Rowing Australia 2020 Paralympic Selection Policy Handbook

Rowing Australia

2020 Paralympic Selection Policy Handbook

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

OWING AUSTRALIA LIMITED PO Box 7147 YARRALUMLA, ACT. 2600 Check the RA website for the latest notifications and amendments to the 2020 Paralympic Selection Policy Handbook

TABLE OF CONTENTS:

PART 1 INTRODUCTION ...... 1 PART 2 GUIDING PRINCIPLES OF SELECTION ...... 1 PART 3 RA PARALYMPIC NOMINATION CRITERIA ...... 4 PART 4 THE HIGH PERFORMANCE COMMISSION ...... 6 PART 5 THE SELECTORS ...... 7 PART 6 THE SELECTION OMBUDSMAN ...... 8 PART 7 APPEALS...... 9 PART 8 GENERAL ...... 9 PART 9 INTERPRETATION ...... 9 PART 10 ANNEXURES ...... 11

ANNEXURES: Annexure A: Nomination and Eligibility Requirements Annexure B: 2020 Paralympic Team Event Requirement Annexure C: PA General Selection Criteria Annexure D: RA Appeals Policy Annexure E: RA Notice of Appeal Form

ROWING AUSTRALIA 2020 PARALYMPIC SELECTION HANDBOOK SENIOR PARA-ROWING TEAM AND PARALYMPIC TEAM Published 11 November 2019 PLEASE READ THIS DOCUMENT CAREFULLY AND TAKE NOTE OF ITS CONTENTS CHECK THE RA WEBSITE FOR UPDATES, AMENDMENTS AND NOTIFICAITONS THIS IS AN IMPORTANT DOCUMENT IF YOU ARE SEEKING SELECTION IN NATIONAL TEAMS LEADING UP TO AND INCLUDING THE 2020 PARALYMPIC GAMES

PART 1 INTRODUCTION

1.1 Objective

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

1.2 Application

1.2.1 Rowing Australia Limited (RA) will select Athletes for the National Team, and nominate Athletes to Paralympics Australia (PA) for the 2020 Australian Paralympic Team, in accordance with this Selection Policy.

1.2.2 The Selection Policy applies to all Athletes wishing to be considered for selection in the National Team and/or nomination to PA for selection to the 2020 Australian Paralympic Team. It also applies to those Athletes who are members of the National Team.

1.2.3 The Selection Policy does not apply to officials and coaches. The HPC has responsibility for and discretion in respect of the selection and removal at any time of officials and coaches, and any decision by RA in that regard is final and not subject to any approval or appeal under the Selection Policy.

PART 2 GUIDING PRINCIPLES OF SELECTION

2.1 Mandatory Requirements

All Athletes wishing to be considered for selection must satisfy and continue to satisfy the conditions and requirements of each of the following:

(a) the Nomination and Eligibility Requirements (refer to Annexure A);

(b) the Selection Policy including the Event Requirements (refer to Annexure B);

2.2 Primary RA Selection Criteria

The RA Selection Criteria that must be taken into account by the Selectors in selecting Athletes for the National Team and the nomination of Athletes by RA to PA for selection to the 2020 Australian Paralympic Team include the following:

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

(b) current national and international performances.

2.3 Further RA Selection Criteria

When the primary RA 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 RA Selection Criteria in selecting Athletes 2

for the National Team and the nomination of Athletes by RA to PA for selection to the 2020 Australian Paralympic 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 coxes only, maintaining specified weight profiles;

(j) for coxes only, consultation with rowers;

Notwithstanding anything in this Selection Policy, in selecting a reserve or reserves, the Selectors may take into account one or more of any of the RA Selection Criteria in paragraphs 2.2 and 2.3, including the additional RA Selection 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 RA Selection Criterion of “athlete versatility” or one or more of the further RA Selection Criteria in paragraph 2.3 over the primary RA Selection Criteria in paragraph 2.2 when considering the selection of a reserve or reserves.

2.4 Consideration of Data and Information

In applying any of the RA Selection Criteria, the Selectors may consider results and reports recorded from collated data and information including, without limitation, ergometer results, past race results, sports science or medical tests or considerations, training camps, ability to maintain required training loads, and weight profiles (for coxes).

2.5 Extenuating Circumstances

2.5.1 In considering the performances of Athletes at events, trials, training camps or other attendances required under the Selection Policy, Paralympic Nomination Criteria or the Event Requirements, the Selectors may in their discretion give weight to Extenuating Circumstances.

2.5.2 Any Athlete unable to compete at events, trials, training camps or satisfy other attendances required under the Selection Policy, Paralympic Nomination Criteria or the Event Requirements must advise the Performance Director of this fact in writing, including all relevant reasons. The written advice must where practicable be given within 24 hours of the commencement of the event, trial, training camp or other attendance and in all other cases within a reasonable time of becoming aware of the failure to meet the particular requirement.

2.5.3 In the case of illness or injury, Athletes will be required to undergo a medical examination by a medical practitioner or other health professional nominated by RA, and must consent to the provision of information from any such practitioner or professional to the Selectors and RA.

2.5.4 Where any Athlete seeks consideration of Extenuating Circumstances, a decision in each case will be made by the Selectors (or their delegate) in their sole discretion on an individual basis, provided however that any such decision will not be binding on PA.

2.6 Selectors’ Discretion

2.6.1 The Selectors have discretion in selection of Athletes to, or removal of Athletes from, a National Squad or National Team having regard to the RA Selection Criteria. These criteria are set out in paragraphs 2.2 and 2.3 of the Selection Policy.

2.6.2 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 Selection Policy. 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.

2.7 The Event Requirements

2.7.1 RA shall issue Event Requirements for international events.

2.7.2 The Event Requirements shall form part of the Selection Policy 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.

2.7.3 Without limiting RA’s discretion in deciding what material is relevant for inclusion in the Event Requirements, RA may nominate priority categories, a Priority Boat or Priority Boats and the ranking of boats and events in the Event Requirements, or by way of update or subsequent bulletin or publication. 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, or by way of update or subsequent bulletin or publication. To the maximum extent possible, RA will make these nominations as soon as practicable in the circumstances for the event.

2.7.4 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.

2.7.5 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. Failure to progress or be invited to the next trial or stage of the activity plan within the Event Requirements (without written approval or exemption) shall also mean that the Athlete has been removed from the Long List.

2.7.6 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 RA Selection Criteria for a Priority 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.

2.8 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 RA Team 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 RA PARALYMPIC NOMINATION CRITERIA 3.1 Nomination General Information

3.1.1 RA will include Athletes in the Long List and nominate Athletes to PA for selection to the 2020 Australian Paralympic Team in accordance with Part 2 and Part 3 of the Selection Policy. The powers of the RA Board include without limitation approving Athletes selected by the Selectors in accordance with the 2020 Paralympic Selection Policy Handbook and the applicable Event Requirements for nomination to the PA for selection to the 2020 Australian Paralympic Team. Officials (including Coaches) will be nominated to the PA in accordance with the Standards for the Nomination of Officials to be developed by RA and approved by the PA.

3.1.2 PA is solely responsible for the selection and removal at any time of Athletes to and from the 2020 Australian Paralympic Team. Athletes will be selected by PA in accordance with the PA General Selection Criteria (refer to Annexure C). RA may request the removal of any Athlete selected in the 2020 Australian Paralympic Team where RA determines that the Athlete has breached the provisions of the RA National Selection Policy, however any decision to remove an Athlete selected in the 2020 Australian Paralympic Team will be determined by PA in its sole and absolute discretion.

3.2 Inclusion in the Long List

3.2.1 RA will choose Athletes from within its sport to be members of PA’s Long List. The Long List will include:

(a) all Athletes who were selected in the Senior Para-Rowing Team to compete at the 2019 World Rowing Championships; and

(b) any additional Athletes that are deemed by the Selectors to have the capability to effectively compete at the 2020 Paralympic Games as assessed under the RA Selection Criteria outlined in Part 2 of this National Selection Policy.

3.2.2 PA may also recognise other Athletes from within this sport to be members of the Long List.

3.2.3 RA will advise PA of the Athletes that it has nominated as members of the Long List at such time as required by PA.

