Darwin & Districts CC - Resources

NT Cricket Disciplinary Process

 

NT Cricket Disciplinary Process

1. Introduction

This document outlines the Disciplinary Procedures for NT Cricket competitions, covering reporting, hearings, appeals, and penalties. It is designed to provide a transparent, fair, and efficient system that upholds the spirit of cricket while embedding the principles of natural justice and procedural fairness.

Tribunal and Appeals outcomes will be published via the NT Cricket Conducts Register.

2. Disciplinary Principles

2.1 Natural Justice and Procedural Fairness

  • Be informed of the charge and the evidence relied upon.
  • Be heard and present a response.
  • Have the matter determined by an independent and unbiased panel.
  • Be represented by an advocate if they choose.
  • Appeal a decision in accordance with these procedures.

2.2 Scope

Applies to all participants in NT Cricket competitions and programs, including:

  • Players, coaches, team leaders, officials, volunteers, parents, spectators, and registered persons.

3. Disciplinary Framework Summary

  1. Incident Occurs
  2. Notice of Incident Submitted
  3. Disciplinary Panel Review
  4. Charge Laid and Notification
  5. Option to Accept (Fixed Penalty) or Contest
  6. Contested charges proceed to a Tribunal Hearing
  7. Tribunal Hearing held
  8. Tribunal Decision issued
  9. Right to Appeal exercised (if applicable)
  10. Appeals Panel determines final outcome
  11. Outcome communicated and recorded

4. NT Cricket Disciplinary Panel

4.1 Appointment

A formal pool of 5–7 Disciplinary Panel members will be appointed annually by NT Cricket.

4.2 Panel Composition

  • Tribunal Panel: Tribunal Chair and 2 panel members.
  • Appeals Panel: 3 members, separate from the original hearing.

5. Reporting and Notice of Incident

5.1 Submitting a Notice

  • Submitted by umpires, club officials, or NT Cricket representatives within 24 hours of the incident.
  • Lodged via the official online portal or email.

5.2 Review

The NT Cricket Disciplinary Panel will review and determine if a formal charge is warranted.

5.3 Notification of Charge

NT Cricket will notify the player and club by 12:00 pm on the next business day detailing:

  • The charge, applicable fixed penalty (if any), and available options.

5.4 Resolution Options

  • Accept the charge → Fixed Penalty applied.
  • Contest the charge → Matter proceeds to a Tribunal Hearing.

6.1 Hearing Procedure

  • Notice of Hearing and procedures will be provided to all participants in advance.
  • Hearings may be recorded with prior notice.
  • Participants must engage respectfully and efficiently.

6.2 Attendance

The following may attend a Tribunal Hearing:

  • Tribunal Chair and Panel Members
  • NT Cricket Staff
  • Reporting Umpire(s) and Advocate
  • Charged Participant and Advocate
  • Witnesses (if required)

6.3 Tribunal Procedure Steps

Step Action Details Standard Time Allocation
1 Opening of Tribunal Chair opens hearing, outlines expectations and confirms recording (if any). 5 minutes
2 Reading of Charge and Plea Formal reading of charge and entry of plea (guilty or not guilty). 5 minutes
3 Evidence Presentation Reporting Party presents evidence. 10 minutes
4 Cross-Examination Charged Participant (or Advocate) may cross-examine Reporting Party. 5 minutes
5 Respondent’s Statement Defence or explanation presented. 10 minutes
6 Witness Evidence (if applicable) Witnesses provide evidence and are questioned. 10 minutes
7 Closing Submissions Brief summaries by both parties. 5 minutes
8 Tribunal Deliberation Private decision-making process. 5–10 minutes
9 Decision Communicated Chair delivers the decision and reasons. 5 minutes
10 Right of Appeal Explained Appeal options outlined. 2 minutes

6.4 Tribunal Decision-Making Principles

  • Decisions based on the balance of probabilities.
  • Serious misconduct requires comfortable satisfaction.
  • Burden of proof rests on the Reporting Party.

6.4.1 Deliberation Process

  1. Review charges.
  2. Review key evidence from both parties.
  3. Apply appropriate standard of proof.
  4. Make finding for each charge.
  5. Consider aggravating or mitigating factors.
  6. Draft concise reasons for decision.

6.4.2 Sanctioning Considerations

  • Nature and seriousness of breach.
  • Impact on participants and NT Cricket.
  • Prior disciplinary record.
  • Remorse, provocation, mitigating or aggravating factors.

6.4.3 Impact of Defence Conduct on Sanctioning

  • Good faith defences are not penalised.
  • Frivolous or misleading defences may aggravate penalty.

6.4.4 Consensus and Voting

  • Decisions should be unanimous where possible.
  • Simple majority accepted if unanimity is not reached.

6.4.5 Confidentiality

All Tribunal deliberations are confidential and must not be disclosed outside official processes.

6.4.6 Decision Finalisation

  • Verbal decision issued at hearing conclusion.
  • Full written reasons submitted within 24 hours.
  • Published via NT Cricket Conducts Register.

7. Appeals Process

7.1 Lodging an Appeal

  • Must be lodged within 2 business days.
  • Must state grounds: procedural error, severity of penalty, or new evidence.
  • $200 fee applies (refundable if appeal succeeds).

7.2 Appeals Panel

Comprised of members who did not sit on the original Tribunal Panel.

7.3 Appeal Procedure

  • Reviews written records, submissions, and evidence.
  • Can confirm, vary, or overturn the Tribunal’s decision.

7.4 Standard of Review

  • Ensures procedural fairness was provided.
  • Checks decision was reasonably open on evidence.
  • Assesses whether the sanction was proportionate.
  • Reviews any new evidence materially affecting the outcome.

8. Sanctions and Suspensions

8.1 Fixed Penalties

Applied in accordance with the NT Cricket Fixed Penalties Policy. Discounts may apply for early guilty pleas or good behaviour histories.

8.2 Suspended Sentences

If a participant breaches again within 12 months, suspended penalties are activated.

8.3 Serving Suspensions

  • Suspended players are ineligible until the suspension is served in full.
  • Suspensions must be served in the highest grade where the participant has recently played.
  • Cannot serve suspensions in byes, forfeits, or abandoned matches.

9. Administration and Documentation

  • NT Cricket manages all case records and correspondence.
  • Secure electronic storage maintained.
  • Templates used for consistency.
  • Decisions published transparently via the Conducts Register.

10. Policy Review

  • NT Cricket will review this policy annually.
  • Changes require approval by the NT Cricket Competitions Committee.

In keeping with our commitment to reconciliation, Northern Territory Cricket acknowledges the Traditional Owners and Custodians of the lands on which we are privileged to play and administer the great game of cricket.

Our Head Office is located on the land of the Larrakia People (Darwin), while our Central Australian Office is located on the land of the Arrernte People (Alice Springs). We pay our respects to Elders past and present.

Walkabout Wickets by Kirrae Whurrong artist Fiona Clarke (b.1963), represents cricket stars past, present and future, and the meeting places where they play.

Aunty Fiona is is a descendant of James 'Mosquito' Couzens and his brother Jonny Couzens, members of the first Australian cricket team who toured England in 1868.