�� 5 Fixed Financial Sanctions �� 7

Who does what �� 5 How points are calculated �� 8

Grading the Offence �� 6 Definitions and Guidelines �� 10

Categorising the level of the Offence �� 6 Tribunal guidelines �� 14

2 AFL TRIBUNAL 2013 AFL TRIBUNAL 2013 3

■■ How the system works

1. A report or referral is lodged For the purposes of this following example, the Match Review A report is the responsibility of the umpires officiating at AFL Panel decided the conduct was reckless, the impact high and the The Reporting Process matches. Reports are referred to the Match Review Panel, chaired contact to the body. This equates to a level three offence. Who Does What by Mark Fraser. The Match Review Panel will assess all reports and referrals made by: umpires, umpires’ observers, the umpires’ Activation Level of Reports or referrals Conduct Impact Contact Match Review Panel manager, the AFL General Manager – Football Operations, CEO of a Points Offence ■■ Umpires Mark Fraser, Chairman

competing club and the Match Review Panel itself, during its video Reports Reckless High Body 6 3 Des Gleeson review of all matches. Bryan Sheehan From the Table of Offences – Demerit Points (page 7), a Level 3 ■■ Umpires 2. Match Review Panel decides if a reportable striking offence equates to 225 demerit points. These are the base ■■ Umpires’ Observer offence has occurred and the offence level points and are subject to change in the following circumstances: ■■ Analyse videos of Following assessment of all reports, or referrals, the Match ■■ Umpires’ Manager ■■ Player has been suspended for three matches or more in the all matches. Review Panel will consider whether a player is to be charged previous two AFL years - bad record loading applicable. ■■ AFL General Manager – Football Operations with a Reportable Offence, taking into account three factors (see ■■ Review reports or

Definitions and Guidelines page 10): ■■ Player has a good record in the past six AFL years - good record Referrals ■■ Club CEO referrals made by deduction applicable. designated officials. ■■ Conduct (whether the conduct was intentional, reckless ■■ Match Review Panel video review (all matches reviewed) or negligent). ■■ Player enters an early guilty plea – early plea deduction applicable. ■■ Make charges when

Role satisfied that a ■■ Impact (whether the impact was severe, high, medium or low). In some cases, a charge will go directly to the Tribunal, which Referred To Reportable Offence will allocate demerit points at its discretion. ■■ Contact (whether the contact was high or to the groin has occurred. The player is notified of the level of the offence and, other than in or the body). cases referred directly to the Tribunal, he has the option to take an No Charge Made ■■ Allocate penalty which How the Match Review Panel is to assess these factors is early guilty plea or to contest the charge at the Tribunal. Match Review Panel player can accept or face explained in the guidelines. Once each factor above has been Panel provides brief reasons the Tribunal. evaluated, the Match Review Panel, if applicable, allocates the Level 3. Player Options why charge rejected. of Offence via the chart, Categorising the Level of Offences on page 6. If a player takes an early guilty plea, the demerit points – including For example, if a player is reported for striking, the Match additions or subtractions – are subject to a 25% reduction. Charge Made and Level of Offence Decided Review Panel will assess the report and, following the processes A player may contest a charge or plead guilty to a lesser charge AFL Tribunal outlined in the guidelines, will decide on the level of conduct, at any time, and players can have legal representation. Chairman: David Jones impact and contact. Victim Players can give evidence only with the permission of Deputy Chairman: the Tribunal Chairman. Options John Hassett Player accepts charge, A player can contest a charge (i.e. Jury: Emmett Dunne, 1 pleads guilty, and is 2 plead innocent) or the level of Michael Sexton, Richard penalised according to charge (i.e. seek a lower level of Loveridge, Wayne the Table of Offences. OR charge as per Table of Offences). Schimmelbusch, Wayne Discounts apply for an Charge goes to Tribunal. Henwood and Stewart Loewe early guilty plea. Secretary: Scott Taylor Anti-Doping Code Illicit Drug Policy Jury Appointees: Tribunal Decision Dr Susan White, Dr Andrew Garnham Dr Michael McDonough Grounds For Appeal

■■ Chairman and a jury A player can appeal on the following points: for Tribunal. ■■ Error in law. ■■ Chairman manages ■■ That the decision was so unreasonable that no Tribunal acting reasonably process and decides on could have come to that decision having regard to the evidence before it. points of law.

■■ Classification of offence manifestly excessive. ■■ Jury made up of three Role members (retired ■■ Sanction imposed manifestly excessive. players) decides guilt or innocence and applies Cost of Appeal sanction as per Table of Offences (page 7). ■■ $5000, $2500 non-refundable.

