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Individual members lodging a complaint
Cycling Victoria
Individual members lodging a complaint 1. MAKING A COMPLAINT GUIDE i. The dispute and complaint procedures will be conducted in a manner that upholds the integrity and highest standard of conduct in the sport. ii. Allegations of any breach of rules and policies are taken seriously. Cycling Victoria and its Member Clubs are committed to resolving disputes and complaints in a timely manner and according to procedures that afford fairness and natural justice to the individuals involved. iii. All rules and policies are applied consistently and any disciplinary measures will be based on the evidence and information presented and the seriousness of the breach. iv. Complaints will be kept confidential, except if the law requires disclosure or disclosure is necessary to properly resolve the matter. v. There are informal and formal procedures for resolving disputes and complaints. You can also complain to external organisations under anti-discrimination and other relevant laws.
2. INFORMAL APPROACHES A. Reaching a resolution i. If appropriate, you should first talk with the other person and attempt to resolve the problem with them. Your Club and Cycling Victoria require you to initially attempt to resolve the dispute between yourselves within 14 days of the dispute arising. For further information, see rules 30-34 of the Cycling Victoria Incorporation Association Rules and clause 7 and Part D of the Cycling Australia National Member Protection Policy.
B. Reporting a dispute or complaint i. This approach is recommended if: a. the problem relates to a disciplinary issue; b. resolution between you and the member the subject of the complaint (Respondent) is not possible or reasonable; c. you are unsure of how to handle the problem; d. you would like to talk confidentially about the problem and obtain guidance on how to handle the matter; or e. the problem has continued after you have attempted to reach a resolution between you and the Respondent.
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individual members lodging a complaint
If a dispute or complaint involves two members of the same Club or relates to an incident at a local event: ff the dispute or complaint should be handled at Club level. If a dispute or complaint involves two members from different Clubs or relates to an incident at a state event: ff the dispute or complaint should be handled at Cycling Victoria level. If the dispute or complaint involves members from different states and territories or relates to a national event: ff the dispute should be handled at Cycling Australia level.
ii. If you have been unable to resolve the matter and/or need to formalise the issue you should contact the relevant contact person set out in the flowcharts in this guide.
C. Mediation i. After you formalise a matter, the relevant contact person may determine that mediation is the best initial course of action and will then arrange the assistance of a mediator. For matters subject to disciplinary action, mediation may occur before or after a formal investigation of a complaint. ii. A mediator must be impartial and without any personal interest in the dispute and chosen by agreement of the parties. iii. Mediation is confidential and without prejudice to your rights or those of the Respondent. Mediation will provide each party with an opportunity to be heard, allow due consideration of any written statements submitted by the parties, ensure natural justice is accorded to all parties and allow you to arrive at mutually agreed outcomes. iv. Mediators will not determine a dispute but will assist you and the Respondent to reach an agreement on how to resolve the problem. At the end of mediation, you and the Respondent will sign a document setting out the agreement reached by the parties. v. Mediation will not be suitable if: a. you and the member the subject of the complaint (Respondent) have a different version of events on the matter; b. either you or the Respondent are unwilling to mediate; c. your relationship is not suited to mediation (for example, there is a power imbalance between you and the Respondent); or d. the matter involves proven serious allegations. For further information, see rules 27-31 of your Club Rules, rules 30-34 of the Cycling Victoria Incorporation Association Rules and clause 7 and Part D of the Cycling Australia National Member Protection Policy.
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Cycling Victoria
3. FORMAL APPROACHES – MAKING A COMPLAINT Please note: for complaints and disputes at Club level, this guide summarises the model Club Rules. If your Club has adopted a separate set of rules, you must separately consult and comply with your Club’s rules.
