This might be a complicated one.
In 2023/24 the association had the pleasure of having a Delegates Meeting decide to overturn a Management Committee decision made under Reg 46 about a dispute in a match.
Quite apart from the merits of the case, it has been suggested that we should:
- introduce a time limit for clubs (or players or officials or whoever is making an appeal) to make their appeal.
- provide a means for appeal outside of a delegates meeting
- establish (and elect) a delegates sub committee to hear appeals (or maybe advise on them)
This would mean (at least) an addition to Reg 46.6 and 47.6
It would be wise to check too that it will work with the QSDCA constitution (which itself requires some revision but that can be disregarded for this issue.)
This is what Adam Brady (Management Committee, Cricketops, Taringa Rovers) says:
I think we need to put a time limit on clubs appealing any playing regulation breaches and ManCom penalties. (XX Club name redacted XX) have been sitting on this for 10 days and send their response / appeal 3 days before the start of their semi final.
I think we add to the playing regulations that clubs have 5 days to notify the Management Committee their intent to appeal any penalty handed out. It will still have to go to a Delegates meeting, but let's put a time limit on when they notify their intent to appeal.
Also, is there a way we can handle any appeals after the last Delegates meeting in Feb ? Current regulations mean that you effectively can't appeal any penalty handed out after the last Delegates meeting in first week of Feb.
Perhaps we could say that the ManCom will setup a group of three independent Delegates to assess any appeal after the last Delegates meeting. For example, we could select from (XX list of names redacted XX) etc. although I would suggest we choose Delegates from clubs that don't have involvement with any teams in that grade.
Mark Irwin (ManCom, cricketops) added:
That makes a lot of sense.
It would make the whole process simpler. Could be done over Zoom within days.
I would suggest 5 (members) and they could be elected at the AGM. I know this is a big change but it gets around issues like this one and takes the sting out of issues like the (xx club name redacted xx) one which took ½ longer than it should have.
A move for the better – the Sub Committee who hear the Committee reasons and the reasons of the objection. 5 means no tie. Given it only happened once this yr it isn’t a huge ask. Agree we need more to ensure your team isn’t involved. Not sure it would be that grade as that could rule out a lot of guys.
My (obvious) objections include:
- Who in the wide world would want to serve on an independent appeals sub committee?
- In 2023 we gutted a great deal of Reg 43 which was about Internal
QSDCA Behaviour Commissioners. This was done because of certain legal
issues which undermined QC Conduct Commissions and the fact that NO ONE
wanted to be appointed as QSDCA Behaviour Commissioner (to work for free and all
the work was high pressure work).
- What sort of issues could the appeals subcommittee consider and what could not they consider?
- Some clues to this are in the Management Committee powers section of the Constitution (section 14). We might get "smart-alec" appeals against a range of Management Committee decisions, affecting everything from team shirt approvals to venue changes? This might lead to a nightmare scenario that we need to rule out.
- Appeals v intent to appeal? Depending on how a new rule is worded there could still be a long gap between intent to appeal and the actual appeal.
- The standard practice for all Mancom decisions would instantly become notify intent to appeal then take a month (or a year) to lodge the appeal... bypassing the 5 days' (or whatever) time limit.
- The new regulation would achieve very little unless lodging the appeal too is limited.
DISCUSSION
The notion of appeal against a decision by the management committee under Reg 46 Breach of Playing Regulation by Clubs or Reg 47 Conduct Detrimental to the Spirit of the Game derives from the words in Reg 46.6 and 47.6 which read:
46.6 The decision of the management committee under Playing Regulation 46 may only be overturned by a meeting of Delegates.
Reg 47.6 is the same but each refers to a different type of controversy.
- Reg 46 is about breaches of Regs (breaking specific playing regulations repeatedly or seriously e.g. failure to register players)
- Reg 47 is about detrimental conduct (fighting or cheating or something similarly serious not otherwise covered by specific rules)
This regulation is limited to giving a power of overturning the decision only to a meeting of delegates.
