MY JOURNEY TO THE WORLD OF SPORTING TRIBUNALS

MYJOURNEYTOTHEWORLDOF SPORTINGTRIBUNALS

Sam Cusumano

DEAKIN UNIVERSITY

My journey to the AFL environment and the world of sporting tribunals commenced by good fortune.

It was the mid 1980’s. My wife and I, whilst driving home from work on a Tuesday evening, noticed a group of “ athletes” performing training drills at Parade College Bundoora sports oval in Plenty Road. We could not quite work out who these people were. We again noticed the same group two nights later.

Our curiosity got the better of us. So, I turned into the sports oval and asked one of these “ athletes” who they were and who they represented. They were a group of Diamond Valley Football League field and boundary umpires performing particular training drills in readiness for their upcoming games that weekend. My wife encouraged me to join them so as to “ get a little bit of fitness” (to put it mildly). This I did.

After a few weeks of training to join as a goal umpire, word “ got out” that I was legally qualified. I was approached by League officials to ascertain whether or not I was interested in becoming the League’s honorary legal adviser. I was happy to take on that role which I held for many years. The cases I had to deal with mainly involved disgruntled players who wished to challenge, in the Courts, tribunal decisions – most of which occurred at finals time. However, this proved to merely be the beginning of my involvement in sports law.

In January 1990, I commenced lecturing at Victoria College Burwood, now Deakin University Burwood campus. Because of my involvement with the League as its adviser and my sporting background, I was asked by the University to prepare course materials in a unit that would be introduced as part of the Sport Management degree program. The unit was “Sport and the Law” which I taught for over 10 years and is still conducted today.

Then, in early 1993, the AFL advertised for tribunal members. I applied and was successful. I sat as a member of the AFL Reserves Tribunal and whilst I was hearing cases involving “AFL reserve grade players” , I was also rostered to hear cases involving senior AFL players at the AFL tribunal sitting alongside Neil Busse (former AFL Tribunal Chairman).

In 1996, I was appointed to the VFL tribunal and was a member of that Tribunal for over 20 years. At the same time, I was invited to be part of the AFL (Victorian Country) (the umbrella body of country leagues) and also AFL (Victoria) (the umbrella body of suburban leagues) Appeal Boards. I spent over 20 years on each of these Appeal Boards, often travelling to country towns to hear and determine appeals.

I spent an immensely gratifying 10 years travelling throughout country Victoria on behalf of AFL (Victoria Country), delivering seminars to tribunal members and advocates on proper tribunal procedures and processes, and the basic principles of natural justice or procedural fairness.

I have also been a member of the Victorian Soccer Federation (now Football Victoria) tribunal panel and on one occasion in 1997, I was invited to hear and determine a disciplinary matter on behalf of the Australian Olympic Committee.

To jump forward, in 2015, I was appointed Chair of the Northern Football Netball League Independent tribunal, a position I still hold today. This year marks 30 years of being a part of the various sporting tribunals in Melbourne. In this time, I have heard hundreds of cases.

It has been a pleasant, enjoyable and rewarding experience and I have learned much from other tribunal members who have sat with me from time to time. I have derived much satisfaction and pride sitting alongside notable QC’s and on occasions, alongside Magistrates to hear and determine cases.

A personally significant part of my journey has also been my son’s involvement. His similar interests in the law and sport has led him to also become a member of this League’s tribunal and we have heard and determined cases together. I am not certain, but I doubt whether there has ever been a “father and son” sit together to perform an adjudicative function at a tribunal in Victoria.

So, if it wasn’t for my wife “ pushing me” to find out who was training at the Parade College sports oval in Bundoora, I would never have become a goal umpire. I would never have been appointed the League’s legal adviser. I would never have been asked to prepare the course materials in “Sport and the Law” and probably never have been appointed to the various tribunals I have described. It was purely all good fortune or “being there at the right time and the right place” .

So, if you are interested in being part of a sports tribunal, you would be wise to send your CV to a number of Sporting leagues to see whether there is an opening for you to be part of its tribunal panels or Appeals Boards. You just never know what might develop from there. You should also consider becoming a member of a sporting club and who knows, you might be asked to handle some of its legal matters. This would certainly be a step in the right direction in opening up a whole new environment in the practise of your profession.