DUBBO DISTRICT CRICKET ASSOCIATION CODE OF CONDUCT [CURRENT AT SEPTEMBER 2014] PREAMBLE THE SPIRIT OF CRICKET Cricket is a game that owes much of its unique appeal to the fact that it should be played not only within its Laws but also within the Spirit of the Game. Any action which is seen to abuse this spirit causes injury to the game itself. The major responsibility for ensuring the spirit of fair play rests with the captains. 1. There are two Laws which place the responsibility for the team's conduct firmly on the captain. Responsibility of captains The captains are responsible at all times for ensuring that play is conducted within the Spirit of the Game as well as within the Laws. Player s conduct In the event of a player failing to comply with instructions by an umpire, or criticising by word or action the decisions of an umpire, or showing dissent, or generally behaving in a manner which might bring the game into disrepute, the umpire concerned shall in the first place report the matter to the other umpire and to the player's captain, and instruct the latter to take action. 2. Fair and unfair play According to the Laws the umpires are the sole judges of fair and unfair play. The umpires may intervene at any time and it is the responsibility of the captain to take action where required. 3. The umpires are authorised to intervene in cases of: Time wasting Damaging the pitch Dangerous or unfair bowling Tampering with the ball Any other action that they consider to be unfair 4. The Spirit of the Game involves RESPECT for: Your opponents Your own captain and team The role of the umpires The game and its traditional values 5. It is against the Spirit of the Game: To dispute an umpire's decision by word, action or gesture To direct abusive language towards an opponent or umpire To indulge in cheating or any sharp practice, for instance: a) to appeal knowing that the batsman is not out b) to advance towards an umpire in an aggressive manner when appealing c) to seek to distract an opponent either verbally or by harassment with persistent clapping or unnecessary noise under the guise of enthusiasm and motivation of one's own side 6. Violence There is no place for any act of violence on the field of play.
7. Players Captains and umpires together set the tone for the conduct of a cricket match. Every player is expected to make an important contribution to this. The players, umpires and scorers in a game of cricket may be of either gender and the Laws apply equally to both. The use, throughout the text, of pronouns indicating the male gender is purely for brevity. Except where specifically stated otherwise, every provision of the Laws is to be read as applying to women and girls equally as to men and boys. Embracing the spirit of the game means participating, either as a player or as an official, fairly and exhibiting respect for other players and officials and the game s traditional values such as graciousness in defeat and humility in victory. Cricket has a distinct place in Australian society and history. As an element in Australia s national identity, cricket plays a significant role. This status brings with it particular responsibilities for players and officials to conform to high standards of fair play and personal behaviour on and off the field. This Code of Conduct is intended to protect and enshrine such important qualities and standards so that all may continue to enjoy the game of cricket now and in the future. This Code of Conduct is also designed to ensure consistency in the decisions by the Judiciary and to provide them and clubs within their auspicious guidelines as to the conduct required, process and sentencing options guidelines. The Code of Conduct is a guideline and policy document and does not strictly legally bind its users and parties. However, significant departure from this policy must be justified in the eyes of the DDCA. The DDCA wishes to acknowledge that the attached Code of Conduct has been adapted from the Cricket Australia and the ICC Code of Conduct. Those documents have been amended mostly to localise its concepts.