3.2.4 If an Athlete breaches the requirements of the Selection Policy or the PA General Selection Criteria, RA or PA may suspend or terminate the Athlete’s membership of the Long List.

3.2.5 RA may include additional Athletes to the Long List based on performances. RA will advise PA of additional Athletes who have met the requirements at such time as required by PA.

3.2.6 RA intends to reduce the size of the Long List progressively throughout the activity plan within the Event Requirements, including at the conclusion of the Selection Trial (to be held from 28 February 2010 to 7 March 2020 in Penrith), based on the RA Selection Criteria outlined in Part 2 of the this Selection Policy.

3.3 Nomination by RA to PA for Selection in the 2020 Australian Paralympic Team

3.3.1 In accordance with the Qualification System:

(a) where Australia qualifies a quota place in a certain event at the 2019 FISA World Rowing Championships (held from 25 August to 1 September 2019 in Linz, Austria), then (subject to paragraph 3.3.2) RA will nominate Athletes for that boat based on the recommendations of the Selectors made in accordance with Selection Policy, and in particular the RA Selection Criteria in Part 2.

(b) where Australia qualifies a quota place for a boat at the Final Paralympic Qualification Regatta (to be held from 8 to 10 May 2020 in Gavirate, Italy), then (subject to RA, at its discretion, choosing to nominate the boat for the event at the 2020 Paralympic Games) the Athletes who achieved the 5

qualification will be nominated by RA to PA for selection to the 2020 Australian Paralympic Team and required to row in that boat event at the 2020 Paralympic Games.

3.3.2 For the purposes of nomination to the PA for selection to the 2020 Australian Paralympic Team, RA will:

(a) only nominate those Athletes who to the satisfaction of RA on the recommendation of the Selectors:

(i) will contribute to the achievement of Australia’s performance objectives at the Tokyo 2020 Paralympic Games (paragraph 1.1); and

(ii) have met the requirements of this Selection Policy (including the Event Requirements) for the Senior A National Team in a boat for which Australia has qualified quota places for the 2020 Paralympic Games.

(b) only nominate Athletes who:

(i) are Australian Citizens in accordance with the IPC Entry Eligibility requirements for the 2020 Paralympic Games; and

(ii) satisfy the requirements set out in the IPC Qualification Regulations;

(iii) are internationally classified either with a ‘Confirmed’ sport class status or a ‘Review’ sport class status with a review date after 31 December 2020;

(iv) agree to abide by the FISA Para-Rowing classification rules and regulations, the IPC Athlete Classification Code and any relevant RA or PA classification policies and requirements, including attending classification assessment as required;

(v) complete any classification education modules as released by PA;

(vi) agree to disclose previous classification documentation and/or medical diagnostic documentation from relevant specialists for classification which may include;

(A) providing medical diagnostic information detailing the Athlete’s underlying health condition and eligible impairment;

(B) undertaking any additional medical assessment or provide further medical diagnostic information as required by RA, PA or FISA for the purpose of classification;

(C) if an Athlete has any medical intervention, or if changes occur to the Athlete’s impairment which may impact on their classification, Athletes must provide medical documentation to PA, RA or FISA;

(vii) agree to notify RA, PA and FISA if there is any change to assistive devices, or equipment used, which may impact their classification in any way, and agrees to undergo further classification assessment if required.

(viii) have not breached the FISA Para-Rowing classification rules and regulations, or the IPC Athlete Classification Code, unless the Athlete has been sanctioned for the breach and has completed the sanction imposed (unless the sanction was equal to or greater than 2 years, in which case the athlete is ineligible for nomination). For purpose of this clause, a breach may include, among other things:

(A) an Athlete under investigation for International Misrepresentation where a notice has been issued, or the Athlete has been sanctioned under the FISA Para-Rowing Classification Rules and Regulations; or

(B) failure to comply with an Athlete’s obligations under the FISA Para-Rowing Classification Rules and Regulations; 6

(ix) has not breached the Anti Doping Policies of RA, PA, IF, ASADA or WADA unless the Athlete has been sanctioned for the breach and has completed the sanction imposed;

(x) has from the date on which he or she was nominated to the Long List, been available for sample collections as required by the Australian Sports Anti-Doping Agency (ASADA) and if requested by ASADA, provided up-to-date information regarding their whereabouts on a regular basis;

(xi) has completed the appropriate ASADA anti-doping education as required by RA;

(d) only nominate those Athletes it honestly believes have met the requirements described in the RA Selection Criteria and the PA General Selection Criteria;

(e) not nominate more Athletes (including reserves) than the maximum number permitted under the Qualification System.

3.4 Reserves or Alternates

RA will use this Paralympic Nomination Criteria (Part 3) to determine reserves. Reserves will not be members of the 2020 Australian Paralympic Team unless and until they replace another Athlete.

Any reserves or alternates will be nominated in accordance with FISA regulations (refer to FISA Website; www.worldrowing.com).

3.5 Making of Nominations

RA must nominate Athlete and crew combinations to PA on or before 5:00pm AEST on 22 May 2020.

Nominations made after this deadline (or within such further deadline as PA may allow) will be invalid unless made pursuant to a direction or award in respect of an appeal against non-nomination to the RA Appeals Tribunal or the Court of Arbitration for Sport and which appeal had been commenced prior to the deadline for receipt of nominations by PA.

3.6 Amendments to Nomination Criteria

This Paralympic Nomination Criteria may be amended by RA with the prior written approval of PA. Any amended Paralympic Nomination Criteria will be notified to Athletes.

3.7 Appeals

Appeals from a decision by PA not to select, or to deselect, an Athlete who was nominated by RA to PA for selection to the 2020 Australian Paralympic Team, must be dealt with in accordance with the PA appeals process set out in the PA General Selection Criteria.

All other appeals will be addressed in accordance with RA’s Appeals Policy. The terms of the Appeals Policy form part of this Selection Policy and apply to and are binding on all Athletes. A copy of the Appeals Policy can be found at ANNEXURE D. Bipartite applications and slots are not subject to the appeals process. Should an athlete be awarded a slot, the option does not exist for another athlete to appeal.

There is no appeal against the selection, non-selection, dismissal or removal of officials and coaches. Other important limitations on the rights of appeal are contained in the PA General Selection Criteria and the RA Appeals Policy themselves.

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: 7

(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 6 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 RA Selection Criteria in paragraph 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.

(i) approving Athletes selected by the Selectors in accordance with the 2020 Paralympic Selection Handbook and the applicable Event Requirements as members of a National Squad or the Australian Rowing Team.

PART 5 THE SELECTORS

5.1 Composition of Selection Panel

5.1.1 The selection panel for the Senior Para-Rowing Team will be comprised of three Selectors as follows:

(a) two Non-Executive Selectors, one of whom shall be the Chair of Selectors; and

(b) the current Para-Rowing Head Coach; and

5.1.2 The Non-Executive Selectors (including the Chair of Selectors):

(a) will be chosen at the sole discretion of the HPC, having the qualifications and experience that meet the requirements of the HPC; and

(b) 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 two Selectors, including the Chair of Selectors and the Para-Rowing Head Coach. 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, without limitation, 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 Selection Policy or the Event Requirements, on the basis of Extenuating Circumstances or any other conditions of the Event Requirements; 8

(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 paragraph 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 7 of the Selection Policy and the Appeals Policy, 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 Selection Policy, to observe and attend (at the Selection Ombudsman’s discretion):

(i) event, trials and other attendances required under the Selection Policy 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 Selection Policy (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 Selection Policy) of the relevant selection decision. The Selection Ombudsman is not authorised to make selection decisions.

PART 7 APPEALS

PART 8 GENERAL

8.1 Notification and Announcements

RA will deliver a notification or announcement made under or pursuant to the Selection Policy or the Event Requirements to an Athlete via the RA Website. The notification or announcement will be taken to be duly made or announced in accordance with this Selection Policy at 9am on the next day following publication on the RA Website.

8.2 Amendments

Any change or addition to the Selection Policy or the Event Requirements 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 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):

Appeals Policy means the RA Appeals Policy attached as Annexure E.

Athletes include rowers and coxes.

Event means World Championships, Paralympic Games, international regatta or event for which the Athlete seeks selection.

Event Requirements means the requirements for an Event set out in documentation issued and amended from time to time by the HPC.

