Entity: Elite Development Foundation Incorporated

This document outlines the operational steps to be taken when a formal grievance or disciplinary matter arises. It should be read in conjunction with the Dispute Resolution Policy.

Phase 1: Intake and Assessment

1. Receipt of Complaint: All formal complaints must be submitted in writing to the Secretary.
2. Initial Review: The Executive Committee (President, Vice President, Treasurer, and Secretary) shall meet within 48 hours to determine if the complaint falls under:
   • Level 1 (Minor): Behavior breaches or club-level disagreements (proceed to Mediation).
   • Level 2 (Major): Serious breaches of the Constitution or Member Protection standards (proceed to Disciplinary Hearing).
   • Level 3 (External): Matters involving criminal activity or National Integrity Framework (NIF) violations (referred to Police or Basketball ACT).

Phase 2: The Hearing Procedure

3. Notice of Hearing: If a Level 2 breach is identified, the Secretary issues a “Notice of Disciplinary Hearing” to the member, providing at least 14 days’ notice.
4. Panel Appointment: The Board appoints a Disciplinary Panel of three (3) unbiased members.
5. The Hearing: The panel convenes to hear the evidence. The member is given the opportunity to speak, present witnesses, and respond to all allegations.
6. Deliberation: The panel adjourns to consider its decision based on the balance of probabilities.

Phase 3: Outcome and Notification

7. Notice of Decision: The Secretary provides the member with a written “Notice of Decision” within 7 days of the hearing. This notice must include:
   • The finding (Proven/Not Proven).
   • The penalty imposed (if any).
   • The reasons for the decision.
8. Right to Appeal: The Notice of Decision must explicitly state that the member has a right to appeal the outcome.

Phase 4: Finalization or Escalation

9. Closing the File: If no appeal is lodged within the timeframe specified in Attachment 2, the decision is final, and the Secretary updates the club’s records.
10. Initiating Appeal: If the member wishes to challenge the decision, the process must follow the instructions and timelines outlined in Attachment 2: The Appeals Process.

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Process Flow Summary Table

Step	Action	Authority	Link
1	Complaint Lodged	Secretary	Policy Section 3
2	Assessment	Executive Board	Attachment 1, Sec 2
3	Formal Hearing	Disciplinary Panel	Attachment 1, Sec 5
4	Final Decision	Disciplinary Panel	Attachment 1, Sec 7
5	Appeal Request	Member	See Attachment 2

2.  Appeals Process

1 Right of Appeal

A member who has been the subject of a disciplinary decision (the “Appellant”) has the right to appeal the decision if they believe:

• Procedural Fairness was lacking: The principles of Natural Justice were not followed (e.g., they weren’t given a chance to speak).
• New Evidence: Substantial new information has come to light that was not available at the time of the original hearing.
• Severity of Penalty: The penalty imposed is grossly disproportionate to the breach.

2 Internal Appeal Lodgment

1. Timeframe: The Appellant must lodge a “Notice of Appeal” with the Secretary within 14 days of receiving the written Notice of Decision.
2. Grounds: The notice must clearly state the grounds for the appeal and include any supporting documentation.
3. Stay of Proceedings: Lodging an appeal does not automatically “stay” (pause) the penalty. The initial decision remains in force unless the Committee, at its discretion, decides otherwise.

3 The Appeals Panel

1. The Committee shall appoint an Appeals Panel within 7 days of receiving the notice.
2. The Appeals Panel must consist of three (3) persons who were not involved in the original disciplinary hearing or the underlying incident.
3. Where possible, the Club may invite an independent person (e.g., a representative from another club or a person with legal/governance experience) to chair the panel to ensure total impartiality.

4 The Appeal Hearing

1. The Appeal Hearing is not a “re-hearing” of the entire case, but a review of the specific grounds raised in the appeal.
2. The Panel has the power to:
   • Uphold the original decision and penalty.
   • Set aside the original decision.
   • Vary the penalty (either increasing or decreasing it).
3. The Panel’s decision must be delivered in writing within 7 days of the hearing.

5 External Escalation (Basketball ACT / Basketball Australia)

1. Finality: The decision of the internal Appeals Panel is final regarding the Club’s internal governance.
2. External Review: If the dispute relates to a breach of the National Integrity Framework (NIF), the member may have further rights of appeal through the National Sports Tribunal (NST) or as directed by Basketball ACT by-laws.
3. Jurisdiction: The Club acknowledges that for certain high-level integrity matters (e.g., Child Safeguarding), Basketball Australia may take original jurisdiction, and the Club will defer to the national appeals process.

3.  Template – Notice of Appeal

This is the formal document a member would submit to the Elite Development Foundation Incorporated Secretary to trigger the process we just drafted.

To: The Secretary, Elite Development Foundation Incorporated

From: [Member Name / Parent or Guardian Name]

Date of Submission: [Insert Date]

1. Matter Details

• Date of Original Decision: [Insert Date of Decision Letter]
• Penalty Imposed: [e.g., 2-week suspension, formal warning, etc.]

2. Grounds for Appeal

Under Section 4 of the Dispute Resolution Policy and Process, I am lodging this appeal based on the following grounds (please tick at least one):

• [ ] Lack of Procedural Fairness: The disciplinary process did not follow the principles of Natural Justice.
• [ ] New Evidence: Substantial new information has become available that was not considered in the original hearing.
• [ ] Severity of Penalty: The penalty imposed is disproportionate to the alleged breach.

3. Statement of Facts

Please provide a concise summary explaining why you are appealing based on the grounds selected above. Attach any new evidence or supporting documentation to this form.

[Insert Text Area Here]

4. Desired Outcome

What result are you seeking from this Appeals Panel? (e.g., Dismissal of the charge, reduction of penalty, etc.)

[Insert Text Area Here]

5. Declaration

I acknowledge that:

1. This appeal must be lodged within 14 days of the original decision.
2. The original penalty remains in force during the appeal process unless otherwise notified by the Committee.
3. The decision of the Appeals Panel will be the final internal determination of the Club.

Signature: ___________________________ Name (Printed): ________________________