DEFINITIONS AND INTERPRETATION 1. In this Code: Dubbo & District Cricket Association Inc. DDCA - Dubbo District Cricket Association Inc., members of its Executive and committee members President of DDCA - The President of the DDCA or, if unavailable, the succession of the Executive. For example: First Vice President, Second Vice President, Honorary Secretary, Treasurer DDJCA Judiciary - Dubbo District Junior Cricket Association, members of its Executive and committee members - the Code of Conduct Judiciary established by Section 2 of this Code. Chairman of Judiciary - a Code of Conduct Judiciary Chairman appointed under Section 2 of this Code. Match means any cricket match: a) played as part of a scheduled two day match or one day match within the competition; b) played as part of a 20/20 match or match similar; or c) played as part of any match within the auspices of the DDCA. Official means: a) the manager or a member of the coaching, medical or fitness staff of a Team; b) any other person acting in an official capacity in relation to a Team; c) an umpire of a Match; or d) the referee of a Match. e) member of the DDCA executive or committee including members of the technical committee. Judiciary Coordinator - person appointed by the DDCA to: a) Act as the registrar on behalf of the Judiciary for all reports or in default of such appointment, the President (see also definition of President DDCA above); and b) Coordinate with all relevant parties (players, clubs, umpires and the DDCA) and initially apply penalties associated with breach reports (guided by this Code). Team means the following cricket teams and includes both male and female teams: a) any grade side within a Club registered or within the auspices of the DDCA; b) any team made of registered players within the auspices of the DDCA. For example: Saturday club side, 20/20 side, or charity side representing DDCA; or c) any other cricket team selected by or under the auspices of the DDCA. E.g. Representative side. Team official Tour Executive means any of the people identified in paragraphs a) and b) of the definition of official. means the manager, coach, captain and vice-captain of cricket team. 2. In the interpretation of this Code: a) a construction that would promote the purpose or object underlying the Code must be preferred to a construction that would not promote that purpose or object; b) consideration may be given to any matter or document that is relevant; and c) words in the singular include the plural and vice versa and interpreted non-gender specific. 3. This Code applies to conduct on the field of play (in respect of any Match) and off the field of play. Subject to Section 5, it applies in addition to (and not in substitution of), the NSW and or the Cricket Australia Code of Conduct or any code they bind.
Section 1: Rules for behaviour Offences Each of the Rules for behaviour has a guideline. The guidelines are intended as an illustrative guide only and in the case of any doubt as to the interpretation of the Rule, the provisions of the Rule itself shall take precedence over the provisions of the guidelines. The guidelines should not be read as an exhaustive list of offences or prohibited conduct. It should be explicitly noted that captains are responsible for, wherever possible, managing the actions of their players. In particular, note Point 2 in the Preamble. Where an umpire has given prior warning to a captain that words and/or actions of one (or more) of his player s is/are unacceptable, the captain must take steps to ensure the player(s) does not continue with inappropriate behaviour. Should the player subsequently be the subject of a report under this Code due to ongoing inappropriate behaviour, the captain shall also be reported (and subject to this Code) as though he had personally committed the offence. 1. Level 1 Offences The Offences set out at 1.1 to 1.6 below are Level 1 Offences. The range of penalties which shall be imposed for a Level 1 Offence is set out in Section 5 of this Code. Players and, where applicable, officials must not: No. Rule Guidelines 1.1 1.2 1.3 1.4 1.5 1.6 Abuse cricket equipment or clothing, ground equipment or fixtures and fittings Show dissent at an umpire s decision by action or verbal abuse Use language that is obscene, offensive or insulting and/or the making of an obscene gesture Engage in excessive appealing Point or gesture towards the pavilion in an aggressive manner upon the dismissal of a batsman Breach any regulation regarding approved clothing or equipment Includes actions outside the course of normal cricket actions such as hitting or kicking the wickets and actions which intentionally or negligently result in damage to the advertising boards, boundary fences, dressing room doors, mirrors, windows and other fixtures and fittings. Includes excessive, obvious disappointment with an umpire s decision or with an umpire making the decision and obvious delay in resuming play or leaving the wicket. This Rule does not prohibit the bowler involved in the decision or a team captain from asking an umpire to provide an explanation for a decision or a Team official from making a formal complaint. This includes swearing and offensive gestures which are not directed at another person such as swearing in frustration at one s own poor play or fortune. This offence is not intended to penalise trivial behaviour. The extent to which such behaviour is likely to give offence shall be taken into account when assessing the seriousness of the breach. Excessive shall mean repeated appealing when the bowler/fielder knows the batsman is not out with the intention of placing the umpire under pressure. It is not intended to prevent loud or enthusiastic appealing. However, the practice of celebrating or assuming a dismissal before the decision has been given may also come within this Rule. Self-explanatory. This includes regulations regarding bat logos and regulations regarding other logos or advertising which may be worn or displayed.
