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Published byOswald Carpenter Modified over 6 years ago
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Let’s try to make the Judiciary Redundant !!!
DO YOU REALLY THINK YOUR PLAYERS WANT TO APPEAR BEFORE A JUDICIARY TO BE A TARGET FOR SANCTIONS ?? DOES YOUR CLUB WANT TO LOSE THE SERVICES OF PLAYERS THROUGH SANCTIONS ? Let’s try to make the Judiciary Redundant !!!
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THESE ARE NOT HEADLINES THE CODE DESERVES NOR DO RUGBY LEAGUE CLUBS NEED OR WANT THEM !!!
THEIR EXISTENCE PUTS THE GAME OUT OF FAVOUR WITH PARENTS AND MAY LEAD TO OUR DEMISE !!!
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Why do people play Sport ?
MOST, play either : for FUN and ENJOYMENT OR to improve their skills or performance levels to merely participate with friends MOST play for FUN and ENJOYMENT 2. to improve their SKILL level 3. to PARTICIPATE – with friends, and to show their skills MOST play for FUN and ENJOYMENT 2. to improve their SKILL level 3. to PARTICIPATE – with friends, and to show their skills FEW – IF ANY, PARTICIPATE RECKLESSLY KNOWING THAT TO BREAK THE LAWS OF THE SPORT MAY INCUR “BEING HAULED” BEFORE A JUDICIARY .
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ROLES The Role of ANY official – be they League or club administrator, coach, referee, sports trainer or ground manager, is to : PROMOTE the game and ENCOURAGE people to play; assist, in whatever capacity they can, to help participants to ENJOY their sport; ensure – even insist, that the game environment is SAFE for play. IS THERE ANYTHING IN THOSE POINTS THAT SUGGEST OFFICIALS MAY THINK THAT ANYONE MIGHT SANCTION ILLEGAL OR FOUL PLAY THAT WOULD LIMIT ENJOYMENT, OR LEARNING ,TO PLACE AN EMPHASIS ON WINNING ???
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DUTY OF CARE (DOC) Most people associate DOC with just injuries. It extends, however, much further than this in order to make the sporting environment SAFE --- and SAFE is the underpinning determinant of DOC.
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Safe as possible means that efforts are made by all officials to:
make checks prior to the sport activity to identify and remove hazards from the environment in which the activity takes place [ground managers]; educate participants to undertake the activity safely as possible (this includes ensuring that participants know and understand the rules / laws of the game and are wearing protective clothing/equipment, if required) [club / coaches]; supervise participants as they undertake sporting activities, particularly if they are children or have an infirmity [referees]; ensure that there are persons on hand who can respond appropriately to emergencies. This usually involves training and the development of procedure [club officials; ground personnel; referees; sport trainers].
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The following actions are typical of what needs to be undertaken by sports personnel to fulfil the Duty of Care requirement. Sport officials and coaches must be properly accredited. Sport facilities / venues must be checked for safety and hazards removed prior to sport activity. Children and/or other vulnerable segments of the population should be supervised when they participate in sport activities. Any equipment used in the pursuit of sport must be in good working order / condition. Sport participants are appropriately prepared for the sport activities they undertake. This includes health checks, fitness training, coaching and knowledge of rules. Injured persons are withdrawn from participation as soon as the injury comes to light. Behaviour that may increase the possibility of injury is discouraged and action taken against persistent perpetrators of inappropriate behaviour.
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WITH REGARD TO THE LAWS OF THE GAME
These three are primarily responsible for ensuring players know the Game’s Laws !!
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Should (or when) this occurs, the Judiciary Procedure is activated.
Where does the Judiciary fit in ??? When there is a breach of the Game’s Laws that warrants a dismissal or citing, the Referee OR a League Official will refer the matter to the Judiciary. Should (or when) this occurs, the Judiciary Procedure is activated.
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IT IS AN ACCEPTED FACT WHERE : A TEAM IS WELL - DISCIPLINED !! A TEAM KNOWS THE LAWS !! A TEAM CAPTAIN IS TRULY IN CONTROL !! EACH PLAYER EXERCISES SELF - DISCIPLINE !! THEN : THERE ARE FEW “TRIPS TO THE JUDICIARY”. The ABOVE should be part of team / player goals.
