20 February 2023

H. REVISE BEHAVIOUR REPORTS AGAINST PLAYERS (Regulation 43)

 WHAT'S THIS ABOUT

  • To end the QSDCA Internal Commission process which is no longer used.

SUMMARY OF CHANGES

  • Closes down Regulation 43.

DISCUSSION

  • Regulation 43 is intended to provide an internal QSDCA Commission process. 
  • This regulation is a legacy provision for a reserve judiciary mechanism that no longer serves a useful or practical purpose.
  • This has not been used at all for more than 5 years. No QSDCA Commissioners have been appointed by the Management Committee in that period.
  • Since Behaviour commission processes have been exclusively provided in recent years by the QC Conducts Commissioners this regulation is not really needed at present.
  • It has been suggested that if QC Conducts Commission became unavailable for some reason, this Regulation might be required.
  • If that happened then this or a similare regulation could be re-established.
  • I'm grateful to Matthew Skinner QC Umpire Co-ordinator who has provided most of the suggested amendments for this Regulation.


PROPOSED CHANGES

OLD REGULATIONS What does this mean?/Why is this no good? PROPOSED NEW WORDING
43 BEHAVIOUR REPORTS AGAINST PLAYERS
Applies to All Competitions
- no change
43.1 The Management Committee will appoint two Commissioners prior to the commencement of the first match of the season. - 43.1 NIL
43.2 Any report on player behaviour whether by an umpire, player, captain or other person must be received by the Secretary of this Association by 8.00pm the next day after conclusion of the match. - 43.2 Any report on player behaviour whether by an umpire, player, captain or other person must be received by the Secretary of this Association by 4:30pm Monday after the completion of the match

(added)43.2.1  Notwithstanding 43.2, The Secretary of the Association may lodge a report with Queensland Cricket or instigate an investigation by Queensland Cricket within 48 hours of becoming aware of any facts, which are capable of substantiating a breach under the Queensland Cricket Code of Behaviour. 
43.3 A report is expected to be signed by the person submitting it and a contact number provided. Some of the remnant regulation restates the Appendix A Code of Behaviour instructions (and might be redundant). 43.3 A report is expected to be signed by the person submitting it and a contact number provided.
43.4 If a behaviour report against a player is received by the Secretary of the Association, it will be referred to a Commissioner to investigate whether the Code of Behaviour has been breached - 43.4 If a behaviour report against a player is received by the Secretary of the Association, it will be referred to the Queensland Cricket Conducts Commissioners to investigate whether the Code of Behaviour has been breached
43.5 The Commissioner appointed to investigate a behaviour report has the power to contact the player and discuss the matter verbally or refer the matter immediately to a Conducts Committee without contacting the player. - 43.5 The Queensland Cricket Code of Behaviour shall be followed with regards to the process involved.
43.6 If the Commissioner decides to contact the player, then arising from that discussion with the player, the Commissioner will have the authority to either. - 43.6 NIL
43.6.1 Find the player guilty and impose a suspension or a suspension to be suspended for a period. - 43.6.1 NIL
43.6.2 Find the player guilty but give the player an official reprimand which will be recorded as such. - 43.6.2 NIL
43.6.3 Find the player not guilty. - 43.6.3 NIL
43.6.4 Refer the matter to a QSDCA Conducts Committee to conduct a conducts hearing. - 43.6.4 NIL
43.6.5 In the event of a serious allegation, refer the matter to a Queensland Cricket Conducts Committee to conduct a conducts hearing. - 43.6.5 NIL
43.7 The decision of the Commissioner will be forwarded to the Secretary of this Association by the next day and the player and their club will be advised of the result within twenty fours hours notice of that advice. - 43.7 The decision of the Commissioner or Conducts Committee will be forwarded to the Secretary of this Association by the next day and the player and their club will be advised of the result within twenty four hours notice of that advice. Note that failure to notify the Association, the player or their club within the timeframe shall not nullify a penalty imposed.
43.8 If a conducts hearing is required then the Management Committee will appoint a panel of three suitable persons, one of which will be the Commissioner. - 43.8 NIL
43.9 The other two panel members will be drawn from players not playing in the same grade as the player/s that have been reported or from the teams involved in the report. - 43.9 NIL
43.10 The Conducts Committee will meet promptly and, where practicable, prior to the next competition match commencing. - 43.10 NIL
43.11 A player attending a hearing is entitled to have an executive from their club attend to assist, provided that person is not a Solicitor or a Barrister. - 43.11 NIL
43.12 A player attending a hearing is to be given a reasonable opportunity to present evidence to the Conducts Committee to consider at the hearing. - 43.12 NIL
43.13 Should the player/s be required to attend a conducts hearing, then any penalty will be determined by the Conducts Committee at that hearing. - 43.13 NIL
43.14 The Conducts Committee will determine whether the Code of Behaviour has been breached and has the power to make any of the following findings: - 43.14 NIL
43.14.1 Find the player guilty and impose a suspension or a suspension to be suspended for a period - 43.14.1 NIL
43.14.2 Find the player guilty but give the player an official reprimand which will be recorded as such. - 43.14.2 NIL
43.14.3 Find the player not guilty. - 43.14.3 NIL
43.15 Nothing in this rule prevents the Commissioner or the management committee forwarding a report on player/s behaviour to Queensland Cricket where the report will then be dealt with in the manner provided in the Policies Appendix, Behaviour, as set out elsewhere in these regulations - 43.15 NIL
Renumber fixRenumber 43.1 to 43.6 accordingly.

  • 43.2 => 43.1
  • 43.2.1 => 43.2
  • 43.3 
  • 43.4 
  • 43.5 
  • 43.7 => 43.6



ABM 7-Jun-2023

(Update 3-Jul-2023)

Back to INTRODUCTION


 

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