2. Level 2 Offences The Offences set out at 2.1 to 2.8 below are Level 2 Offences. The range of penalties which shall be imposed for a Level 2 Offence is set out in Section 5 of this Code. Players and, where applicable, officials must not: No. Rule Guidelines 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Show serious dissent at an umpire s decision by action or verbal abuse Engage in inappropriate and deliberate physical contact with other players or officials in the course of play Charge or advance towards the umpire in an aggressive manner when appealing Deliberately and maliciously distract or obstruct another player or official on the field of play Throw the ball at or near a player or official in an inappropriate and/or dangerous manner Use language that is obscene, offensive or of a seriously insulting nature to another player, official or spectator. Change the condition of the ball in breach of Law 42.3 Attempt to manipulate a Match in regard to the result, net run rate, bonus point s or otherwise. The captain of any team guilty of such conduct shall be held responsible. Dissent should be classified as serious where the dissent is expressed by a specific action such as the shaking of the head, snatching cap from umpire, pointing at pad or inside edge, other displays of anger or abusive language directed at the umpire or excessive delay in resuming play or leaving the wicket. This Rule does not prohibit the bowler involved in the decision or a team captain from asking an umpire to provide an explanation for a decision or a Team official from making a formal complaint. Without limitation, players will breach this regulation if they deliberately walk or run into or shoulder another player, official or match official. Self-explanatory. Without limitation, players will breach this rule if they deliberately attempt to distract a striker by words or gestures or deliberately shepherd a batsman while running or attempting to run between wickets. This Rule will not prohibit a fielder or bowler from returning the ball to the stumps in the normal fashion. This is language or gestures which are directed at another person. See comments under Rule 1.3 above in relation to the seriousness of the breach. Prohibited behaviour includes picking the seam or deliberately throwing the ball into ground for the purpose of roughening it up and the application of moisture to the ball, save for perspiration and saliva. Prohibited conduct under this rule will include incidents where a team bats in such a way as to either adversely affect its own, or improve its opponent s, bonus points, net run rate or quotient.
3. Level 3 Offences The Offences set out at 3.1 to 3.3 below are Level 3 Offences. The range of penalties which shall be imposed for a Level 3 Offence is set out in Section 5 of this Code. Players and, where applicable, officials must not: No. Rule Guidelines 3.1 Intimidate an umpire or referee whether by Includes appealing in an aggressive or threatening manner. language or conduct 3.2 Threaten to assault another player, Team Self-explanatory. official or spectator 3.3 Use language or gestures that offend, insult, humiliate, intimidate, threaten, disparage or vilify another person on the basis of that person s race, religion, colour, descent or national or ethnic origin Self-explanatory. 4. Level 4 Offences The Offences set out at 4.1 to 4.4 below are Level 4 Offences. The range of penalties which shall be imposed for a Level 4 Offence is set out in Section 5 of this Code. Players and, where applicable, officials must not: No. Rule Guidelines 4.1 Threaten to assault an umpire or referee Self-explanatory. 4.2 Physically assault another player, umpire, referee, Self-explanatory. official or spectator 4.3 Engage in any act of violence on the field of Self-explanatory. play 4.4 Use language or gestures that seriously offends, insults, humiliates, intimidates, threatens, disparages or vilifies another person on the basis of that person s race, religion, colour, descent or national or ethnic origin Self-explanatory.
MISCELLANEOUS OFFENCES Dubbo & District Cricket Association Inc. 5. Laws of Cricket and Spirit of the Game (Level 1 to Level 4) No. Rule Guidelines This is meant as a general Rule to deal with situations where the facts of or the gravity or seriousness of the alleged incident are not adequately or clearly covered by the offences set out in Rules 1 4 (inclusive) of the Code. 5 Players must obey the Laws of Cricket and play within The Spirit of the Game. The captain and Team coach must ensure that their Team and individual members of the Team complies with this rule. Conduct which will be prohibited under the clause includes using an illegal bat, time wasting and any conduct which is considered unfair play under Law 42 of the Laws of Cricket. This Rule is not intended to punish unintentional breaches of the Laws of Cricket. Reference may be made to any statement or explanation of the Spirit of Cricket published in conjunction with the Laws of Cricket. Nothing in this Rule or the Code alters the onus on the captain to ensure that the Spirit of the Game is adhered to as stated and defined in the preamble to the Laws of Cricket. 6. Unbecoming Behaviour (Level 1 to Level 4) No. Rule Guidelines This is also meant as a general Rule to deal with situations where the facts of or the gravity or seriousness of the alleged incident are not adequately or clearly covered by the offences set out in Rules 1 4 (inclusive) of the Code. 6 Without limiting any other rule, players and officials must not at any time engage in behaviour unbecoming to a player or official that could bring the game of cricket into disrepute or be harmful to the interests of cricket It is intended to include serious or repeated criminal conduct, public acts of misconduct, unruly public behaviour and cheating during play. This Rule applies in the following circumstances only (whichever is the longer): a) subject to paragraph b), participation in any Match, tour or training camp away with the DDCA. b) participation in a Home Match or series of Home Matches, from the commencement of the day before the first day of the Match or series of Matches until the end of the day following the conclusion of the Match or series of Matches; c) participation in a home training session from the time of arrival at the venue until departure; and d) attendance at an official cricket function or performance.