Extenuating Circumstances means an inability to compete and/or attend at an event, trial, training camp or satisfy any other attendance required under the Selection Policy or the Event Requirements arising from: (a) injury or illness; (b) equipment failure; 10

(c) travel delays; (d) bereavement; and/or (e) any other factors reasonably considered by the Selectors to constitute extenuating circumstances.

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, and includes the Long List.

National Team means the national team selected to compete at the Event, and includes the 2020 Senior Para-Rowing Team.

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.

PA means Paralympics Australia.

PA General Selection Criteria means the PA “General Selection Criteria Australian Paralympic Team – Tokyo 2020 Paralympic Games” attached as Annexure C to this Selection Policy.

Paralympic Nomination Criteria means the criteria specified in Part 3 of this Selection Policy adopted by RA and approved by Paralympics Australia for the nomination of Athletes to Paralympics Australia for the Long List and the 2020 Australia Paralympic Team.

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

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 means the panel of selectors under the Selection Policy.

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

PART 10 ANNEXURES

Annexure A – Nomination and Eligibility Requirements

Annexure B – 2020 Event Requirements (Para)

Annexure C – T2020 APT General Selection Criteria and Appeals

Annexure D – RA Appeals Policy

Annexure E – RA Notice of Appeal Form

ANNEXURE A 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 B Event Requirements for Senior Australian Para-Rowing Team

Background:

The RA National Selection Policy – 2020 Senior Para-Rowing Team (“Selection Policy”) which includes the Paralympic 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 2020 Event Requirements operate as an appendix to the Selection Policy, including the Paralympic Nomination Criteria, and outline the activities that rowers and coxswains must complete to be eligible for:

• Selection consideration for the Australian Senior A Para-Rowing Team to compete at the FISA World Cup II, the 2020 Gavirate International Para-Rowing Regatta, and the FISA Final Qualification Regatta in Gavirate, Italy;

• Nomination to Paralympics Australia (PA) for selection to the 2020 Australian Paralympic 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).

Specific Activity Details:

ACTIVITY See Note(s) 2020 Para-Rowing Team Selection Activity Dates Close of Athlete Nominations 1,2 25 October 2019 Coxswain CVs Submitted 3 25 October 2019 State Time Trial 4 26-28 September 2019 State Time Trial 4 24-26 October 2019 5000m Ergometer Test 5 4-7 November 2019 State Time Trial 4 14-16 November 2019 State Time Trial 4 13-15 December 2019 2000m Ergometer Test 5 20 January 2020 NSW State Championships 6 7-9 February 2020 RA announcement of invitation to Selection Trials 8 16 February 2020 Para-Rowing Selection Trials 7, 8, 11 28 February – 7 March 2020 Gavirate International Para Rowing Regatta & Final Paralympic Qualification Regatta Team announcement 9, 11 7 March 2020 and briefing Sydney International Rowing Regatta 10 23-29 March 2020 FISA World Cup II 9,10,11 1-3 May 2020 FISA Final Paralympic Qualification Regatta 9,10,11 8-10 May 2020 Gavirate International Para Rowing Regatta 9,10,11 8-10 May 2020 RA announcement of athletes to be nomination to PA 13 18 May 2020 RA nomination of athletes to PA 22 May 2020 Preparation Camp 1 14 30 May – 6 June 2020 Preparation Camp 2 14 11-18 July 2020 Preparation Camp 3 14 1-8 August 2020 2020 Paralympic Games (Tokyo, Japan) 28-30 August

NOTES: b) Races will be conducted as part of the NSW Championship Regatta. 1) Eligibility: Athletes attempting selection in the Paralympic Rowing Team must be nationally or internationally classified prior to the 7) Participation of para-rowing athletes at the Para-Rowing Selection Selection Trials. The PRIMARY classification opportunity will be Trial will be by invitation only. RA will announce (in accordance with prior to the NSW Championships (7-9 February, 2020). the Selection Policy) the list of athletes invited to the Para-Rowing Trial by no later than five (5) days after the conclusion of the NSW 2) Nomination: Athletes wishing to be considered for Australian Para- Championships. In determining the Athletes who will be invited to Rowing Team selection must complete the online nomination form attend the Para-Rowing Selection Trial the Selectors will assess found on the Rowing Australia website performances in the activities specified in these Event (http://www.rowingaustralia.com.au/national-team-selection- Requirements against the Selection Criteria the Selection Policy. information/) by the date specified. 8) The Selectors reserve the right at their sole discretion to choose the 3) Nominating coxswains must submit a coxing CV and two race crew combinations, seat racing partners and the matrix of seat recordings by 17:00 AEDT to [email protected] on racing in the Para-Rowing Selection Trials, and to conduct the date specified. The CV should outline coxing history, past ergometer and such other tests as required in order for the performance and two coaching referees. Following the Selectors to assess the specified selection criteria. consideration of submitted information, coxswains may also be required to submit further recordings and/or participate in a 9) Para-Rowing Team for FISA World Cup II, FISA Gavirate coxswain selection interview. International Para Rowing Regatta and FISA Final Paralympic a) RA will announce (in accordance with the Selection Policy) Qualification Regatta announcement and briefing: the selected coxswain by no later than 14 February. Coxswains will be selected subject to the selection of the PR3 On 7 March 2020, RA intends to announce the team for FISA 4+. World Cup II, FISA Gavirate International Para Rowing Regatta b) In selecting any coxswain the Selectors will assess and the FISA Final Paralympic Qualification Regatta. performances in the activities specified in these Event Requirements against the Selection Criteria in the Selection 10) Participation in the National Championships will be mandatory for Policy. selected athletes and crews. Athletes will, as a minimum, be required to compete in their Australian Team selected boat. 4) State 5km Time Trials are to be completed in the Athlete’s domestic training environment. Athletes must complete each 11) Boats for the Australian Para-Rowing Team will be selected based Domestic Time Trial in either a 1x or 2- in equipment that is upon their on-water speed, and the selectors’ assessment of a compliant with RA Para-Rowing Competition Regulations and FISA boat’s ability to contribute to the achievement of the objective of rules relevant to the category in which the athletes would like to be the Selection Policy. Selectors will take into account the selection considered for national selection. criteria in the Selection Policy and will be giving significant weighting to the athlete’s boat-moving ability and his or her 5) National Ergometer Testing is to be conducted in line with individual performance data as listed in these Event Requirements. Australian Rowing Team Ergometer Testing protocols, available on the RA website at http://www.rowingaustralia.com.au/sports- 12) Coaches for the Australian Para-Rowing Team will be appointed by science/rowing-testing-protocols/ and must be completed and the HPC, which has responsibility for and discretion in respect of submitted to the athlete’s State Pathway Head Coach by the date the selection and removal at any time of coaches. specified. Performances will be assessed against the National Ergometer Benchmarks available at 13) RA will announce (in accordance with the Nomination Policy) the http://www.rowingaustralia.com.au/sports-science/rowing-testing- athletes to be nominated to Paralympics Australia on 18 May 2020. protocols/. To be eligible for selection by the NPC, athletes must meet the 6) The NSW Championships will be the primary activity for achieving eligibility requirements of the NPC including, without limiting those an invitation to the Para-Rowing Selection Trials for nominated requirements) having competed in at least one (1) official FISA athletes. competition between 1 January 2018 and 7 June 2020; being a) Athletes must compete in a small boat within this regatta internationally classified either with a ‘Confirmed’ sport class status (1x and/or 2-) in equipment that is compliant with FISA rules or a ‘Review’ sport class status with a review date after 31 relevant to the category in which the athlete would like to be December 2020. considered for national selection. PR1 and PR2 athletes are to compete in Para single sculls, while PR3 athletes are to compete 14) The National Team Training Camps and International Preparation in the PR3 pairs. activities are mandatory requirements for all athletes and coaches named in the Senior Australian Para-Rowing Team.

