Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_95
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 95
Character Range: 73964–75703

95  Hearings and evidence

Anti-Doping appeals
 (1) If the parties to the appeal agree that an appeal can be decided without a hearing, and the Tribunal is satisfied that it would be appropriate to do so, the Tribunal may determine the appeal by reference only to the documents lodged by the parties. Otherwise, the Tribunal is to conduct the appeal with a hearing.
 (2) The Tribunal is to conduct the appeal by way of a hearing de novo.
 (3) The Tribunal has discretion to exclude evidence presented by the parties if it was available to them or could reasonably have been discovered by them before the determination or decision appealed against was made.

General Division and Sporting Tribunal appeals
 (4) If the parties to the appeal agree that the appeal can be decided without a hearing, and the Tribunal is satisfied that it would be appropriate to do so, the Tribunal may determine the appeal by reference only to the documents lodged by the parties. Otherwise, the Tribunal is to conduct the appeal with a hearing.
 (5) The Tribunal is to conduct the appeal by way of a rehearing, unless:
 (a) the constituent document or separate agreement referring the dispute to the Tribunal otherwise provides; or
 (b) the basis of the appeal is such that a rehearing would be inappropriate; or
 (c)  the parties agree otherwise.
 (6) The Tribunal may admit new evidence on appeal in the following circumstances:
 (a) as permitted by the constituent document or separate agreement between the parties to the dispute referring the dispute to the Appeals Division of the Tribunal;
 (b) where all of the parties to the appeal agree; or
 (c) where the Tribunal is satisfied that appropriate circumstances warrant the admission of new evidence.