Disciplinary Tribunal
The Townsville Touch Football (TTF) Disciplinary Tribunal is responsible for hearing and determining disciplinary matters arising from TTF competitions, events and activities where a matter is referred to a Hearing under the Touch Football Australia (TFA) Disciplinary Regulations.
The disciplinary process provides a fair and consistent framework for addressing unacceptable conduct and maintaining appropriate standards of behaviour within Touch Football.
Matters may be resolved through the Early Guilty Plea process or, where required, referred to a formal Hearing before a Disciplinary Tribunal Panel.
Governing Framework
Townsville Touch Football's disciplinary processes operate in accordance with the Touch Football Australia (TFA) Disciplinary Regulations for Touch Football, which establish the jurisdiction, procedures, powers and responsibilities applying to disciplinary matters within the sport.
The current Disciplinary Regulations for Touch Football can be accessed via the TFA website.
Disciplinary matters are determined in accordance with the applicable Regulations and the principles of procedural fairness, including providing a person with an opportunity to know and respond to the case against them, ensuring decisions are made impartially, and considering the relevant available evidence.
Where a matter is determined at a Hearing, the Tribunal must be satisfied that a charge has been established on the balance of probabilities.
Certain conduct may instead fall within TFA's National Integrity Framework (NIF) and Complaints, Disputes & Discipline Policy (CDDP). Where the NIF applies, the matter will ordinarily be dealt with under that framework rather than the TFA Disciplinary Regulations, unless an applicable exception allows the matter to be dealt with under the Disciplinary Regulations.
Understanding the Terminology
The disciplinary process uses a number of terms throughout the TFA Disciplinary Regulations and Tribunal proceedings. Some common terms are:
- Charged Person – The person against whom a disciplinary charge has been brought.
- Reporting Official – An authorised official, such as a referee or association official, who has submitted a report alleging that an offence has occurred.
- Early Guilty Plea (EGP) – A process through which the Charged Person may accept an alleged breach and the reduced penalty offered by the Tribunal Chairperson without proceeding to a Hearing.
- Accept the Charge – The Charged Person does not contest that the alleged breach occurred.
- Contest the Charge – The Charged Person disputes the charge and asks for the matter to be determined at a Hearing.
- Proven – The Tribunal is satisfied on the balance of probabilities that the charge has been established.
- Dismissed – The Tribunal is not satisfied on the balance of probabilities that the charge has been established.
- Hearing – A disciplinary hearing conducted before a three-person Tribunal Panel in accordance with the TFA Disciplinary Regulations.
- Tribunal Panel – The three-person Panel appointed to hear and determine a disciplinary matter, comprising a Chairperson and two other Panel members.
- Witness – A person called to provide evidence relevant to the matter.
- Penalty or Sanction – A consequence imposed following acceptance or proof of a disciplinary offence, which may include a suspension or another penalty available under the Regulations.
- Appeal – The formal process available in limited circumstances to challenge a decision made at a Hearing.
When Matters Are Referred
An alleged disciplinary offence may come to the attention of Townsville Touch Football through a report from an authorised official, an incident report, a complaint, or information identified through an investigation.
Referees, competition officials and other authorised TTF officials may report conduct which they believe constitutes an offence under the TFA Disciplinary Regulations. Where a report or complaint is received from another person, TTF may also investigate the alleged conduct and determine whether a disciplinary report should be made.
Once a disciplinary report has been received, it is referred to the Tribunal Chairperson for an initial assessment.
The Tribunal Chairperson may:
- determine that an Early Guilty Plea should be offered;
- upgrade or downgrade the charge or its categorisation where appropriate; or
- refer the Charged Person directly to a Hearing.
A matter may be referred directly to a Hearing where the Chairperson considers this appropriate having regard to the nature or seriousness of the alleged conduct, the information available, or the Charged Person's disciplinary history.
Where an Early Guilty Plea is offered and the Charged Person disputes the alleged breach or proposed penalty, the matter will also proceed to a Hearing.
Tribunal Composition
Each Disciplinary Tribunal Hearing is conducted by a three-person Panel comprising a Tribunal Chairperson and two additional Panel members.
TTF maintains a pool of suitable persons who may be appointed to Tribunal Panels. Panel members may include referees, coaches, players, administrators or other persons with relevant knowledge, skills or experience.
When appointing a Panel for a particular Hearing, consideration is given to:
- Impartiality – Panel members must be able to consider the matter independently and without actual or perceived conflicts of interest;
- Suitability – Members should have appropriate experience, judgement and perspective for the matter to be heard; and
- Availability – Members must be available to attend and properly participate in the Hearing.
The Hearings Officer responsible for administering a disciplinary matter cannot be appointed as a member of the Tribunal Panel hearing that matter.
How Hearings Work
Disciplinary Tribunal Hearings are generally conducted at Queens Park, although a Hearing may also be conducted by video conference, teleconference or other appropriate technology.
The Hearing is conducted by the Tribunal Chairperson in accordance with the TFA Disciplinary Regulations and is intended to provide each party with a fair opportunity to present relevant evidence and respond to the matters raised.
At the commencement of the Hearing, the Tribunal Panel is introduced, the charge is read, and the Charged Person is asked whether they understand and contest the charge.
