Who can appeal? The Club can appeal the decision of the Tribunal to the Appeal Board, so long as they get the Notice of Appeal faxed to the AFL by 2 p.m. EST the day after the Tribunal decision. And don't forget the cheque for $15,000 - that's $5,000 to cover the costs of the appeal, and another $10,000 that will be refunded if the appeal succeeds or the Board accepts there was some merit to the appeal. By the way, the General Manager Football Operations can also appeal a decision of the Tribunal if he believes they got it wrong – that's really putting the boot on the other foot!When is the hearing? Don't get the idea that this is a way to get your star player to the starting line in that all important game the week after he's suspended – the AFL has seen right through that gambit.Unless there are exceptional circumstances, the appeal hearing must take place before the club's next game, even if this means the appeal is heard at short notice. The Rules acknowledge that this might not allow the player sufficient opportunity to prepare his case as well as he might like, and as natural justice requires. We'll talk later about whether this potential breach of natural justice presents any legal problems. The procedure In many ways the procedure is the same as the Tribunal:
Who's on it? The Chairperson must be an experienced lawyer; there are another four experienced lawyers who are Deputy Chairpersons; and four "football members" who are not lawyers. One from each group sits on each appeal hearing (that's 2 lawyers plus one "football member"). The first Appeal Board consisted of Peter O'Callaghan QC (Chairperson); Brian Bourke; Graham Sherry; John Schultz; Gavin Francis; and Tony Nolan. Onus of proof This time around, because it is the player who is appealing the Tribunal's decision (called the "appellant"), he has to prove that the Tribunal got it wrong, i.e. he has the onus of proof. He could claim the decision of the Tribunal should be overturned or that the penalty was wrong. Lawyers? Like the Tribunal, the Player's Advocate is not a lawyer unless the charge involves racial villification or a doping allegation. But unlike the Tribunal, the player might be allowed to bring a lawyer if the club can show there are exceptional and compelling circumstances that would make it unfair to deny legal representation.
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