ANNEXURE C

PA General Selection Criteria Australian Paralympic Team

2020 Tokyo Paralympic Games

Paralympics Australia Limited ACN 061 547 984

PO Box 596, Sydney Markets NSW 2129 Tel: +612 9704 0500

www.paralympic.org.au

Board Approved as at 18 December 2018

Contents

1. Introduction ...... 3

2. Selection Process for Athletes...... 4

3. General Information ...... 5 3.1 Tokyo 2020 Paralympic Games Qualification Regulations .. 5 4. Eligibility ...... 5 4.1 Nationality ...... 5 4.2 Classification ...... 5 4.3 Additional Eligibility Requirements ...... 7 5. Long List ...... 7 5.1 General ...... 7 6. Nomination ...... 7 6.1 Nomination Criteria ...... 7 6.2 Athlete Nomination ...... 7 7. Selection ...... 7 7.1 Athlete Selection ...... 7 7.2 Notification of possible selection ...... 9 7.3 Athlete Team Membership Deed of Agreement ...... 9 7.4 Announcement of Selection ...... 10 7.5 Maintenance of Selection Status ...... 10 7.6 Selection of non-nominated athletes ...... 11 8. General Conditions ...... 11 8.1 PA Board ...... 11 8.2 Modification ...... 11 8.3 Detrimental reliance ...... 11 8.4 Disputes ...... 11 8.5 Governing law ...... 11 8.6 PA Athlete Endorsement, Sponsorship and Fundraising Guidelines ...... 12 8.7 Enquiries ...... 12 Attachment 1 - Endorsement, Sponsorship and Fundraising Guidelines ...... 13

Attachment 2 – Selection Appeals Process for the Tokyo 2020 Australian Paralympic Team ...... 16

1. Introduction ...... 16

2. Definitions and Interpretation ...... 16 2.1 Definitions ...... 16 2.2 Interpretation ...... 16 3. Dispute ...... 17 3.1 Dispute ...... 17 3.2 Dispute Notice ...... 17 3.3 Direct reference to Court of Arbitration for Sport ...... 18

Board Approved as at 18 December 2018 1

4. PA Tribunal ...... 18 4.1 Reference to arbitration ...... 18 4.2 Written submissions ...... 18 4.3 Joinder ...... 19 4.4 Decision of the PA Tribunal ...... 19 5. Appeal to Court of Arbitration for Sport ...... 19 5.1 Appeal ...... 19 5.2 Notice of Appeal ...... 19 5.3 Arbitration ...... 20 5.4 Written submissions ...... 20 5.5 General Principles ...... 20 5.6 Award final and binding ...... 21 6. General ...... 21 6.1 Notices ...... 21 6.2 Confidentiality ...... 22

Board Approved as at 18 December 2018 2

1. Introduction

A. Paralympics Australia (PA) is the Australian member of the International Paralympic Committee and thus the recognised National Paralympic Committee (NPC) for Australia. PA is authorised by the International Paralympic Committee (IPC) to enter duly qualified and eligible athletes in the Tokyo 2020 Paralympic Games (Games). PA is responsible for ensuring that selected athletes are appropriately classified in their respective sports prior to entry into the Games. PA selects the 2020 Australian Paralympic Team (Team).

B. PA has procedures for the selection of athletes into the Team (PA General Selection Criteria). This document sets out the PA General Selection Criteria and related information.

C. The Team is selected as follows:

(a) (Paralympic Long List) The relevant National Federation (NF), or PA in the case of PA managed sports, will select a Long List comprised of athletes who are considered to have a prospect of being nominated for the Team. Those athletes must agree to be bound by these PA General Selection Criteria.

(b) (Nomination) Athletes must be nominated by their NF, or PA in the case of PA managed sports, to be considered for selection into the Team. Athletes are nominated in accordance with the Nomination Criteria developed for each particular sport.

(c) (Selection) Athletes may be selected (and any reference to selection includes a reference to deselection) to be part of the Team at the sole and absolute discretion of PA. All members of the Team are required to sign an Athlete Team Membership Deed of Agreement to be eligible for selection.

Board Approved as at 18 December 2018 3

2. Selection Process for Athletes

The following diagram illustrates the selection process:1

Athletes are chosen or recognised as being part of the Long List by their NF

Long List

Each athlete must sign the Athlete Team Membership Deed of Agreement

NF nominates an athlete to the PA for consideration for selection

Nomination

PA decides whether to select a nominated athlete into the Team

Athletes are selected to the Australian Paralympic Team

1 This diagram is for illustrative purposes only. It attempts to outline the process for selecting the Team, however, to the extent that the diagram is inconsistent or conflicts with any part of these PA General Selection Criteria, the General Selection Criteria prevails.

Board Approved as at 18 December 2018 4

3. General Information

3.1 Tokyo 2020 Paralympic Games Qualification Regulations

The IPC and the Tokyo Organising Committee for the 2020 Olympic and Paralympic Games (TOCOG) have developed the Tokyo 2020 Paralympic Games Qualification Regulations (IPC Qualification Regulations). The IPC Qualification Regulations outlines the qualification systems to be met for athletes and teams seeking to compete in the Games. The IPC Qualification Regulations also stipulates the maximum number of athletes that can compete in the Games. PA is allocated a limited number of qualification slots which limits the number of athletes PA can enter in each sport. The IPC Qualification Regulations can be accessed by following this link:

https://www.paralympic.org/tokyo-2020/qualification-criteria

4. Eligibility

4.1 Nationality

Any athlete selected in the Team must be a national of Australia as determined by the IPC Athlete Nationality Policy detailed within the IPC Handbook.

The IPC Athlete Nationality Policy can be accessed by following this link: http://www.paralympic.org/the-ipc/handbook

4.2 Classification

(a) Only qualified athletes that meet the sport-specific classification rules, have been allocated an international sport class, and an appropriate sport class status as outlined, will be eligible to be selected in the Team.

(b) An athlete's classification is only valid if made by a classification panel recognised by the International Federation for the sport to make such an international classification.

(c) Athletes hold an international classification in their respective sport, which is listed on the International Federation Classification Masterlist, with a sport class status that complies with the sports eligibility requirements as outlined in Table 1 below.

(d) PA reserves the right to review the selection of athletes, including deselection, if exceptional circumstances arise that relate to the athlete classification for the sport or classification qualification criteria as detailed in the Tokyo 2020 Paralympic Games Qualification Guide

Board Approved as at 18 December 2018 5

TABLE 1 2020 Qualification - Classification Requirements

Sport Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Archery class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Athletics class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Badminton class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Boccia class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Canoe class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Cycling class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Equestrian class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Football 5-a-side class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Goalball class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Judo class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Powerlifting class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Rowing class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Shooting class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Swimming class status with a review date after 31 December 2020. Be internationally classified before 01 June 2020

Table Tennis Internationally classified with a ‘Confirmed’ sport class status

Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Taekwondo class status with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ or a Triathlon ‘Fixed Review’ sport class status both with a review date after 31 December 2020 Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Volleyball (sitting) class status with a review date after 31 December 2020 Wheelchair Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Basketball class status with a review date after 31 December 2020 Wheelchair Internationally classified with a ‘Confirmed’ sport class status Fencing Wheelchair Internationally classified with a ‘Confirmed’ sport class status or a ‘Review’ sport Rugby class status with a review date after 31 December 2020

Board Approved as at 18 December 2018 6

Wheelchair Internationally classified with a ‘Confirmed’ sport class status Tennis

4.3 Additional Eligibility Requirements

A comprehensive list of all eligibility requirements not referenced above, such as but not limited to age requirements, required licences etc. can be found in the IPC Qualification Regulations

5. Long List

5.1 General

Athletes may be chosen by their National Federation as being part of the Long List for their sport. The Long Lists comprise athletes who have a prospect of being nominated by their NF to PA for selection in the Team.

6. Nomination

6.1 Nomination Criteria

Each NF, or PA in the case of PA managed sports, will prepare Nomination Criteria for that sport and have it endorsed by PA prior to being published

The relevant Nomination Criteria will be distributed to the members of the long list by the athlete's NF and published on the PA website. Notwithstanding this, it is the responsibility of all athletes to obtain a copy of the relevant Nomination Criteria to the athlete's sport.

PA’s website is http://www.paralympic.org.au

The Nomination Criteria are at all times subject to the IPC Qualification Guide and these PA General Selection Criteria. If the Nomination Criteria are inconsistent in any way with the IPC Qualification Guide or the PA General Selection Criteria, the latter will prevail to the extent of any inconsistency (with the IPC Qualification Guide prevailing over the PA General Selection Criteria if there is a conflict). However, the Nomination Criteria are not inconsistent with the IPC Qualification Guide merely because the Nomination Criteria imposes a higher qualification standard or lesser number of qualification slots (participants) than as stated in the IPC Qualification Guide. Where this is the case, the higher qualification standard or lesser number of participants (as the case may be) will apply.