7. Detrimental Public Comment (Level 1 to Level 4) No. Rule Guidelines Without limitation, players and officials will breach this rule if by making any public or media comment they: 7 Without limiting any other rule, players and officials must not make public or media comment which is detrimental to the interests of the game. This shall include any such comments made on social media and other internet-based sites publicly denigrate another player or publicly denigrate or criticise an, official, umpire, referee or team against which they have played or will play, whether in relation to incidents which occurred in a match or otherwise; denigrate a team; denigrate another player or official by inappropriately commenting on any aspect of his or her performance, abilities or characteristics; comment on the likely outcome of a hearing or a report or an appeal; criticise the outcome of a hearing or an appeal; or criticise any evidence, submission or other comment made by any person at the hearing of a report or any appeal. 8. Racial and Religious Vilification Code (Level 1 to Level 4) No. Rule Guidelines 8 Without limiting Rules 3.3 and 4.4, players and officials must obey Cricket Australia s Racial and Religious Vilification Code (as amended from time to time) Any behaviour prohibited by this Rule will be dealt with under the Racial and Religious Vilification Code and not under the Code of Conduct, save where a report is made under another rule of the Code of Conduct (in which case a player or official may also lodge a complaint under the Racial and Religious Vilification Code). 9. Anti-Harassment Policy (Level 1 to Level 4) No. Rule Guidelines 9 Players and officials must obey Cricket Australia s Anti-Harassment Policy (as amended from time to time). Any behaviour prohibited by this Rule will be dealt with under the Anti-Harassment Policy and not under the Code of Conduct, save where a report is made under another rule of the Code of Conduct (in which case a player or official may also lodge a complaint under the Anti-Harassment Policy).
Section 2: The Code of Conduct Judiciary 2.1. Establishment A Code of Conduct Judiciary (the Judiciary) is established. 2.2. Powers The Judiciary is empowered to: a) hear and decide reports and appeals brought under this Code and penalise any breaches; b) hear and decide complaints referred to it under the Racial and Religious Vilification Code and penalise any breaches; and c) deal with any other matter referred to it by DDCA. 2.3. Membership The Judiciary will consist of a hearing no fewer than 3 members and will include; a) a Chairman of the Judiciary; b) 2 Judiciary member(s). 2.4. Appointment The Judiciary Coordinator shall appoint, under the direction of the DDCA Executive, the members of the judiciary for any hearing. As a guide, no judiciary member shall be a member of the Executive or a registered player (in the last 2 years) of a team to which is subject to the judiciary either as the complainant or the subject person. 2.5. Eligibility Each subject club can nominate a judiciary member to be placed on the eligibility list for the DDCA/Judiciary Coordinator to select. As a guide a person who is currently not a registered player and or holding an executive position in any club is preferable although not objectionable by the DDCA. 2.6. Matters heard Any report, complaint or other matter brought to the Judiciary will be heard and determined by an ordinary Judiciary nominated by the Judiciary Coordinator/DDCA, unless earlier settled to the satisfaction of all parties via an early guilty plea as allowed within these guidelines. 2.7. Appeals a) Any appeal from a decision of the Judiciary shall be heard by the DDCA in committee holding no less than 5 members, with the President of the DDCA as Chairman (known as the Appeals Judiciary). One of those members is required to be the Judiciary Coordinator (if available). This will ensure a reference is able to be made to determinations and evidence heard in the original judiciary s decision. b) In the event the Appeals Judiciary is unable to secure 5 members of the board, a person s can be selected from the pool of judiciary members (see 2.5 above). It should be noted that such new member cannot have sat in the substantive hearing. c) Any member from the original judiciary from the appealed decision can be present during the Appeal. Their presence will be in silence, however the Appeals Judiciary can seek advice and clarification as to evidence given in the original hearing.