4 AFL TRIBUNAL 2013 AFL TRIBUNAL 2013 5 Grading Table of Offences – Demerit Points Reportable Offence Level 1 Level 2 Level 3 Level 4 Level 5 the offence Striking 80 125 225 325 425 Kicking 125 250 400 550 750 Charging 125 225 325 425 550 Rough conduct 125 225 325 425 550 Bumping or making forceful contact to an opponent from 125 250 400 550 750 The following table has been constructed to clearly show the It prescribes activation points that define the level of seriousness front-on when that player has his head down over the ball consequences of a player’s guilt and to provide clear levels of of an offence on a scale of 1 to 5 (column headed Level). The level Tripping 80 125 225 325 425 charges. The Match Review Panel will assess the levels of the then leads to a set number of demerit points (table on page 7) which Attempt to strike/kick/trip N/A 80 N/A N/A N/A offence based on three factors: conduct, impact and contact. will determine the sanction. Misconduct (kneeing) 125 225 325 425 550 Misconduct (headbutt or contact using head) 80 125 250 400 550 Note: Match Review Panel can always refer charges to the Tribunal for consideration. Misconduct (eye gouging/unreasonable and unnecessary contact to 125 250 400 550 750 the eye region) Misconduct (unreasonable and unnecessary contact to the face) 125 225 325 425 550 Misconduct (stomping) 125 250 400 550 750 Categorising the Level of Offences Misconduct (scratching) 80 125 225 325 425 Relevant Factors Misconduct (unreasonable or unnecessary contact with injured player) 80 125 225 325 425 Activation Points Level Conduct (3 To 1) Impact (4 To 1) Contact (2 To 1) Any other act of serious misconduct TRIBUNAL Misconduct (spitting on another person) TRIBUNAL Intentional Severe High/Groin 9 Tribunal Intentional contact with umpire TRIBUNAL Striking or attempting to strike or spitting at or on an umpire TRIBUNAL Intentional Severe Body 8 5 Behaving in an abusive, insulting, threatening or obscene manner TRIBUNAL towards or in relation to an umpire Intentional High High/Groin 8 5 NOTE: For the purposes of the player rules including this table, misconduct may be intentional, reckless or negligent. Intentional High Body 7 4 Points – Consequences Intentional Medium High/Groin 7 4 Number of Points Suspension (Matches) Consequence The player is reprimanded but not suspended from playing but carries the allocated points for one Less than 100 Intentional Medium Body 6 3 0 AFL year and they will be added to any future points allocated within that one AFL year. The player is suspended from playing in his next match, after which his total points reduce by 100. Greater than 99, Intentional Low High/Groin 6 3 He carries the balance of the points for one AFL year. The residual points will be added to any future but less than 200 1 points allocated within that one AFL year. The player is suspended from playing in his next two matches, after which his total points reduce by 200. Intentional Low Body 5 2 Greater than 199, He carries the balance of the points for one AFL year. The residual points will be added to any future but less than 300 2 points allocated within that one AFL year. The player is suspended from playing in his next three matches, after which his total points reduce by Reckless Severe High/Groin 8 5 Greater than 299, 300. He carries the balance of the points for one AFL year. The residual points will be added to any future but less than 400 3 points allocated within that one AFL year. Reckless Severe Body 7 4 The player is suspended from playing in his next four matches, after which his total points reduce by 400. Greater than 399, He carries the balance of the points for one AFL year. The residual points will be added to any future but less than 500 4 Reckless High High/Groin 7 4 points allocated within that one AFL year. Etc. + Etc. Reckless High Body 6 3 Fixed Financial Sanctions Reckless Medium High/Groin 6 3 Sanction Reportable Offence Reckless Medium Body 5 2 First Offence Second Offence Third & Subsequent Offences Negligent contact with umpire $1200 ($900) $2400 ($1800) $4000 ($3000) Reckless Low High/Groin 5 2 Reckless contact with umpire* $2600 ($1950) $3800 ($2850) $5000 ($3750) Misconduct (staging) Written Reprimand $1600 ($1200) $2400 ($1800) Reckless Low Body 4 1 Misconduct (spitting at another player) $2600 ($1950) $3800 ($2850) $5000 ($3750) Melee $1600 ($1200) $2800 ($2100) $4000 ($3000) Negligent Severe High/Groin 7 4 Misconduct (Instigator of Melee) $2400 ($1800) $3600 ($2700) $4800 ($3600) Negligent Severe Body 6 3 Wrestling $1200 ($900) $2400 ($1800) $4000 ($3000) Abusive, insulting, threatening, obscene language $2600 ($1950) $3800 ($2850) $5000 ($3750) Negligent High High/Groin 6 3 Obscene gesture $1200 ($900) $2400 ($1800) $4000 ($3000) Disputing decision $1200 ($900) $2400 ($1800) $4000 ($3000) Negligent High Body 5 2 Pinching $1200 ($900) $2400 ($1800) $4000 ($3000) Interfering with player kicking for goal $800 ($600) $1600 ($1200) $2400 ($1800) Negligent Medium High/Groin 5 2 Hitting roof $800 ($600) $1600 ($1200) $2400 ($1800) Shaking goalpost $800 ($600) $1600 ($1200) $2400 ($1800) Negligent Medium Body 4 1 Time wasting $800 ($600) $1600 ($1200) $2400 ($1800) Negligent Low High/Groin 4 1 Prohibited boots, jewellery, equipment $800 ($600) $1600 ($1200) $2400 ($1800) Not leaving playing surface $800 ($600) $1600 ($1200) $2400 ($1800) Negligent Low Body 3 1 Any misconduct not referred to in the Table of Offences TO BE DETERMINED BY MATCH REVIEW PANEL or direct referral to tribunal

NOTE: If the player elects to take the prescribed early plea 25% deduction, he will be sanctioned the amount in brackets. *If impact is high or severe, then the Match Review Panel may refer the incident directly to the Tribunal. 6 AFL TRIBUNAL 2013 AFL TRIBUNAL 2013 7 How points are calculated

