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 Charging Process

5.1 Submitting a Notice of Incident

  • Lodged by umpire, club official, or NT Cricket within 48 hours.

  • Submitted via online form or email.

5.2 Review by NT Cricket

  • NT Cricket reviews evidence and determines if a charge is warranted.

  • Considers available evidence, context, and prior history (if relevant).

5.3 Notification of Charge

  • Sent by NT Cricket on the next business day after review.

  • Includes:

    • Charge details and level

    • Fixed Penalty (if applicable)

    • Options: Accept the charge or contest (tribunal)

    • Deadline for response (typically 24 hours)

5.4 Response and Determination of Hearing Pathway

  • If Accepted: Penalty is applied and matter closed.

  • If Contested: Tribunal process is initiated.

6. Tribunal Hearing Procedure

6.1 Notice of Hearing Issued

  • If contested, NT Cricket issues hearing notice with date, time, panel members, and process overview.

6.2 Pre-Hearing Submissions (New placement)

  • Step A – Statement of Alleged Facts and Evidence
    NT Cricket provides to both parties:

    • A detailed summary of the incident

    • Charges

    • Relevant clauses

    • Video or documentary evidence

  • Step B – Respondent Position Statement
    The respondent may provide a written response including:

    • Acceptance or denial of the charge

    • Context or mitigation

    • Dispute of the proposed level or sanction

    • Witness list (if applicable)

 

6.3 Hearing Steps (Stage 1 and 2)

Step Action Description
1 Opening Tribunal Chair opens hearing, outlines process
2 Reading of Charge and Plea Chair reads the formal charge. The participant enters a plea of guilty or not guilty. If guilty, proceed to Stage 2, Step 10. 
3 Reporting Party Evidence Reporting Party presents the incident and any evidence (verbal or written).
4 Cross-Examination of Reporting Party Charged Participant (or Advocate) may ask questions of the Reporting Party.
5 Respondent’s Statement Charged Participant presents defence or explanation.
6 Witness Evidence (if applicable) Witnesses are heard and may be questioned by both parties and the Tribunal.
7 Closing Submissions Brief summary statements by both parties.
8 Tribunal Deliberation (Stage 1)

Tribunal retires to determine whether a breach occurred.

Level Determination:
If a breach is found, the Tribunal must determine the appropriate level of the offence (Level 1, 2, or 3).
This decision should consider: The degree of intent (deliberate, reckless, negligent, avoidable)
The impact on the match or individuals involved.
The nature of the conduct
Any contextual aggravating or mitigating features

Tribunal members to refer to the Code of Conduct definitions and example behaviours to align the conduct with the most appropriate level.
9 Decision on Charge Chair delivers finding on whether the charge is upheld or dismissed.

Stage 2 – Sanction Determination

(only guilty plea or if charge is upheld)

Step Action Details
10 Prior Record and Submissions on Sanction NT Cricket provides details of any prior history. Parties may make submissions on sanctions.
11 Consideration of Mitigating or Aggravating Factors Tribunal considers factors such as remorse, prior conduct, provocation, leadership role, impact on the game, and level of intent.
12 Tribunal Deliberation (Stage 2) Tribunal determines the appropriate sanction.
Upcoming fixtures and the impact across multiple formats may also be taken into account when determining the sanction.
13 Sanction Communicated Chair delivers sanction and brief reasoning.
14 Right of Appeal Chair outlines appeal options available to the charged participant.

6.4 Tribunal Decision-Making Principles

  • Level 1-2: Decisions based on the balance of probabilities.
  • Level 3: Serious misconduct requires comfortable satisfaction.
  • Burden of proof rests on the Reporting Party.

6.4.1 Deliberation Process

  • Review charges.
  • Review key evidence from both parties.
  • Apply appropriate standard of proof.
  • Make finding for each charge.
  • Consider aggravating or mitigating factors.
  • 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.