6.2 Athlete Nomination

Athletes may be nominated by their NF for consideration to be selected into the Team. Athletes are only eligible for nomination if they are a member of their NF's Long List at the time of their nomination. All nominations must be made in accordance with the Nomination Criteria for the athlete’s sport.

7. Selection

7.1 Athlete Selection

(a) PA is authorised by the IPC to enter duly qualified and eligible athletes in the Games. PA has designated the PA Board to be the sole selector of the

Board Approved as at 18 December 2018 7

Team. PA has the exclusive right to select athletes at its sole and absolute discretion to be in the Team.

(b) Only nominated athletes will be eligible to be selected into the Team (except in special circumstances - see section 7.6 below).

(i) may use its complete discretion and opinion; (ii) is not obliged to select athletes based on merit, fairness or reasonableness; (iii) is not obliged to select a nominated athlete; (iv) is not obliged to have regard to any purpose or objective; (v) is not obliged to consider any fact or thing; (vi) may consider any fact or thing; and (vii) may consult any person(s) or organisation(s),

in exercising its right to decide whether or not to select an athlete into the Team.

(d) Without limiting anything in this section 7, when considering athletes for selection to the Team, PA may have regard to whether an athlete:

(i) has a realistic prospect of achieving:

A. a gold medal in the Tokyo 2020 Paralympic Games;

B. a medal in the Tokyo 2020 Paralympic Games; or

C. a medal in the Paris 2024 Paralympic Games.

(ii) meets both these PA General Selection Criteria and the relevant Sport-specific Nomination Criteria for their respective sport;

(iii) meets the relevant classification requirements;

(iv) has signed, abided by and continues to abide by any NF Athlete Agreement and these PA General Selection Criteria;

(v) has at all times acted in such a manner that does not risk bringing into public disrepute or censure the Sport or, if applicable, the Team, the athlete's sport or PA;

(vi) is of good character and holds good standing in the community;

(vii) has committed any doping offence under the policies of PA Tokyo 2020 Paralympic Team, the World Anti-Doping Agency or the athlete's sport, as the case may be;2

(viii) has, from the date on which he or she was nominated to the Long List, been available for sample collections as required by the

2 This paragraph does not apply to any offence in respect of which the athlete has been sanctioned under the anti-doping policy of the World Anti-Doping Agency, PA or the athlete's NF, as the case may be, where that sanction has been satisfied in full.

Board Approved as at 18 December 2018 8

Australian Sports Anti-Doping Agency (ASADA) and if requested by ASADA, provided up-to-date information regarding their whereabouts on a regular basis in accordance with the requirements of PA and their sport;

(ix) has been the subject of a medical assessment, the results of which are satisfactory in the opinion of PA, and qualify the athlete for inclusion in the Australian Paralympic Team;

(x) has committed any classification related offences under the IPC Athlete Classification Code, the IPC Code of Ethics, the international federation classification rules for the athlete’s sport, as the case may be;

(xi) has completed any education modules as released by the IPC, PA or ASADA; and

(xii) the athlete has been endorsed by their NF.

(e) If an athlete’s classification is changed by an endorsed classification agent of the athlete’s sport subsequent to the athlete’s selection in the Team, the athlete’s selection in the Team is void. The athlete is eligible for selection in his or her changed class only if, in the opinion of the PA Board, the athlete is likely to compete at a level in that changed classification that would have warranted his or her selection in that class initially.

7.2 Notification of possible selection

Athletes who PA has determined it wishes to select will be notified by PA and asked to sign the Athlete Team Membership Deed of Agreement.

7.3 Athlete Team Membership Deed of Agreement

(a) Before selection as stated in section 7.2, athletes must sign the Athlete Team Membership Deed of Agreement to confirm their selection in the Team. Athletes who do not sign the Athlete Team Membership Deed of Agreement will not be part of the Team.

(b) The Athlete Team Membership Deed of Agreement will be provided to athletes by PA. The Athlete Team Membership Deed of Agreement will require the athlete amongst other things to:

(i) meet the Nomination Criteria of his or her sport;

(ii) be eligible to participate in the Games as an Australian competitor in the class in which he or she is qualified;

(iii) achieve satisfactory results for the medical assessment conducted by a medical practitioner appointed by PA (as determined at the sole discretion of PA);

(iv) act and have acted at all times in such a manner that does not risk bringing into public disrepute or censure the Para- Program or, if applicable, the Team, the athlete's sport or PA;

Board Approved as at 18 December 2018 9

(v) not commit or have committed any offence under the anti- doping policy of the World Anti-Doping Agency, the PA Tokyo 2020 Paralympic Team or the athlete's sport, as the case may be;3

(vi) comply with the drug testing requirements of PA and the athlete's Sport;

(vii) not have any overdue financial obligations to PA or an NF at the time of nomination or selection;

(viii) not commit or have committed any offence, including intentional misrepresentation, under the IPC Athlete Classification Code, the IPC Code of Ethics, or the international federation classification rules for the athlete’s sport

(ix) to understand and comply with the relevant classification requirements of the IPC under the IPC Athlete Classification Code

(x) comply with the classification requirements of PA and the athlete’s sport including, but not limited, to the provision of adequate diagnostic information and undertaking testing relevant to the athlete’s impairment and consenting to information sharing as it relates to classification between the IF, NF, PA, team officials, classifiers and consultants;

(xi) agree to inform PA and NF of any changes in level of impairment, medical intervention undertaken, or medical history that may impact upon class allocation. Failure to do so may be considered as intentional misrepresentation under the IPC Athlete Classification Code; and

(xii) agree to inform PA and NF of any changes in equipment that may impact upon class allocation.

7.4 Announcement of Selection

PA will publish the names of the selected athletes on the PA website. Athletes must not make any announcement or comment regarding selection without the prior written approval of the PA until such time as the members of the Team are named on the PA website and the athlete has signed the Athlete Team Membership Deed of Agreement. Until such time that the Athlete Team Membership Deed of Agreement is signed, the athlete will be deemed as being provisionally selected.

7.5 Maintenance of Selection Status

An athlete's status as a member of the Team is conditional upon his or her continued compliance with the Athlete Team Membership Deed of Agreement and the requirements set out in these PA General Selection Criteria. An athlete's membership in the Team may be terminated in accordance with the terms of the Athlete Team Membership Deed of Agreement.

3 This paragraph does not apply to any offence in respect of which the athlete has been sanctioned under the anti-doping policy of the World Anti-Doping Agency, PA or the requirements of the athlete's sport, as the case may be, where that sanction has been satisfied in full.

Board Approved as at 18 December 2018 10

7.6 Selection of non-nominated athletes

Notwithstanding anything contained in these PA General Selection Criteria, PA reserves the right in special circumstances (as determined by PA) to select any athlete into the Team, regardless of whether the athlete has been nominated. If a non- nominated athlete is selected into the Team pursuant to this section 7.6, that athlete will be considered to be eligible for selection, notwithstanding anything contained in these PA General Selection Criteria, and subject only to the eligibility requirements specified in the IPC Qualification Guide.

An example of the circumstances where PA may select a non-nominated athlete under this section includes where an NF has not nominated an athlete for an available qualification slot in a sport.

8. General Conditions

8.1 PA Board

(a) All rights of PA in relation to the selection of the Team may be exercised by the PA Board. The PA Board is not bound to follow any procedure, may establish its own procedure and derogate from such procedure, or may choose not to establish any procedure in exercising the selection (including without limitation any deselection) functions designated to it.

(b) To the maximum extent permitted by law, PA, the PA Board and any of their respective officers, members, related bodies corporate, partners, employees or advisers disclaim and exclude all liability for any loss or damage suffered by any person in connection with anything contained in this document, whether arising in contract, tort or equity.