Additions for prior offences and reductions for clean record are Contesting at Tribunal Grand Final Example: Player Jackson was suspended for four matches in made on base points. Residual points carried forward are added If a player contests the level of the charge at the Tribunal For any Reportable Offences sustained during the AFL Grand Final, the SANFL in 2011 after being dropped by his AFL club and he after additions are made for prior offences. Discounts for early and is successful, he will still receive a 25% reduction for not including any drawn match, the base points shall be added has no other prior offences over a 10-year AFL career. pleas apply to the total points after discounts or additions have the guilty plea. again after the points have been calculated in accordance with any If reported in the AFL he will not qualify for a 25% reduction been made. Example: Player Smith, in the previous example, decides he additions or reductions (for good record) and finally increased by for a good record however he will not receive a 20% loading is guilty of striking, but that the conduct was reckless, not adding any residual points carried forward. Early plea discount can for the SANFL suspension. Additions intentional, as graded by the Match Review Panel. He challenges then apply. A player will receive a 10% loading where he has been suspended this at the Tribunal and is successful, which reduces the charge Referring to Tribunal for three matches in the previous two years and a further 10% Example: Player Thomson is charged with a Level 3 strike during to a Level 2 strike (125 points). He still qualifies for the 25% The Match Review Panel may refer any matter to the for each additional match. The maximum weighting a player the 2012 Grand Final. He was suspended for three matches in 2011. reduction for the guilty plea. Tribunal if it considers it appropriate to do so, based on can receive for offences in the past two AFL years will be capped Points are calculated as follows: the circumstances of the offence, the record of any player Base points: 125 at 50%. Base points: 225 involved, any suspected mitigating factors or any other Deduct 25% (31.25) for good record: 125 – 31.25 = 93.75. Deduct a Additional 22.5 points (additional 10% for prior record) unusual features of any report. further 25% (23.44) for early guilty plea: 93.75 – 23.44 = 70.31 Smith Number of matches suspended in previous two AFL years 225 + 22.5 + 225 (for Grand Final offence) = 472.5 Example: A player is charged with a Level 5 strike (425 will carry 70.31 residual points for one AFL year. Thomson can accept 354.37 points with an early guilty plea. points). The Match Review Panel is not satisfied the sanction 5 Matches, 2 Matches 3 Matches 4 Matches according to the Table of Offences – Demerit Points is etc Contesting two or more factors Where the Reportable Offences of melee, misconduct (instigator of sufficient. It refers the charge to the AFL Tribunal. % Loading 0% 10% 20% 30% If a player contests two or more of the relevant factors at the AFL melee) or wrestling are sustained during the AFL Grand Final, the Tribunal and does not succeed on each matter then he will not Afl Year fixed financial sanctions applicable shall be doubled. Residual points are added after all other additions are made. receive a 25% reduction for the guilty plea. A reference to any previous period of AFL years shall be a reference to the period calculated retrospectively from Example: Player Jones was suspended for three matches in 2012. Example: Player Smith decides to challenge both the conduct State League competitions the round in which a player has been found guilty of a In 2013, he is charged with a Level 2 Rough Conduct offence; a 10% (intentional to reckless) and the contact (high to body) but is In the case of an AFL registered player incurring a suspension in Reportable Offence or Reportable Offences. For instance, loading is added to the base points for the new offence. successful in just one. In this instance he does not qualify for the a State League affiliated with the AFL, for any period within the where a player has been found guilty of a Reportable Offence or Reportable Offences in round 10 in 2013, the Base points: 225 25% reduction for the guilty plea. previous six AFL years and while an AFL registered player, the player previous period of two-to-six AFL years shall be the Add 22.5 points (10% for prior offence): 225 + 22.5 = 247.5 Base points: 125 shall not be entitled to the 25% deduction for his good record in period commencing from and including round 10 in 2011 Deduct 61.87 points (25% early guilty plea): 247.5 – 61.87 = 185.63 Deduct 25% for good record (31.25): 125 – 31.25 = 93.75 the AFL competition. However, for suspension in state leagues, the and 2007 respectively. Jones can accept 185.63 points with an early guilty plea. percentage additions shall not apply. Two or more offences in the one match Deductions If a player is found guilty of two or more Reportable Offences from 25% of the base points shall be deducted if the player has not been the one match and the residual points from each offence total more found guilty of any Reportable Offence within the previous six AFL than 100 points the player will be suspended for an additional match years. If the player’s only Reportable Offence(s) in the previous six until the carry over points are under 100 points. AFL years have been financial sanctions, he still qualifies for the 25% deduction. If a player takes an early guilty plea, the demerit points, Example: Player Smith is charged with 2 offences including additions or deductions, are subject to a 25% reduction. 1. Rough Conduct Level 1 125 points 2. Striking Level 2 125 points. Example: Player Smith has been on an AFL club list since 2007. Player Smith had a 20% loading as a result of a four-week He was fined for wrestling in 2010 and for engaging in a melee in 2011. suspension within the previous two years and also had 27.5 carry In 2013 he is charged with a Level 3 striking offence (225 points). over points from within the previous one AFL year. Player Smith qualifies for the 25% deduction for a good record and Smith was found guilty of the rough conduct charge resulting in he submits an early guilty plea. 177.50 points Base points: 225 125 (base points) + 25 (20% loading) + 27.5 (carry over points) Deduct 25% (56.25) for good record: 225 – 56.25 = 168.75 He was secondly found guilty of the striking charge resulting in 150 Deduct further 25% (42.19) for early guilty plea: points 125 (base points) + 25 (20% loading) 168.75 – 42.19 = 126.56 Note: The 27.5 carry over points are only applicable to the first He would be suspended for one match with 26.56 residual points charge and cannot be added to both. carried over for one AFL year. Rough Conduct charge 177.50 Striking Charge 150 Total Points 327.50 = 3 matches + 27.5 carry over points The result would mean that player Smith would be suspended for three matches and carry forward 27.5 points for one AFL year.

