1. Welcome to the Basketball Victoria Tribunal Conference 2016

2. Changes to Tribunal By-laws 1 April 2016 Tidying up Clarification New Provisions

3. 9.3 9.3A person who or organising body which makes a report under By-laws 7.1 or 8.1 shall lodge a report form with the person nominated by the organising body to take charge of reports, or if that is not possible, to leave the report at the stadium or office of the organising body, marked to the attention of that person, as soon as possible after the activity. It is expected that in normal circumstances this would be no later than 48 hours after the incident leading to the report but the failure to lodge the report within 48 hours does not in any way affect the validity of the report..

4. 10.4(i) If a report is given or sent to the team secretary or manager for notification to the reported person, team or club, it shall be deemed to have been provided to the charged person, team or club.

5. 11.1 11.1A charged person, team or club shall be entitled to participate in basketball activities until such time as the Tribunal has heard and determined the report unless a Tribunal chair believes the report is of a very serious nature and to allow participation may constitute a danger to other participants. This has been inserted to allow for an immediate ban in the most serious of cases

6. 12.3 12.3If the reported person accepts the penalty offered under 12.2 within 24 hours of the offer being conveyed to them, the penalty will be imposed and becomes an order of the Tribunal as if the person has been found guilty at a hearing of the Tribunal and is not subject to appeal under these By-laws.

7. 12.4 12.4If the reported person rejects the offer under 12.2 or fails to respond to it within 24 hours of the offer being conveyed to them or such other time as the Hearing Officer allows,, the report will be referred to a hearing of the Tribunal

8. 13.4, 13.5 13.4The Tribunal may order that any person, including the reported person or a member of a reported team or club, leave the hearing if it is of the opinion that the person is disrupting the hearing. 13.5If the reported person or a member of a reported team or club is excluded from the hearing in accordance with By-law 13.4 the Tribunal shall continue to hear and determine the matter in his or her absence. Occasionally a person becomes disruptive in a hearing. This empowers the Tribunal to evict them

9. 15.5 15.5Any person who records a hearing or an investigation in breach of this By-law or of any conditions placed by the Tribunal shall be guilty of contempt and may be dealt with by the Tribunal accordingly. There have been several instances over the years of people secretly recording hearings

10. 16.1 16.1A charged person, team or club or witness may apply to the Tribunal chairperson to have a Tribunal hearing conducted in whole or in part by telephone or video conference call or by other electronic means if there are compelling circumstances which warrant such steps being taken to avoid costs, hardship or significant inconvenience to the charged person, team or club or witness. A Tribunal may otherwise direct a hearing by telephone or video conference or by other electronic means. Unless there are technical difficulties or other problems preventing it, all persons involved in the hearing should be able to hear and/or see all the persons involved.

11. 17.12 The reporting person shall proceed to give evidence and the witnesses of the reporting person(s) shall be called upon to give his/her evidence in turn, subject to the approval of the number of witnesses to be called by the Tribunal in its discretion. Normally there would be only one witness allowed in addition to any other game official.

12. 17.21 17.20Where it appears to the Tribunal that the reporting official has made an error in laying the wrong charge or omitted charges that should have been laid, the Tribunal may amend the charges and proceed to make a finding. 17.21Where charges have been amended under By-law 17.20 and if the Tribunal considers that the reported person team or club may suffer significant prejudice as a result of the amendment, the Tribunal shall adjourn the hearing unless the charged person consents to it proceeding at that time. This allows a Tribunal to hear amended charges unless there is a significant detriment to the reported persons in doing so.

13. 17.28 17.28 A charged person who has been convicted of an offence and suspended under this By-law shall not play, coach (including being involved in any way in training), referee or otherwise take part in any basketball activities

14. 18.2(y) (y)Contempt of Tribunal 20 weeks Contempt may be found against any person connected with a hearing and may be decided on by the Tribunal at that hearing without further notice or at a subsequent hearing at the discretion of the Tribunal. Any penalty imposed is in addition to any other penalty imposed on that person.

15. 18.2(z) (z)Negligent or reckless or unnecessary physical contact with an official not amounting to striking or assault. Maximum penalty: 52 weeks suspension

16. 18.2(za) (za)Cheating, tanking, bribery or tampering with intent for any reason including to alter the result of a game. Maximum penalty: life-time suspension

17. 18.4 18.4 …………………………………………… Penalties are expressed to be in calendar weeks as opposed to number of matches unless the person is a registered player with the top levels of Big V (Championship only) or SEABL, in which case they shall be expressed in matches during the Big V or SEABL seasons. This limits the Big V and SEABL penalty discounts to the top levels of those leagues. The discount is given to those leagues because some players are professional or semi-professional and suffer a double penalty from a suspension.

18. 18.8 18.8 An additional penalty of up to fifty-two (52 ) weeks may be imposed by a Tribunal if injury to a person or damage to stadium property has been caused in the course of the matter before the Tribunal or for other special reasons decided by the Tribunal and notified when the decision is announced. More severe penalties may be imposed when a team or group is involved in a brawl and refusing of future admission of such teams to competition may be recommended to the organising body and the Tribunal may order the forfeit of points already earned in that season or that the team not be granted any points for part or all of the rest of the season or the next season.

19. 18.11 18.11A fine of up to $500 may be imposed on any non-player or team and a bond of up to $500 may be imposed on any person or team before the Tribunal. A bond shall be forfeited if the person or the team or any member of it is found guilty of any offence committed during the term of the bond. Otherwise it is to be returned.

20. 19.1 (a)that significant new or additional evidence has become available that would have caused the Tribunal to come to a different decision had it been available; (b)that the penalty imposed by the Tribunal exceeds those allowed to be imposed under these By-laws; or

21. 19.2 19.2The Appeals Officer shall make a determination under By-law 19.1 only after consultation with the original Tribunal Chair, the relevant Hearings Officer or such other person who can assist in judging the merits of the appeal.

22. Integrity By-laws

23. Purpose? Safeguard against illegal or fraudulent betting Address the threat of match-fixing and the corruption that flows from it

24. Integrity By-laws Why? Protect and maintain the integrity of BV Protect against any efforts to impact improperly the result of any match or event Establish a uniform rule and consistent scheme of enforcement and penalties, and Adhere to this By-law on Match-Fixing in Sport as agreed by Australian Governments on 10 June 2011.

25. Integrity By-laws Who do they apply to? Agents Athletes Coaches Officials BV, Leagues, Commissions and Affiliated Associations staff and volunteers persons who hold governance positions with BV or its Leagues, Commissions and Affiliated Associations Administrators Selectors, and Squad Support Staff, including but not limited to, doctors, physio-therapists, team managers.

26. Integrity By-laws Prohibited Conduct  Betting, gambling or entering into any other form of financial speculation on any Competition or on any Event, or on any incident or occurrence in a Competition or Event, where the relevant person is involved in or has any relevant knowledge of the activity;  Communicating in any way, including by using a mobile phone, computer or other device, information that might give another person an unfair advantage if they were to engage in gambling related to that information, other than as required as part of acquitting official duties; or

27. Integrity By-laws Participating (whether by act or omission) in match- fixing or attempted match-fixing Enter into any form of commercial agreement with a Betting Operator, or Promote a Betting Operator, or Have any form of commercial relationship with a Betting Operator; without the written consent of BV, which consent will not unreasonably be withheld taking into account all of the circumstances of the Relevant Person and the arrangement.

28. Integrity By-laws Consequences  Possible criminal charges  Tribunal established specifically to deal with breaches  Possible breach of Tribunal By-laws