El!te Development FoundationEl!te Development
Policy

Dispute resolution

The short version

  • Try to sort a problem out by talking first, unless it is about safety. A child’s safety always comes first.
  • To make a formal complaint, use Raise a concern or complaint on this website. You can stay anonymous.
  • A serious matter goes to a hearing, with 14 days’ notice. The person has the right to be heard and the right to appeal.
  • You can always take a matter to Basketball ACT, Basketball Australia, the police or another outside body.

Entity: El!te Development Foundation Incorporated

This document sets out the steps to be taken when a formal grievance or disciplinary matter arises. It works with the Constitution and the Member protection policy.

Phase 1: Intake and Assessment

  • Receipt of Complaint: all formal complaints must be made in writing. Use Raise a concern or complaint on this website, or write to the Secretary. A complaint made on the website goes to the small group at the club who hold safeguarding permission. We aim to acknowledge it within 2 business days and to update the person at least every 14 business days until it is finished. These are our current targets, and the club can change them.

Initial Review: the Committee shall meet within 48 hours to determine if the complaint falls under:

  • Level 1 (Minor): behaviour 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).

A complaint that involves a child’s safety is handled only by the people who hold safeguarding permission. The rest of the Committee are told only what they need to know to do their part.

Phase 2: The Hearing Procedure

  • 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.
  • Panel Appointment: the Committee appoints a Disciplinary Panel of three (3) unbiased members.
  • The Hearing: the panel convenes to hear the evidence. The member is given the opportunity to speak, present witnesses, and respond to all allegations.
  • Deliberation: the panel adjourns to consider its decision based on the balance of probabilities.

Phase 3: Outcome and Notification

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.
  • The 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

  • Closing the File: if no appeal is lodged within the timeframe in the Appeals Process below, the decision is final, and the Secretary updates the club’s records.
  • Initiating Appeal: if the member wishes to challenge the decision, the process must follow the instructions and timelines in the Appeals Process below.

Process flow summary

  • Step 1, Complaint lodged: with the club through the website, or to the Secretary.
  • Step 2, Assessment: the Committee, within 48 hours.
  • Step 3, Formal hearing: the Disciplinary Panel.
  • Step 4, Final decision: the Disciplinary Panel.
  • Step 5, Appeal request: the member, within 14 days.

How a concern or complaint is handled in the club’s Safeguarding inbox

  • Every contact, note and decision is recorded in a timeline that nobody can edit or delete.
  • A person who has a conflict of interest, such as being the person complained about or having a close connection to them, steps aside or is excluded by another holder, and sees nothing more of that case.
  • Closing a case takes two different people. The person who works the case asks to close it, with a written outcome. A second person approves it or sends it back. The second person must be another Safeguarding officer, the President or the club’s system administrator, and must also be on the committee. Nobody approves their own request. The President always holds safeguarding permission, so a case can always be closed properly.
  • A closed case is sealed in an encrypted archive that nobody can edit or delete. If the person who raised it writes again, a new linked case is started.
  • Records are kept confidential and shared only with people who need them, and with police, child protection services or Basketball ACT when required.

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 (for example, they were not 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

  • Timeframe: the Appellant must lodge a “Notice of Appeal” with the Secretary within 14 days of receiving the written Notice of Decision.
  • Grounds: the notice must clearly state the grounds for the appeal and include any supporting documentation.
  • 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

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

4. The Appeal Hearing

The Appeal Hearing is not a “re-hearing” of the entire case, but a review of the specific grounds raised in the appeal. 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).

The panel’s decision must be delivered in writing within 7 days of the hearing.

5. External Escalation (Basketball ACT / Basketball Australia)

  • Finality: the decision of the internal Appeals Panel is final regarding the club’s internal governance.
  • 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.
  • Jurisdiction: the club acknowledges that for certain high-level integrity matters (for example, Child Safeguarding), Basketball Australia may take original jurisdiction, and the club will defer to the national appeals process.

Notice of Appeal

To lodge an appeal, write to the Secretary of El!te Development Foundation Incorporated. Your Notice of Appeal must include:

  • Your name (and, if you are a parent or guardian, your child’s name), and the date.
  • The date of the original decision and the penalty imposed.
  • Your grounds for appeal: lack of procedural fairness, new evidence, or severity of penalty. Choose at least one.
  • A short statement of facts that explains why you are appealing on those grounds. Attach any new evidence.
  • The result you are seeking from the Appeals Panel.

By lodging a Notice of Appeal you acknowledge that:

  • The appeal must be lodged within 14 days of the original decision.
  • The original penalty remains in force during the appeal process unless the Committee tells you otherwise.
  • The decision of the Appeals Panel is the final internal decision of the club.

Outside the club

You can contact these at any time. Some matters are theirs to deal with, not the club’s.

  • Basketball ACT: Basketball ACT integrity page
  • Basketball Australia Integrity Unit: Basketball Australia integrity page, or STOPline (anonymous if you wish) on 1300 304 550.
  • ACT Human Rights Commission (hrc.act.gov.au, (02) 6205 2222), for complaints about discrimination.
  • ACT Policing (131 444, or 000 in an emergency) and Child and Youth Protection Services, where a child may be at risk.
‹ All policies