8 AFL TRIBUNAL 2013 AFL TRIBUNAL 2013 9 In determining the level of impact, regard will be had to the extent A strike or kick, as opposed to an attempt to strike or kick, requires more Definitions and Guidelines of force and in particular, any injury sustained by the player who was than negligible impact. Where a strike, for example, does not make more offended against. Regard will also be had to the potential to cause injury. than negligible contact, it is still open to the Match Review Panel to charge a (AMENDED – january, 2013) For example, contact to the head will generally have more impact than player for attempting to strike where it is satisfied that notwithstanding the contact to the body if the force used is similar. The potential to cause result, the intention was to connect with greater force. The following definitions and guidelines are published to assist player would realise may result in the Reportable Offence being serious injury is also relevant, such as in the following cases: All attempts to strike, kick or trip shall be allocated 80 demerit points. ■■ AFL clubs, players, the media and members of the public to committed but nevertheless proceeds with that conduct not caring any head-high contact with a player who has his head over Classification of certain strikes understand the way in which the Match Review Panel and AFL whether or not that conduct will result in the commission of the the ball, particularly when contact is made from an opponent For the purpose of these guidelines all players should note that the Tribunal will approach the determination of levels and points Reportable Offence. The reckless commission of a Reportable Offence charging from a front-on position; following factors are considered when determining the classification of a attributable to the Reportable Offences set out in the tables does not require any wish that the Reportable Offence be committed. ■■ forceful round arm swings that make head-high contact to a striking offence: starting on page 7 of this document and other matters relating to This does not require proof that the player turned his mind to the risk. player in a marking contest, ruck contest or when tackling; the reporting process and the Tribunal and appeals. A player who without looking swings his arm backwards in a pack Intent: Notwithstanding any other part of these guidelines, the fact that and strikes an opposing player in the face may be said not to have ■■ spear tackles; an act of striking occurred behind the play or off the ball or during a break In assessing the level of a Reportable Offence (1-5), the Match intended to strike his opponent but his conduct was reckless because in play or with a raised forearm or elbow is usually conclusive that the ■■ driving an opponent into the ground when his arms are pinned. Review Panel will take into account three relevant factors: it can be inferred from his action that he realised that his arm might strike was intentional. ■■ conduct; make contact or alternatively a reasonable player in his position would In determining the level of impact regard shall be had not only to Impact: Notwithstanding any other part of these guidelines, any reckless have realised that such contact might be made. The guideline relating the impact between the offending player and the Victim Player, but ■■ impact; and or intentional strike which is of an inherently dangerous kind and/or where to inferring a state of mind with respect to intentional offences has also any other impact to the Victim Player as a result of such impact. there is a potential to cause serious injury (such as a strike with a raised ■■ contact. application to determining if the player acted recklessly. However, By way of an example, where a Victim Player as a result of the impact elbow or forearm) will not be classified as “low impact” under the Rules even even if it is not established that the player realised the risk, he will from the offending player is pushed into the path of a fast-moving Video examples of incidents relating to conduct, impact and though the extent of the actual physical impact may be low. Such strikes will have acted recklessly if a reasonable player in his position would have third player, the impact to the Victim Player may be classified as high contact have been distributed to AFL clubs. Following is a guide be classified at a higher level commensurate with the nature and extent of realised the risk. or severe, even though the level of impact between the offending to how the Match Review Panel and Tribunal will interpret these the risk of serious injury involved. In the example given under negligent above, if a player collides with player and the Victim Player was only low or medium. three factors. A Reportable Offence occurs where any of the another player who has marked the ball, in circumstances where In addition to the effect on the Victim Player, the body language Misconduct offences set out in Law 19.2.2 of the Laws of Australian Football there is some further time after the mark has been taken, and where of the offending player in terms of flexing, turning, raising or Misconduct has a wide meaning and generally is any conduct which would (“the Laws”) or any other offence referred to in Rule 22.9 of the he blindly continued on, to contact the player taking the mark, then the positioning the body to either increase or reduce the force of be regarded as unacceptable or unsportsmanlike by other participants AFL Player Rules ("the Rules"), is committed. Many of the offences act would best be described as reckless. impact, will be taken into account. The absence of injury does not in the match or where it had the effect or potential to prejudice the in the Laws require the offending contact to be either intentional, preclude the classification of impact as severe. reputation of any person, club or the AFL or to bring the game of football reckless or negligent. Those terms are not defined in the Laws but Intentional Video depictions of incidents ranging in impact from severe into disrepute. Some specific examples of misconduct are now set out in are defined in the footnotes to Appendix 1 of the Rules and what Definition of ‘intentional’– A player intentionally commits a Reportable through high, to medium and finally low, will be available. the Table of Offences. follows is an explanation and some examples of how the Match Offence if the player engages in the conduct constituting the Reportable Serious misconduct offences will be referred directly to the Tribunal. Review Panel and the Tribunal will apply those concepts. Offence with the intention of committing that offence. An intention is a However any other act of misconduct will be subject to a fixed financial Contact state of mind. Intention may be formed on the spur of the moment. The AFL is determined to protect the health and welfare of sanction to be determined by the Match Review Panel Conduct The issue is whether it existed at the time at which the player engaged players by specifying strict sanctions for illegal, head-high The table on page 6 (Categorising the Level of Offences) provides for Forceful front-on contact in the conduct. contact and contact to the groin. the classification of conduct as either intentional, reckless or negligent In November 2006 the AFL Commission approved a new Reportable For example, where a player delivers a blow to an opponent with the Under the Categorising the Level of Offences table, contact conduct. Intentional acts are regarded as more serious than reckless Offence in the Laws of the Game as follows: intention of striking him. Whether or not a player intentionally commits can be classified as high, groin or body contact. High contact acts and reckless acts are regarded as more serious than negligent 19.2 Reportable Offence a Reportable Offence depends upon the state of mind of the player when is not limited to contact to the head and includes contact above acts. Mere accidental conduct will not constitute a Reportable Offence. 19.2.2 Specific Offences he does the act with which he is charged. What the player did is often the the shoulders. There may be a correlation between contact and (g) Intentionally, recklessly or negligently… best evidence of the purpose he had in mind. In some cases, the evidence impact to the extent that, for example, a strike to the stomach Negligence (xi) Bumping or making forceful contact to an opponent from that the act provides may be so strong as to compel an inference of what will be classified as body contact but its impact will be classified Definition of ‘negligent’– A player negligently commits a Reportable front-on when that player has his head down over the ball. his intent was, no matter what he may say about it afterwards. If the towards the high end of the scale if the effect was to reduce the Offence if the relevant conduct constitutes a breach of the duty of immediate consequence of an act is obvious and inevitable, the deliberate player’s ability to participate in the match. Note: care owed by the player to all other players. Each player owes a doing of the act carries with it evidence of an intention to produce the Contact to the groin shall include contact to the crease or hollow at ■■ A player can bump an opponent’s body from side-on but any contact duty of care to all other players to not engage in conduct which will consequence. The state of a player’s mind is an objective fact and has the junction of the inner part