The meeting of delegates cannot make a new decision (just overturn the first decision) and there is nothing to constrain the Management Committee from making another decision after that any way they see fit. (That's a weakness I guess but not an impassable one. I imagine that there will be suggestions a plenty of what to do and "spirit of the game"/shame/good sense would compel Mancom to avoid rehashing the original decision... that would cause a fight...)
Reg 44 provides for appeals against player behaviour findings (i.e usually Conduct Commissioner sentencing). It is very specifically only that and is probably redundant since a QC Conduct Commissioner would likely follow the QC Appeal Tribunal process outlined in the Appendix A Code of Behaviour. There might be an argument to repeal this regulation but that can wait till another time..
SPECIAL GENERAL MEETINGS
There is provision in the Constitution which allows an association meeting (called a Special General Meeting) attended by delegates to be called at any time.
Not simple or well understood but it is there and it is possible.
These are:
21. SPECIAL GENERAL MEETING
21.1 The Secretary shall convene a special general meeting:-
a. When directed to do so by the Management Committee; or
b. On receiving a requisition signed by not less than five (5) delegate members of different affiliated clubs specifying the object of which meeting is desired.
21.2 No resolution, other than that for which the meeting has been called, shall be dealt with at any extraordinary general meeting or at any adjournment thereof. The Chairman of the meeting may permit a verbal amendment to any resolution if such amendment does not materially alter the intention of the original resolution.
21.3 The minutes of an extraordinary general meeting shall be submitted for confirmation at the next meeting of the Association.
22. GENERAL MEETING QUORUM
22.1 At any general meeting of the members of the Association, the number of members required to constitute a quorum shall be double the number of members presently on the Management Committee plus one. In the absence of a quorum after the expiration of thirty minutes from the time appointed for assembling, the meeting shall be adjourned to such time and such place as those present think fit.
What I'm suggesting is this: THERE IS AN EXISTING means of mounting an appeal against a Mancom decision under Reg 46 or 47 which can be exercised outside of the regular association meeting schedule.
Streamlining it is unnecessary unless we expect an increase in breach of regulation or detrimental conduct decisions (and appeals). Streamlining might invite an increase...
We do not need an "Appeals subcommittee". Any five "signatures" from different affiliate club delegates will call a Special General Meeting or possibly the Mancom itself could do so. Alternatively, Mancom could refer an appeal to an upcoming Association meeting.
So, going back to where this started...
| OLD REGULATIONS |
PROPOSED REGULATIONS |
| Introduce a time limit for clubs (or players or officials or whoever is making an appeal) to make their appeal. | Add a clause to Reg 46.6 and Reg 47.6 which states the time limit for notice of appeal and the actual appeal) |
46.6 The decision of the management committee under Playing Regulation 46 may only be overturned by a meeting of Delegates. |
46.6.1 Clubs may appeal a decision of the Management Committee made under Playing Regulation 46. |
| 46.6.2 To proceed, written notice of appeal which details the grounds of appeal must be received by the Association Secretary within 5 days of the decision. | |
| 46.6.3 The decision of the management committee under Playing Regulation 46 may only be overturned by a meeting of Delegates. | |
| 46.6.4 This appeal process only applies to decisions of the Management Committee made under Playing Regulation 46. | |
| Repeat for Reg 47.6 |
The term "decision of the Management Committee made under Playing Regulation 46" is meant to limit this appeal process to Reg 46 decisions by Mancom only. Reg 46.6.4 is added to emphasise this point. Reg 46.6.4 says this appeal mechanism applies only to this kind of decision and does not allow appeals against any other Mancom decisions... or does this weaken the regulation too much?
Following receipt of a written notice of appeal, the Association secretary will then be compelled to convene a Special General Meeting under s21 of the Constitution (perhaps by Zoom?) to resolve the appeal question.
Perhaps 46.6.1 and 46.6.2 could be condensed into "written notice of appeal.. within 10 days..." ?
Are the time periods right? (5 days and 10 days.. what about 7 and 14 days? or 24 hours and 48 hours?)
After discussion by the Management Committee the notice and lodgement of appeal was collapsed into a single 5 day time limit.
A similar change is strongly recommended for CCC Reg 42.6 and 43.6
ABM 15-Feb-2024
(Updated 29-Jun-2024)
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