Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_96:p1
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 96 (pt 1/2)
Character Range: 75703–78456

96  Publication of determinations on appeal

Determinations of Anti-Doping appeals
 (1) In accordance with the relevant Anti-Doping Policy and subject to subsections (4) and (5), the CEO is to publish all written determinations of Anti-Doping appeals.
 (2) The Tribunal may recommend to the CEO that the CEO publish a version of the determination containing a pseudonym so that a witness is not able to be identified.
 (3) A pseudonym is not to be applied to protect the identity of a party to the dispute.
 (4) Where the Tribunal has determined that a Minor, a Protected Person, or a Recreational Athlete, as defined in the relevant Anti-Doping Policy, against whom an anti-doping rule violation has been asserted has committed the anti-doping rule violation, the CEO:
 (a) is not required to publish the determination; and
 (b) may otherwise publish information about the outcome of the matter that is proportionate to the facts and circumstances of the case.
 (5) Where the Tribunal has determined that a person against whom an anti-doping rule violation has been asserted has not committed the anti-doping rule violation, the CEO is not to publish the determination unless the applicant consents, and may do so in its entirety or in such redacted form as the applicant may approve.
 (6) Subsection (5) does not prevent the CEO publishing, on the Tribunal's website, that the decision has been appealed or, with the consent of the parties, a summary of the decision.
 (7) Where feasible, a summary published under subsection (6) should not contain information that would identify the parties, or that could reasonably identify the parties, unless the parties agree to be named.
  Determinations of General Division and Sporting Tribunal appeals
 (8) Subject to subsection (9), the CEO is not to publish a determination of a General Division or Sporting Tribunal appeal.
 (9) The CEO may publish a determination where:
 (a) all the parties to the dispute agree to publication; or
 (b) the Tribunal member or members who prepared the determination and the CEO agree that a determination of the appeal is of such precedential value that it is to be published; or
 (c) the Tribunal member or members who prepared the determination and the CEO agree that it is in the public interest to publish a determination of the appeal.
 (10) If paragraph (9)(b) or (c) applies, the Tribunal is to then give each party the opportunity to make submissions on whether any parts of the determination should be redacted before publication.
 (11) The Tribunal, having regard to those submissions, is to make the redactions (if any) it considers appropriate.
 (12) The CEO is to publish the determination with the redactions made under subsection (11).
 (13) The CEO is to