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REMEMBER THE NEED FOR A JUDICIARY EXISTS ONLY BECAUSE A PLAYER (PLAYERS) HAVE ALLEDGEDLY BROKEN THE LAWS OF THE GAME. WHEN ALL PLAYERS PERFORM WITHIN THE LAWS, THE MATCH CAN BE PLAYED SAFELY, AND ENJOYABLY, AND THERE IS NO NEED FOR A JUDICIARY . JUDICIARIES DO NOT COME INTO THE PICTURE BECAUSE THEY WANT TO.
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ARE YOU AWARE THAT THERE ARE CERTAIN SITUATIONS WHERE AN AUTOMATIC EXPULSION, FROM THE FIELD, or A CITING CAN / MAY OCCUR ? [With, perhaps, a “trip to the Judiciary”]
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MISCONDUCT CRL’s “TOUGH LOVE” POLICY
Applies ALL Divisions up to, & including, U. 16’s. Zero tolerance of fighting on the field. Throw a punch – then, off the field and to the Judiciary. Guilty ? Minimum 1 match suspension. Guilty a 3rd time ? Minimum 12mths suspension. “ALL IN Melees [AIM]” Ref calls “time out”. Teams go to opposite ends of field to be spoken to by their coaches. Any “send offs” executed. No “time off” in normal games. If a repeat of AIM – game called off. If game abandoned after a “time out” period, coaches to appear before a Disciplinary Panel on COC charge. Any team with more than 2 abandoned games may be disqualified from competition. Any player who comes on to the field, to participate in a melee, will be sent off and, if found guilty by the Judiciary, will incur a 6 week suspension. Any player who plays while suspended will appear before the Judiciary for further suspension
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ABUSE; ILLEGALLY ENTERING FIELD; BREACHING CODE’s COC
Any player or official who touches, verbally abuses or acts aggressively towards a referee will be cited to appear before a Disciplinary Panel [DP]. Sanction may be a fine or suspension on individual, club or team. Any spectator who illegally enters the field will be cited to appear before a DP and may be suspended from attending any RL fixture for period of time and may be fined for breach of COC. Should a coach, manager or trainer act in an inappropriate manner and breach the COC, will be cited to appear before a DP and, if found guilty, will be sanctioned as above.
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DISMISSAL AND THE PLAYER
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USING THE SIN BIN NOTE. : Law Book Section 16, Note to Clause 6, states : “ The power to temporarily suspend a player is not an encouragement to Referees to deal leniently in the event of misconduct which merits dismissal.” [Referees should never be encouraged to use the Sin Bin as “a soft option”.] Temporary Suspension minutes duration from the time the Referee re-commences play. Player to go to Official Table, or into dressing room, and remain there for the complete period of time. Official given the task of timing the suspension will advise the player of the completion of the time. Player will then be permitted to re-enter the field by either Referee or Touch judge [normally by latter after reporting to the TJ at touch line].
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AT A SEND OFF
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LEAVE THE FIELD IMMEDIATELY. CHANGE. DO NOT
RE-ENTER THE FIELD OF PLAY. 2. OBTAIN– OR DELEGATE A CLUB OFFICIAL TO OBTAIN, A COPY OF THE REFEREE’S DISMISSAL REPORT AT THE CONCLUSION OF THE GAME. Club’s responsibility !! REFEREE’S REPORT WILL BE REFERRED TO THE MATCH REVIEW COMMITTEE AND THEN, IF CHARGE GRADED AS SERIOUS, TO THE JUDICIARY. 4. ARRANGE A COPY OF THE MATCH VIDEO IF ONE EXISTS. ORGANISE RELIABLE WITNESSES TO BE AVAILABLE (see that all supporting EVIDENCE is available). WITH CLUB OFFICIALS and WITNESSES, COMPARE THE CHARGE WITH CLAUSES IN Section 15 (Misconduct) OF THE LAWS OF THE GAME.
