Code of Conduct Process Flow
Frequently Asked Questions
The below FAQs are organised into the following categories: general, questions from the person reported, questions from the person making the report and questions from the Club or Association.
GENERAL
Who does the Code of Conduct apply to?
Any Cricket Participant, Affiliate or Association.
(Note: definitions of these terms are provided within the New South Wales Cricket Association (‘NSWCA’) By-Laws)
What is the difference between a Code of Conduct and Integrity matter?
Generally speaking, Code of Conduct applies to incidents on-field, while integrity applies to off-field incidents. However, depending on the seriousness of the alleged offence, a matter occurring on the field could be considered an integrity matter. For example, racial vilification while sledging, particularly if aggravating circumstances exist, might be considered an integrity matter.
How do you categorise Code of Conduct offences?
There are four levels of offences within the Code of Conduct Procedures that increase with the seriousness of the incident. The level determines who hears and decides the breach and how severe the sanction will be.
Level 1 and 2 offences are heard by the Cricket New South Wales (‘CNSW’) Commissioner.
Level 3 and 4 offences are heard by the CNSW Judiciary Committee.
There are currently 21 different offences under the Code of Conduct. Examples of these different levels are:
- Level 1: Excessive appealing during a Match / Use of audible obscenity / Abuse of cricket equipment.
- Level 2: Any attempt to manipulate a Match for inappropriate strategic or tactical reasons.
- Level 3: Changing the condition of the ball in breach of Law 41 of the Laws of Cricket / Intimidation or attempted intimidation of an Umpire or Match Referee whether by language or conduct during a match.
- Level 4: Threat of assault or physical abuse of another Player, Player Support Personnel, or any other person during a Match (either Level 3/4)
(Note: For the full list of all 21 offences please refer to Schedule A of the CNSW CoC procedures.)
Who is the Commissioner?
The Commissioner is an esteemed position appointed by the CNSW Board of Directors to an individual with extensive experience in sports administration and who has a deep knowledge of integrity practices and processes. The current sitting Commissioner is Roy Amos.
Who can report a CoC offence?
Under clause 4.1 of the CoC Procedures, any of the following persons can make a report:
- Umpire
- An Executive Officer or appointed official of either of the Two Cricket Organisations whose representative teams participated in the Match during or in relation to which the alleged offence was committed.
- CNSW Chief Executive Officer (or his or her designee)
- An Executive Officer or appointed official who is from or affiliated with the Cricket Association to which the relevant Reported Person belongs.
What if I am not a person who is allowed to report a breach?
If you are not a defined as a “Person Reporting” within the categories set out in clause 4.1 of the CoC Procedures, you will need to speak to an Executive Officer from your Cricket Organisation for them to file the breach for you. We do not accept or investigate reports that do not comply with the CoC Procedures.
PERSON REPORTED
I received a Notice of Charge. What happens if I am found guilty of a breach?
There are a range of penalties applied, generally speaking the more serious breaches will receive higher penalties (in some cases this may be suspensions). The prescribed penalties for each of the four levels of offence are found within Schedule B of the CoC Procedures.
Can you appeal the decision?
Yes, an appeal can be lodged by:
- The person reported.
- The person reporting.
- In the case of decision of level 2 off-field offence (A.12, A15 and A.21), a Level 3 Offence, or a Level 4 Offence, the CNSW Chief Executive Officer.
Will I be given a “fair” hearing?
Each hearing will be run independently and if the matter progresses to the judiciary committee, this committee is independent of, and will not be, employees or officers of NSWCA.
All individuals will be shown procedural fairness and be given the opportunity to understand the case against them and respond to the case by presenting evidence that may assist the hearing.
I am a parent; do I still count as a “Cricket Participant”?
For the purposes of the NSWCA By-Laws a parent is acknowledged as a “Player Support Personnel” and therefore captured under the Code of Conduct as a “Cricket Participant”.
My child has been issued with a Notice of Charge. What should I do?
CNSW will correspond with the relevant parent or guardian notified on the player’s PlayHQ profile throughout the matter. Other than exceptional circumstances, any person under the age of 18 years will be required to have a parent or guardian present if any matter proceeds to a hearing.
I didn’t do what the Notice of Charge says I did. How do I give my own version of events?
Every Reported Person has three options in the Notice of Charge:
- Admit the conduct and accept the proposed sanctions;
- Admit the conduct but challenge the proposed sanctions; and
- Deny the conduct and proposed sanctions.
In options 2 and 3, the matter will progress to a hearing.
During the hearing, the Commissioner has discretion to manage all matters of process. However, you will be entitled to respond to the allegations made against you. This may be through either a written statement, or by providing oral evidence to the Commissioner, or both.
I have had a finding of breach. How long will this stay on my player record?
All reports remain on a player’s record for a period of 18-month periods from the day the report was received by CNSW.
Any further reports received within this 18-month period will be considered a second or subsequent offence under the CoC.
PERSON MAKING THE REPORT
I‘ve made a report. What happens next?
CNSW aims to have all reports under management by COB Monday with outcomes to be applied the same week. You will be notified as the matter progresses through the process and you will be provided with the outcome, including any sanctions that were applied.
Will I be required to attend hearings if the matter progresses?
By reporting the matter to CNSW you may be asked to voluntarily attend hearings as a witness. However, the report that is initially lodged with CNSW will be used as evidence.
I don’t agree with the category of offence. What can I do?
As a Reporting Person, your role in the process is as a ‘complainant’. All decisions related to the level of offence, the findings and the outcomes from hearings are made independently by either the Commissioner or the Judiciary Committee.
However, you can lodge an appeal in accordance with Part 9 of the Procedures.
ASSOCIATIONS/CLUBS
When will the association be notified of an alleged breach?
The Reporting Person may notify the Association of the report being made. If this has not occurred, a notification will be sent by a member of the CNSW Integrity Team.
What role does the Association play in this process?
The process is run independently of the club and association and all decisions are made by the Commissioner and communicated through the CNSW Integrity Unit. This independence helps to remove conflicts of interest and also ensures a consistent application of the process across all competitions under the Cricket NSW jurisdiction. It also assists to reduce the burden of this workload on volunteers.
When will the association be notified if a suspension occurs?
A member of the association will be sent a Notification of Outcome which will provide the name, level of offence, sanction, and effect of sanction.
For more information on CNSW CoC please refer to the NSWCA By-Laws and CNSW Code of Conduct Procedures.