2.8. Function of the Judiciary Coordinator. a) Including the functions suggested elsewhere in the Code, the Judiciary Coordinator s functions are: To provide advice as to the interpretation of the Code to all Receive all reports initially from the DDCA Secretary Record each report received Review each report and determine any penalties should the subject person(s) plead guilty, as guided by Section 1 and Section 5 of this Code. Coordinate parties required to action/address a report Receive and administer all responses from parties involved. Coordinate the formation of the Judiciary/Appeals Judiciary as required, including providing all relevant documentation/information To ensure the Judiciary and the Appeals Judiciary administer the Code appropriately. Advise the player(s), club(s) involved, the DDCA and MVCUA of final decisions made Other than in the Appeals Judiciary, the Coordinator is not to guide any member of the Judiciary as to findings of fact. b) The Judiciary Coordinator must maintain a register of all reports of alleged breaches of this Code and of all complaints referred to the Judiciary under the Racial and Religious Vilification Code and the Anti- Harassment Policy. The register must record the outcome of any hearings and appeals including any penalty imposed. The register is to be available to the Judiciary for the purpose of assisting it in fixing any penalty for a breach of this Code of Conduct and of the Racial and Religious Vilification Code and the Anti-Harassment Policy. No reference may be made to the register prior to the making of a finding of guilt or innocence. c) A copy of this register will be presented to each monthly meeting of the DDCA. d) The Judiciary Coordinator at hearings is required to take short minutes as to the events of the hearing, but not form part of the Judiciary itself. In an Appeals Hearing, the Secretary of the DDCA is to take short minutes of the Appeals Hearing. 2.9. Address of Judiciary The address of the Judiciary for the purposes of the lodging of documents pursuant to this Code shall be the address/email address of the DDCA (ddcasecretary@gmail.com).
Section 3: Reports 3.1. Who can report breaches? Subject to 3.3 below, an alleged breach of the Code may be reported by: a) any: (i) player participating; or (ii) umpire or Match referee officiating, in the Match in connection with which the alleged breach occurs; b) the: (i) Captain; or (ii) the President of a club represented by either Team, participating in the Match in connection with which the alleged breach occurs; c) the: (i) Macquarie Valley Cricket Umpires Association President; or (ii) President of a club, of the person alleged to have committed the breach where the alleged breach does not occur in connection with a Match; or (iii) the President (DDCA). 3.2. Form of report Any report of an alleged breach of the Code must be made to the Judiciary in writing on a form approved by the DDCA (refer Appendix 1). 3.3. Timeframe for lodging reports a) In the case of an alleged breach occurring on the field, a report must be lodged by 12pm of the first Monday immediately following the Match. Where that Monday is a Public Holiday, the next working day. b) In the case of an event occurring before or after the match, a complaint must be lodged within 24hrs after the incident or by 12pm the next working day, whatever is the later period. c) Save that the DDCA President may lodge with 24 hours of becoming aware of any facts capable of substantiating a charge under this Code. d) Lodging a complaint directly to the President of the DDCA will not overcome the lodgement requirements provided in 3.3 a) above. The person or club must show that the information was not available in any form prior to the lodgement requirements. 3.4. Method of reporting The prescribed form (Appendix 1) should be sent by email to the Secretary of the DDCA (ddcasecretary@gmail.com) within the required time limits. 3.5. Coordinators role after receiving report As soon as reasonably practicable after the Judiciary Coordinator receives the report, the person against whom a report is made must be informed of the making of the report, written particulars of the rules of this Code it is alleged have been breached, a brief statement as to how they have allegedly been breached and any penalties to be imposed should the subject plead guilty. 3.6. Withdrawal of report A report may be withdrawn at any time. 3.7. Rules to report against Where the facts of or the gravity or seriousness of the alleged incident are not adequately or clearly covered by the offences set out in Rules 1 4 (inclusive) of Section 1, the person making the report may allege another offence, for example: a) breach of Rule 5 Laws of Cricket and Spirit of the Game; b) breach of Rule 6 Unbecoming Behaviour; or c) breach of Rule 7 - Detrimental Public Comment
d) breach of Rule 8 - Racial and Religious Vilification Code e) breach of Rule 9 Anti-Harassment Policy. 3.8. Multiple incidents Where there are separate incidents in the course of a match, separate charges should be laid. 3.9. Assessment of reports a) The assessment of the allegations of the reports shall be initially conducted by the Judiciary Coordinator. A recommendation will be forwarded to Chairman of the Judiciary as to a range of possible breaches of the code that may have occurred and procedures that should be followed. The Judiciary Coordinator will also make a recommendation as to whether a prima facie case exists on the papers (see 3.9 c) for prima facie definition). b) The Coordinator upon considering the evidence offered will decide whether or not the evidence is sufficient or not to warrant a breach. In the event no breach is decided a written reason will be sent to the DDCA President, MVCUA (if one or more of their members was responsible for the report) and the complainant. c) For the purposes of this Code and 3.9 a) & b), prima facie case exists on the papers means, The assessment of the evidence considering whether or not the evidence available is taken at its highest, discounting internal and external inconsistency and credit issues. Thus in the event the remaining evidence does not at its highest establish an offence it shall be deemed to not of reached a prima facie level.