of each thigh with the trunk together with forward of side-on will be deemed to be front-on. constitute a Reportable Offence being committed against that other to be proved in the same way as other objective facts. The whole of the the adjacent region and including the testicles. player. In order to constitute such a breach of that duty of care, the ■■ A player with his head down in anticipation of winning relevant evidence has to be considered. When considering the issue In classifying contact, regard will be had to the point of contact conduct must be such that a reasonable player would not regard it as possession of the ball or after contesting the ball will be deemed to the Tribunal Jury must weigh the evidence of the player as to what his and where contact is both high and to the body, the Match Review prudent in all the circumstances. have his head down over the ball for the purposes of this law. intentions were along with whatever inference as to his intentions can Panel will classify the contact as high. Negligence is constituted by a person’s breach of duty to take be drawn from his conduct or other relevant facts. The player may or Contact shall be classified as high or to the groin where a player's Bumping or making forceful contact to an opponent from front-on reasonable care to avoid acts which can be reasonably foreseen to may not be believed by the Tribunal Jury. Notwithstanding what the head or groin makes contact with another player or object such as the when that opponent has his head down over the ball, unless intentional result in a Reportable Offence. While Australian Football is a contact player says, the Tribunal Jury may be able to conclude from the whole fence or the ground as a result of the actions of the offending player. By or reckless, will be deemed to be negligent, unless: sport, players owe a duty of care to others not to cause and to avoid of the evidence that he intentionally committed the act constituting the way of example, should a player tackle another player around the waist a. the player was contesting the ball and did not have a realistic prohibited contact. Reportable Offence. and as a result of the tackle, the tackled player's head made forceful alternative way to contest the ball; or An extra onus applies to protect players from serious neck injuries Video examples of respective incidents which are negligent, reckless contact with the fence or the ground the contact in these circumstances when they have their head down over the ball and to protect players b. the bump or forceful contact was caused by circumstances outside the or intentional, are available. The Laws provide for various categories of would be classified as high, even though the tackle was to the body. from bumps to the head. The definition of negligent also contains control of the player which could not reasonably be foreseen. permitted contact which shall not constitute a Reportable Offence. specific wording relating to bumps to the head (see rough conduct Such contact includes legally using a hip, shoulder, chest, arms or section starting page 12). Reportable Offences open arms, providing the football is no more than five metres away, The Laws set out specific Reportable Offences in Law 19.2.2. An example of negligent contact may be where a player collides with and contact which is incidental to a marking contest where a player is There are others. another player who has taken a mark and where contact occurs just legitimately marking or attempting to mark the football. Tackling and The Laws define certain offences such as charging and melees, after the mark has been taken. The offending player has a duty of care shepherding in accordance with the Laws obviously do not constitute a however they specifically provide that in interpreting Reportable to avoid any contact which would constitute a Reportable Offence by Reportable Offence. Offences, words, terms or phrases which are not defined in the Laws slowing his momentum as much as he reasonably can and a failure to shall be given their ordinary meaning. do so constitutes negligence. Impact Striking, kicking There are four categories of impact – severe, high, medium and low. Rough conduct Recklessness Striking, kicking, etc, therefore are interpreted in accordance with their Low impact requires more than just negligible impact. Most Reportable Rough conduct is interpreted widely in relation to any contact which is More serious conduct is known as recklessness. commonly understood meaning. A strike would usually be by hand, Offences require at least low impact and a collision or incident involving unreasonable or unnecessary in the circumstances. It is a Reportable Definition of ‘reckless’– A player recklessly commits a Reportable arm or even head and will generally not apply to other contact using negligible force will not ordinarily result in a charge. Offence to intentionally, recklessly or negligently engage in rough conduct Offence if he engages in conduct that he realises or that a reasonable the body. A kick is generally applied to contact by foot or leg. against an opponent which in the circumstances is unreasonable. 10 AFL TRIBUNAL 2013 AFL TRIBUNAL 2013 11 relevant Reportable Offence should be classified differently, it will to which that 25% discount applies, any points carried over from Definitions and Guidelines apply the points consequences according to that classification. a previous offence will be added and the 25% discount applied to Where there are exceptional and compelling circumstances the grand total of all adjustments including the addition of carried (continued) which make it inappropriate or unreasonable to apply the points forward points. consequences to the relevant classification, the Tribunal may Where a player successfully persuades the Tribunal that the Without limiting the wide interpretation of rough conduct, ■■ Whether the opposition player was in a position that was impose any sanction it considers appropriate. Reportable Offence should be classified lower than the level particular regard shall be had to the following officially recognised vulnerable to contact below the knees (for example, standing over Exceptional and compelling circumstances may arise where: determined by the Match Review Panel and where the player has forms of rough conduct. the ball or approaching from the opposite direction); (i) a Reportable Offence was committed in response to provocation; pleaded guilty to the offence as reclassified, the player in that (ii) a Reportable Offence was committed in self-defence; circumstance will be entitled to an early plea discount. 1. Rough Conduct (High Bumps) ■■ Whether the player making contact had any realistic alternative (iii) there are multiple Reportable Offences that arise from the For players reported during the Grand Final, the points will be The Player Rules provide that a player will be guilty of rough ways of approaching the contest or situation. same event or course of conduct. calculated in accordance with the table, with the various adjustments conduct where in the bumping of an opponent (whether reasonably or It should be noted that even where the contact is not made below the set out at the foot of the table and after all amounts have been unreasonably) he causes forceful contact to be made with any part of knees of the opposition player but to another part of an opponent's Mitigation calculated, the base demerit points shall then again be added to that his body to an opponent’s head or neck unless body, a player may still be guilty under the general definition of In determining a level to be given to a Reportable Offence, calculated total. This approach is an indication of the need to protect a. he player was contesting the ball and did not have a realistic Rough Conduct for making unreasonable contact by sliding or the Match Review Panel will not take into account any provocation the image and reputation of the AFL competition during its most alternative way to contest the ball; or dropping in to an opponent with their knees or feet first. or whether a player was acting in self-defence. Ordinarily those are important showcase event. b. the forceful contact to the head or neck was caused by matters which would be relevant to any sanction to be imposed and Where the Reportable Offences of melee, misconduct (instigation circumstances outside the control of the player which could not Reckless contact with umpire while the Tribunal will generally apply the level classification of the of melee) and wrestling are sustained during the AFL Grand Final, the reasonably be foreseen. A player who makes contact with an umpire after setting up, or Match Review Panel and the prescribed points consequences, there is fixed financial sanctions applicable shall be doubled. standing, behind him at a bounce or ball-up will be considered reckless. In the interests of player safety, the purpose of the rule dealing power in exceptional and compelling circumstances for the Tribunal to If the force was high or severe and the financial sanctions Direct reference to the AFL Tribunal with high bumps is to reduce, as far as practicable, the risk of head substitute another outcome, if it is appropriate in all the circumstances not appropriate, then the Match Review Panel may refer the incident Where the Match Review Panel determines on the basis of the evidence injuries to players and this purpose needs to be kept firmly in mind by to do so. to the