A. Does the matter involve discrimination, harassment, bullying, inappropriate behaviour or misuse of social media? i. If you believe that another member has acted inappropriately, you are encouraged to formally report the matter to the contact person set out in the flowcharts in this guide. ii. Relevant complaints officers will keep your complaint confidential. Once you formalise a complaint, your Club Committee or Cycling Victoria may then: a. refer the complaint to mediation (see section Section 2C above for more information); b. issue an immediate warning or fine or suspend the Respondent’s membership; c. appoint a person to investigate the complaint; or d. refer the matter to the Committee or a subcommittee (Club level), Board or disciplinary subcommittee (Cycling Victoria level) or tribunal (Cycling Australia level) for hearing. iii. Club and Cycling Victoria level a. Immediate warning, suspension or fine If either your Club or the Board of Cycling Victoria is satisfied that there is sufficient grounds for disciplinary action against the Respondent, it may immediately give the Respondent an official warning; suspend the Respondent from competitions, activities or events (for a maximum of four weeks); terminate the Respondent’s membership or fine the Respondent up to $250.
b. Investigation Your Club Committee or Cycling Victoria Board may elect to appoint an investigator to conduct an investigation. Investigation will assist with determining the facts of the matter and will lead to possible recommendations and findings. Your Club or Cycling Victoria will provide a written brief to an investigator. The investigator will interview you and interview and relay the contents of the complaint to the Respondent so that they may respond. The investigator will also seek statements from witnesses in order to make a finding over any disputed facts and, finally, make a finding on the nature of the complaint (i.e. whether it is substantiated, inconclusive, unsubstantiated or vexatious). Throughout the process, you and the Respondent will be entitled to support persons. The investigator will provide a report to the relevant complaints officer (who will then determine what further action, if any, to take). You and the Respondent will also receive a summary of the report.
c. Hearing Either: • the Committee may itself convene or appoint a disciplinary subcommittee (Subcommittee)
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individual members lodging a complaint
(at Club level) to hear the matter and determine what action, if any, to take.; or CV may itself convene or appoint a disciplinary subcommittee (Subcommittee), comprising a barrister or solicitor as Chair and two other individuals approved by the Chair (at Cycling Victoria level) to hear the matter and determine what action, if any, to take.; Hearing Process Between 14 and 28 days before the hearing, the Board or the Subcommittee will provide you and the Respondent with written notice setting out that the Club or Cycling Victoria proposes to take disciplinary action. You will be required to pay $500 to the Subcommittee if you bring a matter before it, which will be refunded if the matter is found to be genuine (and retained by the Subcommittee if the matter is found to be vexatious or frivolous). At the meeting, you and any witnesses you have called will be given an opportunity to be heard. The Committee, Board or Subcommittee will also consider any written statement submitted by you. For further information, see rules 20-31 of the Club Rules and rules 22-34 of the Cycling Victoria Incorporated Association Rules.
iv. Cycling Australia level a. Immediate warning, suspension or fine If Cycling Australia determines that there is sufficient grounds for disciplinary action against the Respondent, it may immediately give the Respondent an official warning; suspend the Respondent from competitions, activities or events; terminate the Respondent’s membership or fine the Respondent. Cycling Australia may also impose other disciplinary action, including requiring that a member make an apology, attend counselling or transfer to another role or activity.
b. Investigation The Cycling Australia complaints officer (Complaints Officer), may elect to appoint an investigator to conduct an investigation. Investigation will assist with determining the facts of the matter and will lead to possible recommendations and findings. Cycling Australia will provide a written brief to an investigator. The investigator will interview you and interview and relay the contents of the complaint to the Respondent so that they may respond. The investigator will also seek statements from witnesses in order to make a finding over any disputed facts and, finally, make a finding on the nature of the complaint (i.e. whether it is substantiated, inconclusive, unsubstantiated, or vexatious). Throughout the process, you and the Respondent will be entitled to support persons. The investigator will provide a report to the Complaints Officer (who will then determine what further action, if any, to take). You and the Respondent will also receive a summary of the report.
c. Hearing The Complaints Officer or the CEO of Cycling Australia have discretion to determine whether a matter is suited to referral to a Cycling Australia tribunal. Any decision regarding possible disciplinary action will be referred to a tribunal for determination. The Complaints Officer will provide you and the Respondent with written notice before the hearing. At the hearing, you will be given an opportunity to be heard. A tribunal will provide all parties with a fair and impartial hearing and will ultimately decide whether a complaint has been substantiated and announce their decision at the hearing to all those involved. For further information, see clauses 7-9 and Part D of the Cycling Australia National Member Protection Policy, clauses 7-8 of the Cycling Australia Constitution and rules 2.10-2.15 of the Cycling Australia By-Laws.
v. External referral
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Cycling Victoria
If you are unable to resolve the dispute with the assistance of your Club, Cycling Victoria or Cycling Australia, you may then seek to refer the matter externally (in accordance with the Associations Incorporation Reform Act 2012 or otherwise at law). Alternatively, you and the relevant complaints officer assisting you may at any time determine that a matter needs to be referred to: a. the police; b. the relevant regulator or anti-discrimination commission; or c. any other relevant authority. Each authority will then deal with the matter according to its own processes and your Club, Cycling Victoria and/or Cycling Australia will assist in any investigations.
