Anti-match-fixing policy template

5. Investigations

Page last updated: 01 August 2016

This section should be amended to suit the individual sports requirements and should include an outline of:
  1. the process to undertake an investigation when the Sport suspects or is aware of a breach including an outline of the process to establish a Hearing Panel and nomination of panel members
  2. arrangements for protecting confidentiality during the investigation and disciplinary process, and
  3. the process for referring alleged breaches to law enforcement agencies for criminal investigations.

5.1 Allegations of Prohibited Conduct

  1. If the Board or Chief Executive Officer receives a report or information that a Relevant Person has allegedly breached this Policy including by engaging in actual or suspected Prohibited Conduct, the Board must, as soon as reasonably practicable refer that report or information and any documentary or other evidence that is available to it in relation to the alleged Prohibited Conduct by the Alleged Offender to the Hearing Panel.
  2. If the Board or Chief Executive Officer has referred to the Hearing Panel a report or information that an Alleged Offender has allegedly breached this Policy including by engaging in actual or suspected Prohibited Conduct, the Board may, in its discretion and pending determination by the Hearing Panel suspend the Alleged Offender from any Event or activities sanctioned by the Sport or a Member Organisation.
  3. Nothing in this section 5 prevents the Board or Chief Executive Officer from enforcing any other Rules and Regulations or referring any Prohibited Conduct to a relevant law enforcement agency.

5.2 Confidentiality and reporting

  1. To maintain the confidentiality of the process, no parties will publically announce, comment on or confirm any of its investigative or subsequent hearings or appeals activities. Notwithstanding this provision, however, a general description of a process that may be instigated under this policy is permissible.
  2. The Sport must not disclose any specific facts of an allegation of Prohibited Conduct or breach of this Policy.
  3. The identity of a Relevant Person against whom a finding of Prohibited Conduct is made may only be publicly disclosed after the Hearing Panel has notified the Relevant Person, the Sport and any other interested party of its decision. Such disclosure will be by way of an official release by the Sport.
  4. Where any public announcement may be considered detrimental to the wellbeing of a Relevant Person, the Board will determine the most appropriate course of action in its sole discretion based on the circumstances of the Relevant Person.
  5. All parties must maintain all information received in the course of any report, notice, hearing or appeal (other than a notice of decision by the Hearing Panel or an appeal tribunal) in relation to an allegation of conduct that is Prohibited Conduct as strictly confidential.
  6. Clauses 5.2 a. to e. do not apply if the disclosure is required by law or the Sport determines to refer information to a law enforcement agency.

5.3 Criminal offences

Offences that occur overseas will be subject to the law of the country the competition is occurring in. However the Sport may still apply sanctions under the rules of their sport.
  1. Any alleged Prohibited Conduct by an Alleged Offender which is considered by the Board or Chief Executive Officer as a prima facie unlawful offence will be reported to the police force in the jurisdiction the offence is alleged to have occurred and/or the Australian Federal Police.

5.4 Privilege

  1. Notwithstanding anything else in this Policy, a Relevant Person who is interviewed under suspicion, charged or arrested by a law enforcement agency in respect of a criminal offence that is, or may be considered to be conduct that is Prohibited Conduct under this Policy shall not be required to produce any information, give any evidence or make any statement to the Board if they establish that to do so would breach any privilege against self-incrimination, or legal professional privilege.
  2. Clause 5.4 a. does not limit the Board from enforcing any other Rules and Regulations.
The effect of this clause is that while a Relevant Person subject to a criminal investigation does not need to cooperate with an investigation by the Sport, the Sport is still entitled to complete its investigation and administer any sanction it is entitled to under this Policy.