Tribunal. before it that it is not able to determine with sufficient certainty, the all players and will guide the application of the rule. relevant factors set out in the Categorising the Level of Offences table Injury 2. Rough Conduct (Bumps to the Body) Misconduct – Instigator of melee in respect of any Reportable Offence, or for any other reason, the Match The Match Review Panel and the Tribunal can inquire and receive It should be noted that even if the rule relating to high bumps does not Is defined as where the player's conduct results in retaliatory action Review Panel may refer the matter to the AFL Tribunal in accordance information as to the nature and extent of any injury suffered by a apply (for example in the case of a bump to the body), a player may which leads to a melee. The offence of Misconduct –Instigator of with Player Rule 22.12.9 in which case, the player shall not have the player in relation to a Reportable Offence. The nature and extent of still be guilty of rough conduct if his conduct was unreasonable in the Melee is in addition to the offence of Engaging in a Melee which may option of an early plea. Where a player is referred directly to the Tribunal, injury may be a relevant factor in determining the level of impact, point circumstances. In determining whether any bump was unreasonable have the effect of a player being found guilty of both offences. the Tribunal may favourably consider a player’s guilty plea, however the of contact and in some instances, the nature of the conduct. Clubs in the circumstances, without limitation, regard may be had to: player shall not be automatically entitled to a 25% discount. must provide a medical report within three hours of a request to do so. ■■ Whether the degree of force applied by the person bumping was Misconduct Staging The rules have been amended to allow the Match Review Panel greater excessive for the situation; A player will be reported for staging. Staging can include excessive investigative powers for the purpose of ensuring so far as is possible and Points exaggeration of contact in an unsportsmanlike manner. Staging regardless of the apparent conclusiveness or otherwise of any video, that ■■ Whether the player being bumped was in a vulnerable position; In determining the points relevant to the level determined by shall be a Reportable Offence as it may: the Match Review Panel can still classify offences, as it sees fit. the Match Review Panel, the discount for an early plea shall ■■ Whether the player could reasonably expect the contact having ■■ affect umpires' decision-making; The Match Review Panel may also refer a matter to the Tribunal apply to the points relating to the relevant offence, after the regard to his involvement in play or ability to influence the contest. if it considers it appropriate to do so based on the circumstances ■■ incite a melee; and/or adjustments referred to at the foot of the Categorising the of the offence, the record of any player involved, any suspected 3. Rough Conduct (Dangerous tackles) Level of Offences table. ■■ not be in the spirit of the game (unsportsmanlike); mitigating factors or other unusual features of any report such as The application of a tackle may be considered rough conduct which There shall be no increase in base points where a player has been a hit ‘off the ball’ on an unsuspecting opponent. is unreasonable in the circumstances. In determining whether If a player is reprimanded for a first offence of staging the found guilty of a Reportable Offence within the preceding two AFL the application of a tackle constitutes a Reportable Offence and reprimand will be valid for the remainder of his career. years where the only sanction applied was a financial sanction. Other matters whether the offence is negligent, reckless or intentional, without If within the preceding two AFL years, a player has been found Appeals – New Evidence limitation, regard may be had to the following factors: Tripping guilty of a Reportable Offence(s) or taken an early plea resulting in Appeals are available in relation to an error of law, a grossly ■■ Whether the tackle consists of more than one action, regardless In determining whether a trip is above the level of impact to suspension, various percentages of the base points may be added, unreasonable decision, manifestly excessive classification or of whether the player being tackled is in possession of the ball; constitute a Reportable Offence, regard will be had to how fast the up to a maximum of 50%. manifestly excessive sanction. The Appeal Rule 24 however provides opponent was moving, whether the trip was by hand or by foot/leg Clubs and players should be aware that the sanctions ■■ Whether the tackle is of an inherently dangerous kind, such as a that an appellant can seek leave of the Appeal Board to produce fresh and whether contact was made with a swinging motion. applicable to players found to have committed a Reportable spear tackle or a tackle where a player is lifted off the ground; evidence provided the appellant can convince the Appeal Board that Offence are significantly affected by a player’s prior history. the evidence sought to be produced could not by reasonable diligence, ■■ Whether an opponent is slung or driven into the ground with Players should be aware of the compounding consequences procedural and other matters have been obtained prior to the conclusion of the Tribunal hearing and excessive force. which apply in the event that they are subsequently found guilty where that evidence is of sufficient value that had it been presented Charges in the alternative of a Reportable Offence and suspended. 4. Rough Conduct (Contact below the knees) before the Tribunal, the Tribunal would have reached a different The Match Review Panel will generally not charge a player for a Under the Laws of Australian Football, it is prohibited to make contact 25% of the base points in the table shall be deducted if a player has decision [see Rule 24.21(b)]. specific offence and another offence in the alternative. with an opponent below the knees. Players who keep their feet are not in the preceeding six years: Player Rule 23 provides that the Tribunal may allow charges to be ■■ vulnerable to serious injury from opponents who lunge, dive or slide amended at any time during the hearing before the Tribunal (Player been suspended or reprimanded for any Reportable Offence; or Umpires toward them and make contact below the knees. It is the purpose of The Match Review Panel shall contact an umpire who completes Rules 23.9.2 and 23.14) and the Match Review Panel expects that ■■ been suspended or reprimanded for a Reportable Offence by a these guidelines to protect such players from the risk of foreseeable and lodges a Notice of Report with the Match Review Panel prior those rules will apply to ensure that in an appropriate case, based State League affiliated with the AFL competition. injury. A player may be guilty of Rough Conduct if he makes contact on the evidence before the Tribunal, a charge will be amended if to deciding whether to charge a player with a Reportable Offence below the knees of an opponent and does so in a manner which is necessary. To avoid any doubt, the power to amend a charge includes The reference to AFL years refers to years in which the player was a referred to in the Notice of Report. unreasonable in the circumstances. It is not a defence that the player the power to substitute another charge. registered AFL player. who made the prohibited contact was contesting the ball or was The preceding number of AFL years is defined as the equivalent Intra-club Matches Charges first to the ball. The primary responsibility of players with respect to round in the relevant previous year of the pre-season competition The AFL will not report players in intra-club matches other The Match Review Panel shall set out details of the relevant contact below the knees is to avoid the risk of foreseeable injury. In or the home and away competition. In the case of the finals, it is than incidents relating to umpires. These will be dealt with by factors including conduct, impact and contact as well as the determining whether any contact below the knees is unreasonable in calculated by reference to the same week number in the previous final the Match Review Panel. score and level (where applicable) in respect of all charges the circumstances, regard may be had to: series. Other individual matches such as representative matches, referred to the Tribunal. ■■ The degree of momentum and/or force involved in the contact; exhibition matches or practice matches which are subject to the AFL Financial Sanctions Where a player has the opportunity to take an early plea and rules, are calculated retrospectively from the date of the match or First- and second-year primary list players, players on minimum ■■ Whether the player causes contact below the knees by sliding does not do so, the Tribunal will hear the matter and while there reprimand in those matches. wages and rookie list players can be fined a maximum of 50% of with his foot, feet, knee or knees in front of him; is a presumption that the Tribunal will adopt the classification of A player will be entitled to a 25% discount for taking an early plea their match payment for a first offence fixed financial sanction. the Match Review Panel, where the Tribunal determines that the in accordance with Rule 22.12.8(c)(i), however, in calculating the total