Section 4: Hearings 4.1. Procedure a) If the Judiciary Co-ordinator determines a prima facie case exists as per 3.9, he shall determine an appropriate penalty for a guilty plea based on the guidelines in Section 5 of this code. He shall then notify the subject, his/her Club Secretary and their Club President of the penalty above and the date at which a hearing will be held should the subject plead not guilty. Early guilty options SHALL NOT be available for cases involving Level 3 or 4 incidents, or miscellaneous incidents covered under subsections 5-9 in Section 1 of this document. The above people will be notified by email based on the relevant details on their Club s MyCricket website. It is up to all clubs to maintain this register of details. Lack of contact due to incomplete or erroneous records WILL NOT be accepted as an excuse for not being aware that a Code breach has been served. b) The subject s Club Secretary must respond to the Judiciary Coordinator by 5pm the first working day after notification has sent by the Judiciary Coordinator. The response must indicate a plea and include any/all supporting documentation to support the plea where relevant. If no response has been received within this timeframe, the Judiciary Coordinator will proceed as if a plea of guilty has been entered (for early plea options offered for Level 1 or 2 incidents). Reponses from the subject or their Club President will be accepted in extraordinary circumstances, but the Club must explain why the response did not come through the Club Secretary. c) In the event of a guilty plea, notification will occur as per 4.6. d) Notwithstanding matters resolved as per 4.1 a) - c) (above), the Judiciary will hold a hearing in relation to each report made under this Code where a not-guilty plea has been entered. Where appropriate, the Judiciary may hear more than one report simultaneously where those reports are in respect of the same or related behaviour (cross-claim). 4.2. Timeframe The hearing of a report in relation to on-field behaviour will be held promptly after the person against whom the report is made has been informed of the making of the report and its details. In the normal course of events and subject to the availability of a Chairman, the hearing should commence prior to the players next scheduled match, the next Match in which the player or official is scheduled to participate. The Judiciary may grant an adjournment of the hearing where the player or official demonstrates that an adjournment is essential in order to be given a fair opportunity to prepare a defence. The hearing of a report by the President (DDCA) pursuant to Section 3, 3.3 b) will be held as soon as practicable after the report has been lodged, having regard always to the requirements to accord procedural fairness to the player or official concerned. 4.3. Attendance Subject to the immediately succeeding clause 4.4.c), the person against whom a report is made and the person(s) who has made the report will be required to attend a hearing before the Judiciary at a time and place notified to them. If, within 15 minutes of the notified time for commencement of the hearing: a) the person making the report is not present, the Judiciary may dismiss the report or adjourn the hearing to a date and time fixed by it; or b) the person against whom the report has been made is not present, the Judiciary may hear the report in the absence of that person; or c) both persons are not present, the Judiciary may dismiss the report or adjourn the hearing to a date and time fixed by it.
4.4. Methodology The Judiciary/ Appeal Judiciary: a) will conduct the hearing: (i) subject to paragraph f) of this clause, in private unless all parties to the report and the Judiciary agree otherwise; and (ii) in other respects as the Judiciary determines; b) will conduct the hearing: (i) in an inquisitorial manner and not in an adversarial manner. Meaning the Judiciary alone shall test the credit of all witnesses and opposing parties shall not be permitted to cross-examine witnesses. This function will be done so by the Judiciary or the Appeals Judiciary. All parties will be reminded of this fact prior to any hearing (ii) with as little formality and technicality; and (iii) as quickly, as proper consideration of the report or complaint permits; c) may conduct the hearing by telephone or other conference facility; d) may appoint a representative or other person to assist it; e) may allow the person alleged to have breached the Code to be assisted by a representative or other person; and f) may NOT allow a member of the media to attend. 4.5. Behaviour at Hearings All people attending a hearing before the Judiciary (Appeals Judiciary) must: a) behave with due decorum; and b) comply with the directions of the Judiciary as to the manner in which the hearing will be conducted. Any person who fails to comply may be ejected from the hearing room and sanctioned under this Code. 4.6. Notification of Decision The Judiciary will give: a) the person reported; b) the person making the report; c) the person s club; d) the MVCUA; and e) the DDCA, a written statement of the findings (as they see fit under the circumstances) of the hearing and any penalty imposed.