8.2 Modification

These PA General Selection Criteria may be modified by the PA at any time without notice. Modified General Selection Criteria will be published on the PA website at http://www.paralympic.org.au

8.3 Detrimental reliance

No athlete may rely on any acts of, conversations with, inferences made by or any other such dealings with PA (Acts) (including any member of the PA Board, the PA staff, any of PA’s agents or representatives) in relation to that athlete's nomination, selection, non-nomination or non-selection, unless such Acts are official Acts carried out in accordance with these PA General Selection Criteria.

8.4 Disputes

Any controversy, claim or dispute arising out of, in relation to or in connection with a decision to nominate or not to nominate an athlete in accordance with section 6 of this document must be dealt with in accordance with the dispute and/or appeals provisions contained in the applicable Nomination Criteria.

Any controversy, claim or dispute arising out of, in relation to, or in connection with a decision to select, not to select, or deselect an athlete into or from the Team must be dealt with in accordance with the PA Appeals Process, which is hereby incorporated by reference and set out in the Schedule to this document.

8.5 Governing law

These PA General Selection Criteria are governed by and must be construed according to the law applying in New South Wales.

Board Approved as at 18 December 2018 11

8.6 PA Athlete Endorsement, Sponsorship and Fundraising Guidelines

Each athlete acknowledges that they are bound by and will adhere to the PA Athlete Endorsement, Sponsorship and Fundraising Guidelines, as set out in Attachment 1 and as updated from time to time, and will do all that they are able to ensure that any sponsor of theirs also adheres to them.

8.7 Enquiries

Please direct all enquiries to:

General Manager, Games Delivery Paralympics Australia

PO Box 596 Sydney Markets NSW 2129 Australia

P: +61 2 9704 0500 E: [email protected]

Board Approved as at 18 December 2018 12

Attachment 1 - Endorsement, Sponsorship and Fundraising Guidelines

Athletes must keep PA updated with who their sponsors are. Athletes must also notify the PA Commercial Team of any changes should they occur.

PA may ask athletes to participate in marketing and communications activities related to PA and these activities may conflict with personal sponsorship agreements. PA will endeavour to work with athletes to protect personal sponsorship arrangements, but athletes must keep in mind (and avoid the potential for a contractual dispute between the athlete and their sponsor) that the priority for PA is all its athletes, not specific athletes and their sponsors. PA may use an athlete’s name, likeness, image, talents, reputation or the fact of his or her membership to the Long List or the Team for advertising, marketing, public relations and fundraising purposes at any time until 30 days following the Paralympic Games Closing Ceremony (6 October 2020).

Athletes must not use any logo or other intellectual property of PA without PA’s prior consent. If unsure, please contact PA.

Endorsement Contract with Paralympic Sponsors (including TOP Sponsors)

PA allows Paralympic Sponsors (“Sponsors”) to use Paralympic trademarks and/or imagery (“Marks”) including the PA name and logo and references to the Paralympic Games and the Australian Paralympic Team, for promotion and advertising purposes. Those Sponsors must submit proposed advertisements, press releases, website and online content, athlete appearances or other promotions to the PA Commercial team for review and approval prior to release.

Endorsement Contract with Unaffiliated Third Party (Non-Sponsors)

In order to ensure that unaffiliated third parties (those who have no official relationship with PA or the IPC or “Non-Sponsors”) do not create the false impression that they are a Sponsor of the Games and/or the Australian Team, athletes endorsing Non-Sponsors should make certain that advertising, websites, promotions, etc. focus on the athlete and his/her achievements rather than on the Paralympic Games (“Games”). PA will not allow ambush marketing by non- Sponsors under any circumstances.

Non-Sponsors may not use any references or Marks in any commercial context without PA’s permission before, during or after the Games. Non-Sponsors may submit advertisements containing biographical references to athletes as Paralympians to PA for approval. Such ads are more likely to be approved if the Paralympic reference is balanced by non-Paralympic achievements.

Photography or video footage of athletes from a Games or PA related competition with their medals or Australian Paralympic Team apparel may not be used for commercial purposes.

Compliance with Athlete Advertising Blackout Period

No athlete participating in the Games may allow his or her person, name, picture or sports performance to be used for advertising purposes during the blackout period for each Games. The “Blackout Period” generally encompasses the PA Pre-Games Staging Camp, Games period and 2 days following the closing ceremony, but the precise period will be publicised before each Games.

Further, all commercial activity by PA Paralympic Team members not specifically approved by PA for use during the Blackout Period must cease during this period. This applies to congratulatory ads and also to on-going ad campaigns that are not specifically related to the Games. If an athlete has an apparel line or merchandise that bears his/her image or name, he/she must notify PA 90 days prior to competing in a Games or immediately after being named to the Australian Team, whichever is first, so that PA can review the facts and decide whether or not to approve the item to remain in circulation during the Games.

Board Approved as at 18 December 2018 13

Use of Trademarks

PARALYMPIC and PARALYMPIAN are trademarks owned by PA. Athletes may use these terms to describe their aspirations (e.g., “my goal is to compete at the Paralympic Games in Tokyo.”) or accomplishments (“e.g. Paralympic Gold medallist – Wheelchair Rugby.”) but not otherwise. Athletes may not use the PA logo without the express permission of PA.

PA is also the owner of other trademarks and athletes may only use them with permission. Athletes who are in any doubt about whether a trademark belongs to PA should contact PA.

These rules also apply to any words which are deceptively similar to trademarks owned by PA.

Fundraising

The rules in relation to the use of trademarks apply to all forms of fundraising, for instance in fundraising letters, on web sites, or on promotional merchandise (t-shirts, bumper stickers, mugs, key chains, etc.) and in whatever form used (e.g., banner headline, part of a domain name, in large or prominent letters).

Websites

Athlete websites should follow the general rules regarding permissible uses of the trademarks and the restrictions on Non-Sponsors. Athletes must separate the Non-Sponsors from all Paralympic references (including photographs from the Games) on their websites. This can be achieved, for example, by placing the athlete’s personal sponsors (non-Games Sponsors) on the home page whilst keeping all Paralympic references in a separate section/page of the website, with no reference to any commercial entity.

If an athlete seeks donations or other financial support on his/her web site, the fundraising portion of the site should be clearly delineated from PA trademarks and PA imagery, including Games photos. Factual Paralympic references should be made in small type, for example to describe the athlete’s goals or achievements, rather than used in banner headlines. Fan web sites should be informational and not sponsored by third parties. Websites with commercial affiliation must not use Marks without permission from PA.

Paralympic Footage

Neither athletes nor third parties may use footage of PA related competition or Games competition without the express consent of PA. This requirement includes but is not limited to: use of footage on web sites or public exhibition of any kind, whether personally made or acquired by the athlete or acquired from a broadcaster and whether for any personal, commercial or charitable purposes. Please note that the Games broadcaster controls all footage for the Games for a period of time after each of the Games.

Philanthropy

Athletes are encouraged to participate in other philanthropic organisations. Those organisations may use Paralympic biographical references that are specific to the athlete and balanced with other non-Paralympic accomplishments. However such organisations cannot use Paralympic- themed materials, Games footage, medal imagery or photographs of the athlete from the Games in any fundraising efforts, operations or activities. Athletes must disclose to PA in writing any activity or fundraising (this includes any voluntary or paid board or committee representation) for other not-for-profit or charitable organisations.

Athlete Uniform & Apparel

As described in the Athlete Code of Conduct, Australian Paralympic Team athletes must wear the Australian Team apparel issued to them at all official Paralympics Australia functions including but not limited to: the Games, Sponsor Workshops, Medal Ceremonies, Opening/Closing Ceremonies, press conferences arranged by PA and/or hosted by PA, the IPC,

Board Approved as at 18 December 2018 14

Tokyo 2020 and other engagements arranged by PA. At these official functions, Athletes may not wear branded apparel or accessories that are not part of the Australian Paralympic Team apparel issued by PA. In addition, during the Opening/Closing Ceremonies and Medal Ceremonies (except in those instances in which medals are awarded at the venue immediately following the competition and PA has granted a waiver for the athlete to wear his or her competition apparel on the podium), Athletes must wear PA issued apparel for such ceremony in full, including shoes, hats, caps, sunglasses, or other apparel and accessories that are provided and required.

Other Limitations

PA may impose limitations on personal sponsorships from time to time to further the commercial interests of PA, including through broadcast sponsorships. Any such limitations will be publicised as soon as possible.