12 AFL TRIBUNAL 2013 AFL TRIBUNAL 2013 13 Allegation Against Other player - Fairness to that Player ■■ Adequate notice should be given to the Secretary of the Tribunal GUIDELINES FOR If an allegation is to be made of illegal, improper or of any incident on the 2013 Composite DVD sought to be relied unsportsmanlike conduct on the part of another player as part upon so he can arrange for that video evidence to be of a defence case, the player making the allegation must inform ready to be played at the hearing. TRIBUNAL HEARINGS the other player and the Tribunal Secretary in writing by 11am on ■■ The Tribunal will not receive video evidence of the day of the Tribunal hearing of the substance of the allegation. any other incidents. Introduction ■■ In particular, in the case of leave being sought by a player Subject to the guideline relating to Victim Player evidence, if ■■ The AFL Tribunal (the Tribunal) is established pursuant to the who has been charged, leave will be granted if the Chairman fairness requires, such a player may be called by Tribunal Counsel Sanction – exceptional and compelling circumstances AFL Player Rules (the Player Rules) to hear and determine is satisfied that the player’s case will be prejudiced or to give evidence. ■■ Player Rule 23.7.1 (a) (ii) provides that where there are charges brought before it under the Player Rules. disadvantaged if the Victim Player’s evidence is not called. exceptional and compelling circumstances which would make Evidence of umpires it inappropriate to apply the consequences in Appendix 1 to the ■■ These Guidelines are published to guide AFL Clubs, Players ■■ Thus, in seeking leave, it will be necessary to be able to outline ■■ Tribunal Counsel will not necessarily call the umpires. Should it classification that has been determined by the Tribunal Jury and their representatives in relation to various aspects of the the evidence it is anticipated the Victim Player will give if called be desired that an umpire be called, the Secretary of the Tribunal for an offence the Tribunal jury may impose such sanction or operation of the Tribunal. These Guidelines are made pursuant to and how the player’s case will be prejudiced or disadvantaged if should be informed by 11am on the day of the hearing. He will sanctions as they in there absolute discretion think fit. Rule 23.3.8 of the Player Rules. They support the Rules but are that evidence is not called. It is important that contact be made then arrange for the attendance of the umpire either personally not a substitute for them. The Guidelines may from time to time with the Victim Player to ascertain what evidence that player will ■■ Should it be intended, in the event of the Tribunal Jury or by video. In these circumstances, the umpire would then be be varied or expanded to cover other matters. be able to give. Experience has revealed that this has not always determining a classification for an offence, to contend that called at the hearing by Tribunal Counsel. been done. The Player Rules do not prohibit contact being made there are exceptional and compelling circumstances which ■■ Before having any involvement with the Tribunal, Clubs, Players with a Victim Player to ascertain his account of the incident. They would make it inappropriate to apply the consequences and their representatives should ensure that they are conversant Video evidence of other incidents do preclude any attempt to influence that account, to put words in Appendix 1 to the classification particulars of the matters with the relevant Laws of the Game and the Player Rules, ■■ The Player may rely before the Tribunal on any incident into his mouth. Leave will not be given to enable fishing exercises it would be contended constitute such circumstances should particularly Rule 23 which governs the operation of the Tribunal. contained in the new composite video (2013 DVD) that is said to to be undertaken in the hope that some evidence of assistance be provided to the Secretary of the Tribunal by 11.00am on be comparable to the incident in respect of which the player is ■■ These directions are published to assist Clubs, Players and their might be forthcoming from the Victim Player. the day of the hearing. charged or otherwise relevant to a matter in issue. representatives in appearing before the Tribunal. They guide the ■■ Should it be intended to seek leave, details of the basis of the Tribunal Jury in relation to legal matters they must consider in ■■ It will not be necessary to obtain the leave of the Chairman to adduce application should be provided to the Secretary of the Tribunal by relation to their verdict. such evidence. However, the Chairman may give some directions 11am on the day of the hearing. Unless otherwise requested, the to the Tribunal Jury as to the use of such evidence. Subject to Chairman will determine the application at the commencement Evidence of Victim Player such directions it will be a matter for the Tribunal Jury as to the of the hearing. To be able to determine the application before ■■ Rule 23.14(a) of the Player Rules provides that at any hearing assistance such evidence provides and the weight to be given to it. the hearing clear and comprehensive details of the basis of the before the Tribunal, no person shall call evidence from a application need to be provided. person against whom a Reportable Offence is alleged to have been committed (Victim Player) without leave of the Chairman. ■■ Under the previous Guidelines Victim Player evidence has usually The Rule provides that if the Victim Player gives evidence the been given by Telephone link. Experience has shown that the giving Chairman may direct the Tribunal Jury members in relation to the of evidence in that way has generally not been satisfactory. It does weight to be given to such evidence. The effect of this rule is to not enable the Victim Player to be shown any video footage of the DIRECTIONS FOR TRIBUNAL be distinguished from the circumstance in which another player, incident and be questioned about it. It does not enable the Victim including for example the Victim Player, wishes to respond to an Player evidence to be properly tested and evaluated. JURY MEMBERS allegation that is reasonably likely to reflect negatively on the ■■ On the making of an application for leave to call a Victim Player, sportsmanship