B. Does the matter involve doping, gambling or breach of technical regulations? i. Doping Cycling Australia has referred its anti-doping functions to the Australian Sports AntiDoping Authority (ASADA). Members must immediately refer information about possible anti-doping rule violations to ASADA. For further information on how infractions are handled see rules 15-20 of the Cycling Australia Ant-Doping Policy. For further information on anti-doping see also the World AntiDoping Code.
ii. Integrity and gambling To make a complaint concerning a betting, gambling, financial speculation and fixing associated with the sport, you should formally report the matter to the contact person set out in the flowcharts in this guide. a. All Levels (Club, Cycling Victoria and Cycling Australia To see further details regarding the mediation, warnings, suspensions, fines, investigations and the hearing process at Club and Cycling Victoria level, see Section 3A(iii) above. All complaints regarding integrity and gambling should be made directly to the CA CEO. After your complaint is formalised, the matter will be referred on to a disciplinary tribunal (or externally to the relevant authority or regulator, if required). A disciplinary tribunal will be convened and deal with any allegations in accordance with clauses 6-7 of the Cycling Australia National Policy on Integrity and Gambling, clause 17 of the Cycling Australia Constitution and rules 2.10-2.13 of the Cycling Australia By-Laws.
iii. Technical regulations The Chief Commissaire will be responsible for all in competition matters.. a. Club and Cycling Victoria level If you report a breach of technical regulations in the competition, the Chief Commissaire or a members of the Commissaire Panel will deal with the alleged offense by providing the Respondent with notice of a hearing, a right of reply and natural justice during the competition. The Commissaire Panel may dismiss the charge or impose a penalty. Failure to pay a fine or penalty may lead to suspension of membership. A protest in relation to competition conduct must be made in writing to the Chief Commissaire within 15 minutes of the end of the event (and submitted with the relevant fee). If appeal rights are exercised by the Respondent in accordance with rule 27 of the Cycling Victoria Incorporated Association Rules, then the matter will be dealt with by the relevant Subcommittee (for further details see Section 3A(iii)).
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For further information on disciplinary matters in competition see rules 2.38-45 of the Cycling Victoria By-Laws and rules 27-29 of the Cycling Victoria Incorporation Association Rules. For further information on disciplinary matters in competition see rule 2.13 of the Cycling Australia By-Laws and rules 3.26-3.28 and Annexure 9 of the Cycling Australia Technical Regulations (Road and Track) and rules 71-80 of the Cycling Australia Technical Regulations (Cyclo-cross).
C. Is the matter a dispute between you and another member? If the matter is not a disciplinary issue (for disciplinary matters see Section 3A and 3B) and cannot be resolved informally according to section 1.2, then you can formalise the dispute with the relevant contact person set out in the flowcharts in this guide.
i. Mediation More information regarding mediation is set out at section Section 2C above. ii. External referral If you are unable to resolve the dispute with the assistance of a mediator, you may then seek to refer the matter externally (if applicable, in accordance with the Associations Incorporation Reform Act 2012 or otherwise at law). For further information, see rules 27-31 of the Club Rules, rules 30-34 of the Cycling Victoria Incorporation Association Rules and clause 7 and Part D of the Cycling Australia National Member Protection Policy.
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Cycling Victoria
Flowchart on disputes, complaints and disciplinary procedures
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individual members lodging a complaint
Start
Did the incident involve: discrimination, harassment, bullying, inappropriate behaviour, or misuse of social media? Yes Was the incident at a Club event?
Was the incident at a state or territory event?
Yes
Was the incident at a national event?
Yes
The complaint should be made at Club level.
Yes
The complaint should be made at Cycling Victoria level.
The complaint should be made at Cycling Australia level.