Board Approved as at 18 December 2018 15

Attachment 2 – Selection Appeals Process for the Tokyo 2020 Australian Paralympic Team

1. Introduction

This Schedule contains the appeals process for athletes who are not selected in the Team.

For the avoidance of doubt, this Schedule only applies to appeals against a Selection Decision, not a nomination decision made by an NF. Appeals against a nomination decision must be made in accordance with the applicable Nomination Appeals Process. Athletes should be aware that there is a very short time limit within which they may appeal a Selection Decision. PA strongly encourages athletes to seek independent legal advice before appealing a Selection Decision.

2. Definitions and Interpretation

2.1 Definitions

In this Schedule:

Business Day means any working day on which banks are generally open for business in New South Wales, excluding a Saturday, Sunday or public holiday.

Court of Arbitration for Sport means the Court of Arbitration for Sport, Château de Béthusy, Avenue de Beaumont 2, CH-1012 Lausanne, Switzerland.

Dispute means any controversy, claim or dispute arising out of, relating to or in connection with a Selection Decision.

Nomination Appeals Process means the process of the relevant NF for the resolution of a Nomination Dispute as specified in each NF’s Nomination Criteria.

Nomination Dispute means a dispute against a decision by an NF in the case of NF managed sports, to nominate an athlete for consideration by PA to be selected into the Team.

PA means Paralympics Australia Limited, ACN 061 547 984.

Procedural Rules means the Procedural Rules of the Court of Arbitration for Sport.

Team means the Tokyo 2020 Australian Paralympic Team.

Selection Decision means a decision by PA to select an athlete (including you) or not to select you as part of the Team. Or to deselect you from the Team.

You means an athlete who has not been selected into the Team.

2.2 Interpretation

In this Schedule:

(a) headings are for convenience only and do not affect interpretation;

and unless the context indicates a contrary intention:

(b) a reference to a document (including this Schedule) is to that document as varied, novated, ratified or replaced from time to time;

Board Approved as at 18 December 2018 16

(c) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;

(d) a reference to an officer of a party includes a reference to a nominee of that officer;

(e) a reference to a party, clause or annexure is a reference to a party, clause or annexure to or of this Schedule, and a reference to this Schedule includes all annexures to it;

(f) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(g) "includes" in any form is not a word of limitation; and

(h) a reference to "$" or "dollar" is to Australian currency.

3. Dispute

3.1 Dispute

(a) Any Dispute, subject to 3.3 of this schedule, will be referred to (in the first instance) an PA Tribunal in accordance with clause 4. The decision of PA Tribunal can be appealed by referring the Dispute to the Court of Arbitration for Sport in accordance with clause 5.

(b) You may not refer a Dispute to a PA Tribunal, or subsequently to the Court of Arbitration for Sport, if the grounds of the Dispute are the same or substantially the same as the grounds of a Nomination Dispute which has already been the subject of a Nomination Appeals Process. A Tribunal established under this Schedule must rule on a plea concerning a breach of the previous sentence as a preliminary question if requested by any party to the proceedings.

3.2 Dispute Notice

(a) If you wish to refer a Selection Decision to an PA Tribunal, you must give written notice to the Chief Executive Officer of PA before 4.00 pm on the second Business Day after the announcement of the Selection Decision (Dispute Notice).

(b) The Dispute Notice must be sent to PA in accordance with clause 6.1 of this schedule. PA will forward a copy of the Dispute Notice to your NF (if your sport is governed by an NF).

(c) Within 2 Business Days of receipt of the Dispute Notice pursuant to this clause 3.2 or within one Business Day of receipt of the Submission provided in accordance with clause 4.2(a), if the Chief Executive Officer of PA considers that another athlete's position in the Team may be adversely affected by a determination of the Dispute, the Chief Executive Officer may notify that other athlete in writing of the Dispute Notice or the Submission (as applicable), attaching a copy of the Dispute Notice and, if available, the Submission. A copy of any such notice will be given to you and your NF at the same time. Upon receipt of a notification of a desire to become a party (received within 2 days) as a result by any such notified athlete, that athlete becomes a party to the tribunal hearing conducted pursuant to this Schedule.

Board Approved as at 18 December 2018 17

3.3 Direct reference to Court of Arbitration for Sport

Within 5 Business Days of receipt of the Dispute Notice pursuant to clause 3.2, the Chief Executive Officer of PA may, in his or her sole discretion, refer the matter directly to the Appeals Arbitration Division of the Court of Arbitration for Sport for determination and the provisions of clause 4 will not apply. The procedure for such an appeal is set out in clause 5.

4. PA Tribunal

4.1 Reference to arbitration

(a) Constitution of the PA Tribunal

(i) The PA Tribunal will be comprised of 3 members who are appointed by PA. PA will designate one of the 3 members to act as Chairperson of that PA Tribunal.

(ii) Within 5 Business Days of receipt of the Dispute Notice, PA will designate the PA Tribunal that will hear the dispute and notify the parties of the identities of the members of the PA Tribunal.

(iii) Should any party to the Dispute challenge the impartiality of any member of the PA Tribunal, the Chairperson, sitting alone, will determine the challenge. If the challenge relates to the impartiality of the Chairperson, the challenge will be determined by an independent legal representative appointed by the CEO of PA.

(iv) In the event that a challenge to a member of the PA Tribunal is successful, or if for any reason a member is unable to perform his or her function, PA will appoint a replacement member or members.

(b) (Language) The language of the arbitration will be English.

(c) (Proceedings of the PA Tribunal) The PA Tribunal will convene a hearing as soon as possible after the time limited for the Reply, provided in 4.2(c). The hearing may occur in such a manner as the Chairperson decides, including by telephone or video conferencing. The Chairperson may make such rules for the procedures to be adopted as he or she sees fit. The PA Tribunal is not bound by the rules of evidence. The Tribunal must observe the principles of procedural fairness.

(d) (Reset times) Where he or she believes that it is best to do so, taking into account all the known circumstances, the Chairperson may alter the timeframes set out in this clause by notifying all parties of the change.

(e) (Stay of court proceedings) Either party may seek a stay of any court proceedings commenced in Australia relating to a matter agreed to be referred to the Appeal Process, pursuant to the International Arbitration Act 1974 (Cth).

4.2 Written submissions

(a) (Submission) Within 5 Business Days of giving the Dispute Notice in accordance with clause 3.2(a), you must submit in writing the grounds upon which you dispute the Selection Decision, including any evidence upon which you wish to rely (Submission) accompanied by a non-refundable

Board Approved as at 18 December 2018 18

deposit of $250 payable to PA. The Chief Executive Officer of PA will forward the Submission to any other athlete as required by this Schedule.

(b) (Response) Within 10 Business Days of receipt of the Submission, the Chief Executive Officer of PA and any other athlete must, if any other athlete wishes to resist the Dispute, communicate to you and the PA Tribunal a written response including any evidence upon which they wish to rely (Response).

(c) (Reply) Within 5 Business Days of receipt of the Response, you may communicate a written reply; including any reply evidence upon which you wish to rely (Reply) to the PA Tribunal, the Chief Executive Officer of PA and any other athlete.

4.3 Joinder

The PA Tribunal has the power, on the application of any party to the arbitration or any other athlete, to allow any other athlete who has agreed to be bound by these PA General Selection Criteria and who the PA Tribunal considers has a sufficient interest in the outcome of the arbitration, to be joined in the arbitration as a party. Every athlete consents to such joinder. In the event of such joinder, the PA Tribunal has the power to make a single final award, or separate awards, in respect of all parties so joined in the arbitration.

4.4 Decision of the PA Tribunal

(a) The PA Tribunal will provide the parties to the arbitration with a copy of its decision in respect of the Dispute as soon as practicable after the hearing and will provide a written statement of the reasons for its decision to the parties.

(b) The decision of the PA Tribunal will be binding on the parties to the arbitration and subject only to any appeal to the Court of Arbitration for Sport (the procedure for such appeal is set out in clause 5). The parties agree that no party affected by the Dispute may institute or maintain proceedings in any court or tribunal other than the Court of Arbitration for Sport.