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6. APPROACH REPUTABLE PEOPLE, WHO MAY KNOW THE PLAYER, TO SOURCE WRITTEN CHARACTER REFERENCES. SOME OF THESE MAY EVEN MAKE THEMSELVES AVAILABLE TO APPEAR BEFORE THE JUDICIARY IF THIS IS DEEMED SUITABLE / NECESSARY AND / OR APPROPRIATE. 7. NOTE : A REFEREE OR TOUCH JUDGE MAY MAKE A REPORT OF MISCONDUCT BY A PLAYER [PLAYERS] BEFORE, DURING OR AFTER A MATCH irrespective of whether this led to a Send Off. SUCH A REPORT WILL REQUIRE THE PLAYER TO APPEAR BEFORE THE JUDICIARY irrespective of whether the player was sent off or not.
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ONCE DISQUALIFIED, SUSPENDED OR FINED BY THE JUDICIARY OR DISCIPLINARY PANEL ….. PLAYERS ARE ABLE TO APPEAL !! With the following in mind !! The player has the permission of his / her Club to appeal. Any appeal is lodged within 7 days of the Judiciary hearing and findings. The appeal (a) produces new evidence; which (b) was not available to the player before the conclusion of the hearing; and (c) was evidence of which the player could not have been aware before the hearing concluded irrespective of all enquiries made. The player may wish to appeal the severity of any penalty imposed by the Judiciary.
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THE JUDICIARY PANEL MEMBERS
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Panel Members are chosen because of their expertise in the game; its Laws; the various Duties of Care involved; and, the Judiciary Rules & Regulations concerning the bodies / associations / clubs involved. Members will have made themselves familiar with all documentation (and their accuracy) concerning any matter presented to them. No Member will have any “conflict of interest” because , for example, of an association with club, player or any person involved in the hearing before them. Should such a “conflict” exist, the Member should be excused and replaced. Should the Member have witnessed the incident which is the subject of the hearing, that Member should declare this knowledge and refrain from any comment during the hearing unless the player (or his / her advocate) is present. The Judiciary Chairperson, elected by the Judiciary Members, is responsible for the acceptance of any documentation such as Statutory Declarations, witness statements, Doctor’s Certificates, personal references.
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JUDICIARY HEARING PROCEDURE
Present in the room, apart from the Judiciary Members, are the player and his / her representative with the Referee and / or the Touch Judge and his / their representative. Initially, the player will be asked to confirm he has read the charge and report. If not, player & rep will be given time to read & discuss them. If yes, a plea will be sought. If a guilty plea is recorded, the player and / or rep may address the Judiciary on the charge and any relevant matters which may influence the Judiciary’s decision. If not guilty, player and referee will give evidence, call witnesses and produce other relevant evidence with questioning and cross examination allowed by all parties and Panel. After all evidence has been delivered and all parties, except the Panel have retired, the Panel will deliberate and reach a decision. The Panel may recall some parties should clarification of evidence be required.
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The Panel may adjourn any hearing to allow any evidence not then available, to be produced to ensure that the player is not denied natural justice. When a decision has been reached, all parties will be re-called to be informed of the Panel’s decision. If guilty, the player / rep may make further representations before any penalty is considered. After a further consultation, in private, the parties will be re-called and the Panel’s decision as to penalty / penalties will be announced. When a penalty has been imposed, the player must be informed of the right of appeal and the need to consult the Club / representatives, regarding proper procedure. Notes The Panel has the right to determine if any other officials or the media may attend any hearing. All proceedings of hearings shall be recorded and kept confidentially till after any appeal processes have been completed.
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BEING “SENT OFF”, AND APPEARING BEFORE THE JUDICIARY, IS NO BADGE OF HONOUR.
IN REALITY, IT MAY CONSTITUTE AN ELEMENT OF SHAME TO PLAYER, CLUB, TEAM AND FAMILY. SO : PLAY BY THE RULES !!!
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Should any further references be required, go to link for :
“NSWCRL Judiciary Code of Procedure” [NSWCRL March 2016]
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