Section 5: Penalties Dubbo & District Cricket Association Inc. 5.1. Range of penalties In the event the Judiciary decides that any person has breached any of Rules 1 4 (inclusive) of Section 1 of this Code of Conduct, it will apply a penalty within the range of penalties for each level of offence set out in the table below. In doing so should utilise sentencing guidelines set out in Rule 2 of Section 5. It is within the bounds of the Judiciary/Judiciary Coordinator to find that a player has also violated the Code (amongst offences 1-4) by actions or conduct contained within items 5-9 of offences. E.g. Spirit of the game or unbecoming behaviour. It will be at the discretion of the Judiciary/Judiciary Coordinator to determine what level that conduct is best dealt under the levels of penalties below. Remember all offences found should be sentenced currently. Level of Offence Level 1 Level 2 Level 3 Level 4 Official reprimand Early Guilty Plea A ban of 1 multi-day Match or 1-2 one-day Matches N/A N/A After Judiciary Decision A ban of 1 multi-day Match or 1-2 one-day Matches A ban of between 1 and 2 multi-day Matches and/or between 2-4 one-day Matches Ban of between 2 and 4 multi-day Matches and/or between 4 and 8 one-day Matches Ban of between 5 multi-day Matches and/or 10 one-day Matches and a life ban. The following rules of interpretation apply to any penalty imposed under this Rule: a) A multi-day Match means a Match of more than one days scheduled duration and a one-day Match means a Match of one days scheduled duration. A 20/20 match shall not be subject to a penalty however a player cannot participate in any match within the auspices of the DDCA (see definition of match at the start of this Code) until the penalty imposed has been served. b) The Judiciary must specify the type of Match or Matches in which the ban is to be served. The Judiciary may specify a different ban (within the applicable range) for each type of Match in respect of which the ban is to apply. For example, a player found guilty of a Level 3 offence may be banned for 4 two day matches and 8 one day matches. c) To avoid any confusion, and subject to 5.1 above, a person serving a penalty is not permitted to be selected in a representative DDCA team. However eligibility to play in sides with honours above shall be considered by that organisation, e.g. Western Zone, NSW Country Cricket. 5.2. Sentencing principles and repeated conduct accumulation of the penalty When imposing any penalty under 5.1 above, the following principles will apply: a) the Judiciary may take into account any circumstance it considers relevant; and b) if a player or official repeats an offence (or a previous offence prior to the Code being introduce) within a particular Level (excluding Level 4), the Judiciary will impose a penalty in line with the next highest Level. For example, if a player is found to have committed a Level 2.3 offence and later is found to have committed a Level 2.6 offence, the player will be penalised as if he or she had committed a Level 3 offence. c) Penalties applied by the DDJCA against any player, official or member will be recognised, considered and enforced by the DDCA in all DDCA competitions. This also applies to 5.2b) above. The end date of any suspension applied by the DDJCA shall also be recognised by the DDCA, and no DDCA match shall influence the length of sentence a player may receive from the DDJCA.
5.3. Other factors to consider when sentencing Without limiting 5.1 of this Section, when imposing any penalty upon a person who has breached this Code, the Judiciary may take into account any circumstance it considers relevant, including the following: a) the seriousness of the breach; b) the harm caused by the breach to the interests of cricket; c) the person s seniority and standing in the game; d) remorse shown by the person and the prospect of further breaches; e) the prior record of the person in abiding by this Code (see register), the prior conduct in the DDCA, the DDJCA and other associations. 5.4. Multiple offences If the Judiciary finds a person reported for separate incidents within a match to be guilty of more than one offence, it should impose separate penalties in respect of each offence. Penalties in such cases shall be given concurrently. However with multiple offences the principles of 5.3 (above) will apply. E.g. player found guilty for a Level 2 offence, the player on the first offence will be sentence to Level 2 penalty, the second Level 2 offence shall be a penalty as if the offence was a Level 3 offence. A player therefore could receive a penalty up to 4 weeks or more if it is appropriate. 5.5. Option to downgrade offence It is open to the Judiciary to find a person guilty of an offence in a level lower than that in which he or she is charged where the constituent elements of the lesser offence are the same. For example, if a player is charged with serious dissent under Rule 2.1 of Section 1, it is open to the Judiciary to find the player guilty of dissent under Rule 1.2 of Section 1 rather than serious dissent. 5.6. Early guilty plea Plea bargaining is not permitted. However, the Judiciary Coordinator will provide a sentence indication or penalty range, prior to a plea of guilty, for Umpire reports of a Level 1 or 2 status. It should be stressed that the Judiciary is not bound by the Judiciary Coordinator s sentence indication where a cited person chooses to plead not guilty to the charge (particularly note 5.1 above).