of that player. General directions to help you form a view of the evidence, but no more. If you the Secretary of the Tribunal will request the Player pursuant to In all cases the Tribunal Jury will be instructed to apply the disagree with it you discard it. Any comment or argument ■■ The following is provided to guide Clubs, Players and their Rule 23.16 (a) of the Player Rules to appear before the Tribunal. following directions I might put to you about the facts – as distinct from these Representatives in relation to this Rule regarding the calling of That appearance must be personally or by video link. If the ■■ Members of the Jury you are the only judges of the facts in this directions of law - is in the same position as that put by counsel. the Victim Player. application for leave is not determined until the commencement case. No-one else. You decide the case upon the evidence – the of the hearing the Victim Player will need to be at the hearing or ■■ You must be satisfied on the Balance of Probabilities that any ■■ Under the previous AFL Tribunal Rules the Victim Player gave oral evidence from any witness, the video evidence and any available on video link to give evidence if the application is granted. alleged Reportable Offence or Grading has been established evidence. However, it was the experience of those proceedings documentary evidence. against the player. That is that you are clearly satisfied that it is that generally that evidence was not of assistance to a fair, ■■ Determining the application before the hearing will avoid ■■ You do not decide the case according to prejudice, bias, more probable than not that he committed the alleged offence credible and expeditious determination of the matter where the inconveniencing the Victim Player if the leave is not granted. sympathy, gossip or anything else. If there has been any or that the alleged Grading applies. The player does not have to evidence of umpires and video replay were available. However it is reiterated that sufficient details need to be provided television, radio or press publicity, you should totally disregard establish anything. with the application for this to be done. ■■ This is because experience has shown that football players have a that. You should totally disregard any comment about the case ■■ Although your verdict does not have to be unanimous you should strong view that loyalty to other football players requires that they ■■ Pursuant to Player Rule 23.16 (b), the Chairman may excuse the by any coach, club member, official, commentator or any other endeavour to be unanimous - that is all agreed. However if you should not be too eager to come forward and blame other players. Victim Player from appearing personally or by video link if the person. cannot all agree, your verdict can be by a majority of you. That Football is a game where team spirit and loyalty are important. chairman is of the opinion that the player is suffering from any ■■ It is your duty to act independently and impartially. is where two of you are agreed. Many players take the view that they should always show loyalty injury or medical condition that would prevent the player from to another professional footballer, even if from another team and attending. If the Victim Player was so excused his evidence can ■■ You consider all the evidence in the case. You give each part of it Specific directions even if they were the subject of unfair conduct. Some players be taken by telephone link. Particulars of any application to be the importance which you think as a judge it should be given. You These will be given when appropriate to do so. Matters that may might not be willing to admit that another player has hurt them. excused pursuant to Player Rule 23.16 (b) should be provided accept what you believe is true and should be accepted, reject be the subject of specific directions where relevant include:- The Tribunal is not a Court of Law where people are compelled to the Secretary of the Tribunal by 11.00am on the day of the what you disbelieve – and in accordance with the weight you under penalty to give evidence and to do so on oath. hearing. These particulars should provide sufficient details of give to such evidence, as you accept, you determine what in your ■■ Elements of the Reportable Offence the injury or medical condition, preferably through a Doctors judgement are the true facts. ■■ Consequently, the Tribunal reforms and new Rules proceed on ■■ Conduct – intentional, reckless or negligent Certificate to enable the Chairman to properly consider the the basis that Victim Players will generally not be called to give ■■ In assessing the evidence and determining the facts you ■■ Impact application and decide whether the player should be excused. evidence, with leave being required under Rule 23.14(a) for such make use of your common sense, your experience of life. ■■ Contact evidence to be given. ■■ Tribunal Counsel can apply to call a Victim Player to give You have each had substantial experience over a long period ■■ Evidence of Victim Player evidence and leave will be given if the interests of justice of time as footballers. You also make use of that experience. ■■ Absence of reaction by umpires or adjacent players ■■ The discretion under Rule 23.14(a) cannot be exercised require it. This could include cases where there is no video of You judge the evidence fairly and impartially in the light of ■■ Good record arbitrarily. The determining factor is whether the interests of the incident or the player’s defence involves an allegation of your common sense, your experience of life and your ■■ Prior offences justice require that leave be given. illegal, improper or unsportsmanlike conduct by the Victim experience as footballers. ■■ Attempt to commit a Reportable Offence ■■ Thus, leave will be given to call a Victim Player to give evidence if Player and fairness requires that that player’s account be heard ■■ Exceptional and compelling circumstances ■■ Any comment or argument of Tribunal Counsel and the Player’s the Chairman is satisfied that the interests of justice require that (see next page). ■■ Video evidence Advocate or Counsel is of course not evidence. It is intended leave be given.

14 AFL TRIBUNAL 2013 AFL TRIBUNAL 2013 15 Tribunal 2013

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