STEP 1: COMPLAINT IS FORMALISED Contact a member of your Club’s Committee
Contact the Complaints Officer
Contact the Complaints Officer
Warning, suspension or fine
Warning, suspension or fine
Warning, suspension or fine
Resolved? No
Yes
End
Resolved? No
Investigation
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Investigation
Yes
End
Resolved? No Investigation
Yes
End
Cycling Victoria
Resolved?
Yes
End
Resolved?
No
No
Mediation
Mediation
Resolved?
Yes
End
Resolved?
Yes
Yes
End
End
Resolved?
No
No
No
Hearing
Hearing
Hearing
Resolved?
Yes
End
No
Resolved?
Yes
End
No
External referral
External referral
Resolved?
Yes
Yes
End
End
No External referral
RELEVANT RULES, POLICIES AND PROCEDURES Club Level
Cycling Victoria Level
National Level
yy Club Rules
yy Cycling Victoria Codes of Conduct
yy Cycling Australia National Member Protection Policy
yy Cycling Victoria Incorporated Association Rules
yy Cycling Australia By-Laws
yy Cycling Victoria By-Laws
yy Social media: Cycling Australia National Member Protection Policy
yy Cycling Victoria Incorporated Association Rules yy Cycling Victoria By-Laws
yy ‘Cycling Victoria Social Media Policy’
yy Cycling Australia Constitution
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individual members lodging a complaint
Start
Did the incident involve doping? Yes The complaint should be made at Cycling Australia level.
STEP 1: COMPLAINT IS FORMALISED
Members must contact ASADA regarding possible anti-doping rule violations
Investigation and disciplinary hearing and appeal (ASADA)
RELEVANT RULES, POLICIES AND PROCEDURES yy Cycling Australia Anti-Doping Policy yy the World Anti-Doping Code.
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Cycling Victoria
Start
Did the incident involve integrity and gambling? Yes
The complaint should be made at Cycling Australia level.
STEP 1: COMPLAINT IS FORMALISED Contact the CEO of Cycling Australia
Investigation
Resolved?
Yes
End
No Hearing
Resolved?
Yes
End
No External referral
RELEVANT RULES, POLICIES AND PROCEDURES yy Cycling Australia National Policy on Integrity and Gambling
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individual members lodging a complaint
Start
Did the incident involve breach of technical regulations? Yes Was the incident at a Club event?
Was the incident at a state or territory event?
Yes
Was the incident at a national event?
Yes
The complaint should be made at Club level.
Yes
The complaint should be made at Cycling Victoria level.
The complaint should be made at Cycling Australia level.
STEP 1: COMPLAINT IS FORMALISED Contact an Official or the Chief Commissaire
Contact an Official or the Chief Commissaire
Hearing
Resolved?
Contact the Chief Commissaire
Hearing
Yes
No
End
Resolved?
Hearing
Yes
End
No
No
External referral
Resolved?
External referral
External referral
RELEVANT RULES, POLICIES AND PROCEDURES Club Level
Cycling Victoria Level
National Level
yy Club Rules
yy Cycling Victoria Technical Regulations
yy Cycling Australia Technical Regulations
yy Cycling Victoria By-Laws
yy Cycling Australia By-Laws
yy Cycling Victoria Technical Regulations yy Cycling Victoria By-Laws yy Cycling Victoria Incorporated Association Rules
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yy Cycling Victoria Incorporated Association Rules
Yes
End
Cycling Victoria
Start
Is the matter a dispute between you and another member (that is not a disciplinary issue)? Yes Does the dispute involve two members of the same Club? Yes
Does the dispute involve two members from different Clubs?
Does the dispute involve members from different states and territories?
Yes
The complaint should be made at Club level.
Yes
The complaint should be made at Cycling Victoria level.
The complaint should be made at Cycling Australia level.
STEP 1: RESOLUTION BETWEEN PARTIES STEP 2: COMPLAINT IS FORMALISED Contact a member of your Club’s Committee
Contact the Complaints Officer
Contact the Complaints Officer or the CEO of Cycling Australia
STEP 3: MEDIATION STEP 4: EXTERNAL REFERRAL RELEVANT RULES, POLICIES AND PROCEDURES Club Level
Cycling Victoria Level
National Level
yy Club Rules
yy Cycling Victoria Incorporated Association Rules
yy National Member Protection Policy
yy Cycling Victoria Incorporated Association Rules
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