Section 6: Appeals 6.1. Right to Appeal Any person found to be in breach of the Code, or the President of the DDCA on his/her own motion and supported by majority vote of DDCA in committee, may appeal against the decision of the Judiciary, including but not limited to in relation to the penalty imposed. 6.2. Withdrawing an Appeal An appeal may be withdrawn at any time, except that once the hearing of the appeal has commenced the appeal may be withdrawn only with the Judiciary s approval. 6.3. Time for Lodging Appeal The appeal must be lodged with the Judiciary in writing in a form approved by the Judiciary within 48 hours of the Judiciary Coordinator sending an email to the subject s club secretary notifying them of the decision. Any penalties imposed by the Judiciary will have full force and effect pending the outcome of any such appeal. 6.4. Notification of Appeal The Judiciary must notify the other parties of the appeal and its details as soon as practicable after the Judiciary receives the notice of appeal. 6.5. Time for Appeal Hearing The appeal will be heard promptly after the other parties to the appeal have been notified pursuant to 6.4 above and will be commenced no later than 72 hours after the time the appeal has been lodged. 6.6. Re-hearing a) The Appeals Hearing will be a new hearing (i.e. a hearing de novo) and the Appeals Judiciary will not be limited in any way by the previous substantive hearing. The Appeals Judiciary upon deciding the appropriate penalty can increase or decrease any penalty imposed. It is not however permitted to increase any code violation. It may find a violation pending the evidence on appeal in the same category. For example a cited player may have been found guilty originally for a 4.2 offence the Appeals judiciary may find a player guilty of a 4.3 offence or less. b) IMPORTANT: (i) There shall be no appeal of severity of sentence where a sentence imposed by the Judiciary is within the parameters set out within the Section 5, 5.1; and (ii) There shall be no appeal where matters have been dismissed at the substantive hearing except where they are intrinsically linked to offences heard on appeal. This will however be rare. 6.7. Applicability of Sections 4 and 5 As far as appropriate, the provisions of Section 4 and Section 5 of this Code will apply to any appeal heard by the Appeal Judiciary. 6.8. Finality Any decision made by the Appeal Judiciary so far as sentence imposed shall be binding. Any appeal on the facts (full contested hearing) shall be subject to the appeal processes of the Macquarie Valley Cricket Association, the Western Zone and Country Cricket and so on. However, in the event of any such appeal the DDCA will be guided by the direction of the Macquarie Valley Executive and will unless otherwise directed will enforce the penalty imposed. Section 7: Internal Club Discipline This Code does not prevent individual Clubs from establishing their own internal rules for behaviour and for imposing penalties for breach of those rules. Such rules are in addition to the provisions of this Code and will not restrict in any way the right to take action under this Code. Appendix 1 - Overleaf
REPORT RE: BEHAVIOUR/CONDUCT Please refer to the DDCA Code of Conduct Section 3: Reports for assistance and DDCA website for example report Date: Field: Competition: Round: Teams: V Name of Player & Club: Was team Captain advised: Yes / No Date: Was player advised: Yes / No Date: Was any Club Official advised? Yes / No Who / Date: Indicate Code Breach/Violation/Offence (Refer to DDCA Code of Conduct Section 1) (State which part(s) of Code allegedly violated, e.g. 1.2 and or 2.1, and short explanation) Provide concise explanation of happenings leading to this report Provide as much detail as is necessary to report the facts. Avoid hearsay and include names of any other persons who may be able to provide extra information NOT included in this report. Name: Sign: Date: Please email report to ddcasecretary@gmail.com by 12noon on the first working day following the reported incident. Report only needs to be signed if physically handed to the Secretary (note timeframes).