Where the charge is not contested, the Tribunal may receive a summary of the matter and the available evidence without requiring every witness to give evidence, unless the Panel considers this necessary.
Where the charge is contested, the Reporting Official and relevant witnesses generally present their evidence first. The Charged Person is then given the opportunity to present their response and call approved witnesses. The Charged Person, Reporting Official and Tribunal Panel may ask appropriate questions of persons giving evidence.
Once all evidence and submissions have been heard, the Tribunal considers the matter in private.
The Tribunal must determine whether the charge has been established on the balance of probabilities. If it has not been established, the charge is dismissed.
If the charge is admitted or found proven, the Charged Person is informed of the finding and given an opportunity to address any relevant previous disciplinary history or mitigating circumstances before the Tribunal determines the appropriate penalty.
The Tribunal may impose any penalty available under the TFA Disciplinary Regulations, subject to any applicable minimum penalty.
Non-Attendance
If a Charged Person fails to attend without reasonable cause, the Hearing may proceed and a determination may be made in their absence, provided the Tribunal is satisfied that the required notification procedures have been followed.
A witness or Reporting Official who fails to attend does not necessarily prevent the Hearing from proceeding.
Who Can Attend a Hearing?
A Disciplinary Tribunal Hearing is not open to the public. Attendance is limited to persons who are required or permitted to attend under the TFA Disciplinary Regulations, together with any other person permitted or invited by the Tribunal Chairperson.
Persons required to attend
The following persons may be required to attend:
- the Charged Person, or an appropriate representative where a Team or Club has been charged;
- the Reporting Official(s);
- any other person involved in the report;
- witnesses identified by the Reporting Official or Charged Person and notified by the Hearings Officer; and
- any other witness required by the Tribunal Panel.
Persons entitled to attend
Depending on the circumstances, the Regulations also provide for attendance by:
- witnesses called by the Charged Person, Team or Club;
- witnesses called by the Reporting Official;
- where the Charged Person or Reporting Official is under 18 years of age, an adult adviser; and
- an appropriate support person where the matter is of an LGBTQIA+ or multicultural nature.
Where a Charged Person or Reporting Official is under 18, their adult adviser may assist them during the Hearing and is permitted to ask questions.
Attendance with permission
Representatives of TTF and other persons may attend with the permission of the Tribunal Chairperson. The Chairperson may also invite another person to attend where they believe that person will assist the Tribunal.
Legal Representation
Legal representatives and legal advocates are not permitted to appear before or attend a Disciplinary Tribunal Hearing.
Representation where a Charged Person cannot attend
A Charged Person who cannot attend may appoint a non-legal representative to appear in their place where the Charged Person does not intend to contest the charge.
This requires the Tribunal to receive written consent from the Charged Person confirming that they do not intend to contest the charge, together with any statement they would otherwise have provided to the Tribunal.
My Right to an Appeal
A decision made by a Disciplinary Tribunal Panel may be appealed only in the circumstances permitted by the TFA Disciplinary Regulations.
A right of appeal may be available to:
- a person who was subject to disciplinary proceedings where a charge was proven or admitted;
- a complainant whose complaint resulted in the Hearing; or
- an involved TFA Authority.
An appeal is not an automatic rehearing of a disciplinary matter.
Grounds of Appeal
An appeal will only proceed where the Appellant satisfies the Appeal Chair that:
- significant new or additional evidence has become available; or
- the Appellant is challenging the severity of the sanction imposed.
Lodging an Appeal
A Notice of Appeal must be lodged with Touch Football Australia within five (5) business days of receiving the Notification of Findings following the Hearing.
The Notice of Appeal must set out the relevant charges, outcome and grounds of appeal and must be submitted using the prescribed TFA Notice of Appeal form.
Appeals are lodged with TFA at:
tfaappealsofficer@touchfootball.com.au
A $400 appeal fee is payable to TFA when the appeal is lodged.
The appeal fee does not apply to an appeal lodged by a minor and may otherwise be waived at the sole discretion of TFA.
How an Appeal is Determined
TFA manages the appeal process in accordance with the TFA Disciplinary Regulations.
Depending on the circumstances, an appeal may be heard and determined by TFA, NSW Touch Football, Queensland Touch Football or, where permitted and referred by TFA, the National Sports Tribunal.
The determination made by the relevant Appeal Panel, or the National Sports Tribunal appeals division where applicable, is final and is not subject to any further appeal under the TFA Disciplinary Regulations.
Penalties While an Appeal is Pending
Lodging an appeal does not ordinarily suspend a penalty.
An Appellant must continue to serve any applicable penalty unless a stay is granted in accordance with the Regulations or the appeal is not heard within the prescribed timeframe through no fault of the Appellant.
Possible Appeal Outcomes
An Appeal Panel may:
- dismiss the appeal;
- uphold the appeal;
- impose a penalty available under the TFA Disciplinary Regulations; or
- reduce, increase or otherwise vary the penalty originally imposed.
An appeal therefore carries the possibility that the original penalty may be increased.
The appeal fee is refundable where the appeal results in the charge being dismissed or reduced.
Joining the Tribunal Panel
TTF is always looking for fair-minded individuals to join its pool of eligible Tribunal Panel members. No legal or disciplinary experience is required — only a willingness to listen objectively, respect the process, and act with integrity.