5. Appeal to Court of Arbitration for Sport

5.1 Appeal

Any appeal from a decision of the PA Tribunal under clause 4.4, or any appeal referred by the Chief Executive Officer of PA in accordance with clause 3.3, will be submitted exclusively to and finally resolved by the Appeals Arbitration Division of the Court of Arbitration for Sport (the Appeal). Neither PA nor any athletes will institute or maintain proceedings in any court or tribunal other than the Court of Arbitration for Sport.

5.2 Notice of Appeal

If PA or an athlete (Appellant) wishes to appeal a decision of the PA Tribunal to the Court of Arbitration for Sport they must give written notice to the other parties to that arbitration (each of whom are referred to as a Respondent) within 2 Business Days of the announcement of the PA Tribunal’s decision against which the appeal is made (Notice of Appeal). If the appeal has been referred under clause 3.3, then the Dispute Notice will constitute the Notice of Appeal.

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5.3 Arbitration

(a) (Procedural Rules) Arbitration pursuant to this clause 5 will be conducted in accordance with the General Provisions and Special Provisions Applicable to the Appeals Arbitration Procedure contained in the Procedural Rules and as otherwise set out in this clause 5. Where there is an inconsistency with the Procedural Rules and this Schedule, the latter will prevail.

(b) (Arbitrators) The number of arbitrators will be 3 (Panel), which arbitrators will be appointed in accordance with the Procedural Rules.

(c) (Seat) Pursuant to Rule 28 of the Procedural Rules, the seat of the arbitration will be Lausanne, Switzerland. Notwithstanding that the seat of arbitration will be Lausanne, the Panel may conduct proceedings in any venue it considers appropriate, having regard to the circumstances of the case. Where reasonably possible the parties will use the services of the Oceania registry of CAS

(d) (Language) The language of the appeal will be English.

5.4 Written submissions

(a) (Statement of Appeal and Appeal Brief) Within 5 Business Days of submitting the Notice of Appeal, the Appellant must file a written statement of appeal with the Court of Arbitration for Sport (Statement of Appeal). At this time the Appellant must also communicate a written brief pursuant to Rule 51 of the Procedural Rules (Appeal Brief). The Court of Arbitration for Sport will communicate the Statement of Appeal and Appeal Brief to the Respondent.

(b) (Answer) Within ten Business Days of receipt of the Appeal Brief, each Respondent must, if it wishes to resist the appeal, communicate a written answer (Answer) to the Panel, the Appellant and the Court of Arbitration for Sport and all other Respondents in accordance with Rule 55 of the Procedural Rules.

(c) (Reply) Within 5 Business Days of receipt of the Answer, the Appellant may communicate a written reply (Reply) to the Panel, the Respondent and the Court of Arbitration for Sport.

5.5 General Principles

(a) (Evidence in writing) All evidence in chief will be in writing, unless otherwise ordered by the Panel.

(b) (Discovery) The Panel may order a party to the Appeal to produce documents in its custody or control.

(c) (Experts) Each party may only rely upon one expert witness in respect of any recognised area of specialisation, unless otherwise ordered by the Panel.

(d) (Oral hearing) After consultation with the parties, the Panel will determine whether to conduct the proceedings on the basis of documents and other material alone or whether an oral hearing will be held. In doing so, the Panel will have particular regard to the parties' request for an expedited procedure and the rules of natural justice. If an oral hearing is held, the Panel will conduct the hearing and ensure that the statements made are limited to the content of the written submissions. Witnesses and experts specified in the parties' written submissions may be heard at the hearing.

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(e) (Expedited proceedings) The parties agree that the Panel will conduct the arbitration as expeditiously as possible and no party will unnecessarily delay the arbitration proceedings.

5.6 Award final and binding

(a) Any award made by the Panel will be final and binding upon the parties.

(b) The award will be communicated to the parties as soon as reasonably possible and in any event within 2 months after filing the Statement of Appeal, unless such time limit is extended pursuant to Rule 59 of the Procedural Rules.

6. General

6.1 Notices

Each communication (including a Dispute Notice) under or in connection with this Schedule:

(a) must be in writing;

(b) must be addressed, where applicable, as follows (or as otherwise notified from time to time):

Name: Paralympics Australia Address: Building A, 1 Herb Elliot Ave Sydney Olympic Park NSW 2127 Email: [email protected] For the attention of: Chief Executive Officer and a copy to the General Manager, Games Delivery

Court of Arbitration for Sport

Name: Court of Arbitration for Sport Address: Oceania Decentralised Office Level 28, Deutsche Bank Place Corner Hunter & Phillip Streets Sydney NSW 2000 Fax: +61 2 9230 5333 For the attention of: Ms Miriam Stiel, Permanent Secretary

Athlete

As specified by the athlete in the Dispute Notice or as otherwise notified from time to time.

(c) must be signed by the party making it or (on that party's behalf) by the solicitor for, or any attorney, director, secretary or authorised agent of, that party;

(d) must be delivered by hand or courier to the address, or sent by email to the number, of the addressee, in accordance with clause 6.1(b); and

(e) is taken to be received by the addressee:

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(i) (in the case of delivery by hand or courier) on delivery; and

(ii) (in the case of email or fax) at the time in the place to which it is sent equivalent to the time shown in the sent information of the sender of the email or fax, unless the sender receives information which demonstrates (when viewed reasonably) that the sender did not receive the email or fax,

but if the communication is taken to be received on a day that is not a Business Day or after 5.00 pm, it is taken to be received at 9.00 am on the next Business Day.

6.2 Confidentiality

(a) (General) The outcome of the proceeding will remain confidential, unless the parties agree otherwise. If the parties do agree to publicise the results of the proceeding, the award, a summary and/or press release outlining the results of the proceeding will be made public by the Court of Arbitration for Sport.

(b) (NF exception) PA may disclose and discuss with an NF of any party to these proceedings any information (including submissions, rulings, awards and decisions) related to or arising out of arbitration conducted under this Schedule. This action will not amount to a breach of any confidentiality obligations. The NF must keep this information confidential.

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Annexure D

ROWING AUSTRALIA

NATIONAL APPEALS POLICY

PART 1 RA Appeals Tribunal

1.1 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;

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

RA National Appeals Policy (Approved 11November 2019)

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;

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 2020 Paralympic Selection Policy Handbook, 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 2020 Paralympic Selection Policy Handbook by or on behalf of the Selectors that a reasonable person could reasonably conclude that it is unlikely that the Selection Criteria or 2020 Paralympic Selection Policy Handbook 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 2020 Paralympic Selection Policy Handbook, the Selectors must also RA National Appeals Policy (Approved 11November 2019)

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.

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 2020 Paralympic Selection Policy Handbook, 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 2020 Paralympic Selection Policy Handbook);

2.1.2 removal of Athletes from a National Team (pursuant to paragraphs 2.6.1 and 2.9 of the 2020 Paralympic Selection Policy Handbook);

2.1.3 progression through the Event Requirements (pursuant to paragraph 2.7.5 of the 2020 Paralympic Selection Policy Handbook).

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 2020 Paralympic Selection Policy Handbook 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 2020 Paralympic Selection Policy Handbook (minimum performance standards and/or benchmarks);

(e) any determination of an Athlete’s satisfaction of the Mandatory Requirements specified in paragraph 2.1 of the 2020 Paralympic Selection Policy Handbook;

(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. RA National Appeals Policy (Approved 11November 2019)

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 2020 Paralympic Selection Policy Handbook 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;

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.

RA National Appeals Policy (Approved 11November 2019)

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

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 2020 Paralympic Selection Policy Handbook.

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.

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.

RA National Appeals Policy (Approved 11November 2019)

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 2020 Paralympic Selection Policy Handbook.

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 2020 Paralympic Selection Policy Handbook, 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.

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 2020 Paralympic Selection Policy Handbook.

Selection Ombudsman means a person or persons appointed by the HPC under the 2020 Paralympic Selection Policy Handbook.

2020 Paralympic Selection Policy Handbook means the RA 2020 Paralympic Selection Policy Handbook 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 2020 Paralympic Selection Policy Handbook. 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.

RA National Appeals Policy (Approved 11November 2019)

Annexure E

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 [RA to complete] BSB [RA to complete] Account Number [RA to complete] Payment description [RA to complete]

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

Date ………………………………….