STATUS
Must be getting close...
SUMMARY
To update some 'holes' found in these two
regulations (and regulation 22 and 23 also.)
BACKGROUND
The Management Committee of QSDCA accepted the
recommendations of the Committee of Inquiry into the C3 Final Report. Those
recommendations included conducting a review of Regulation 21 Penalty to
Players/Officials/Clubs and Regulation 24 Penalty Clause.
FOURTH PROPOSAL
Here it
is... Undo some numbering changes.
Existing Regulations
|
Fourth Proposed Wordings
|
21. PENALTY TO
PLAYERS/ OFFICIALS/ CLUBS
|
21. POWERS OF THE QUEENSLAND CRICKET CONDUCTS COMMITTEE
|
|
21.1 The
Queensland Cricket Conducts Committee is defined in Appendix A 'Behaviour'
elsewhere in these regulations.
|
21.1 Should any
player or official or club commit any breach of these Regulations or of the
Code of Behaviour or of the Codes, the Conducts Committee may fine, suspend
from further play or otherwise deal with the player or official or club at
its discretion.
|
21.2 Should any player or official or club commit any
breach of these Regulations or of the Code of Behaviour or of the Codes in Appendixes B to K, the Queensland Cricket Conducts Committee may fine,
suspend from further play or otherwise deal with the player or official or
club at its discretion.
|
21.2 This may
include suspended sentences which are subject to conditions imposed at the
time of sentence.
|
21.3 This may include suspended sentences which are
subject to conditions imposed at the time of sentence.
|
22. SCOPE OF PENALTIES
|
22. SCOPE OF PENALTIES
|
22.1 Penalties
imposed by a Conducts Committee, an Appeals Committee or an Appeals Tribunal
are deemed to pertain to all cricket matches and competitions conducted or
participated in by Queensland Cricket and any of its affiliates for the
duration of the penalty.
|
22.1 Penalties imposed by a Conducts
Committee, an Appeals Committee or an Appeals Tribunal are deemed to pertain
to all cricket matches and competitions conducted or participated in by
Queensland Cricket and any of its affiliates for the duration of the penalty.
|
22.2 Players
suspended for breaches of Cricket Australia or ICC codes are also deemed to
be suspended from all matches and competitions conducted under the
jurisdiction of or participated in by Queensland Cricket and any of its
affiliates for the duration of the penalty.
|
22.2 Players
suspended for breaches of Cricket Australia or ICC codes are also deemed to
be suspended from all matches and competitions conducted under the
jurisdiction of or participated in by Queensland Cricket and any of its
affiliates for the duration of the penalty.
|
|
|
|
|
23. DISPUTES REFERRED
|
23. DISPUTES REFERRED
|
23.1 Any protest
from a club, or any matter of dispute between clubs, will be adjudicated upon
by the Conducts Committee after all clubs concerned have been notified of
such protest or dispute and have had the opportunity of making written
representations thereon, provided that no such protest or dispute will be
considered by the Conducts Committee unless lodged with the Secretary of the
Association within seven (7) days after the matter in question arose,
provided that in all cases in dispute any player or club may appeal to the
Appeals Tribunal within fourteen (14) days of the date of the Conducts
Committee decision, and its decision thereof will be final.
|
23.1 Any protest from a club, or any matter of
dispute between clubs, will be adjudicated upon by the Management Committee after all clubs concerned have
been notified of such protest or dispute and have had the opportunity of
making written representations thereon, provided that no such protest or
dispute will be considered by the Management
Committee unless lodged with the Secretary of the Association within
seven (7) days after the matter in question arose, provided that in all cases
in dispute any player or club may appeal to the Appeals Tribunal within fourteen
(14) days of the date of the Management Committee
decision, and its decision thereof will be final.
|
23.2 In relation
to all appeals to the Appeals Tribunal from any decision of the Conducts
Committee under this Regulation, the process identified under the Appeals
Regulation will apply.
|
23.2 In relation to all appeals to the Queensland Cricket Appeals Tribunal from any
decision of the Management Committee under
this Regulation, the process identified under the Appeals Regulation will
apply.
|
24. PENALTY CLAUSE
|
24. POWERS OF THE
MANAGEMENT COMMITTEE
|
|
24.1
The Management Committee is defined in sections 11 to 15 of the Association
Rules Incorporating Amendments To 16th July 2007 (also known as The
Constitution).
|
|
This clause 24.1 might not be necessary.
|
24.1 In the event
of a breach of the Regulations governing Association Competition matches
and/or in respect of any action, conduct, behaviour or decision taken, made
or implemented by any club, player, official or other representatives of the
club by, through or in connection with any competition match which in the
opinion of the Secretary of the Association constitutes conduct or action
detrimental to the match or the spirit of the game the Management Committee
may impose on a club such a penalty as it considers appropriate in the
circumstances in accordance with the Association’s regulations.
|
24.2 In the event of a breach of the Regulations governing
Association Competition matches and/or in respect of any action, conduct,
behaviour or decision taken, made or implemented by any club, player,
official or other representatives of the club by, through or in connection
with any competition match which in the opinion of the Secretary of the
Association constitutes conduct or action detrimental to the match or the
spirit of the game the Management Committee may impose on a club such a
penalty as it considers appropriate in the circumstances in accordance with
the Association’s regulations.
|
24.2 Without
limiting the generality of 24.1, the penalty may include any of, or any
combination of, the following:
24.2.1 Forfeiture of the match points
and/or incentive points gained by the club in the particular competition
match or matches
24.2.2 In the event of a play off or final,
forfeiture of the match.
24.2.3 A monetary penalty.
|
24.3 Without limiting the generality of 24.2, the penalty may include any of, or any
combination of, the following:
24.3.1
Forfeiture of the match points and/or incentive points gained by the club in
the particular competition match or matches
24.3.2 In
the event of a play off or final, forfeiture of the match.
24.3.3 A
monetary penalty.
|
--------------------------------------------------------------------------------------------------------------------------------------
Here's a diagram.... Breach of Regulation Process Map
--------------------------------------------------------------------------------------------------------------------------------------
DISCUSSION
In
conversation with James Stedman on 17-Jul-2017 he made comment that the
structure of conducts committees, appeals committees, management committees and
their powers and relationship are not made clear by the regulations as a whole.
This is
probably due to the patchwork nature of the regulation derivations.
Luckily we
have a resource in the Premier Cricket Regulations. This competition is
affiliated, supported, organised and the rules are available in handbook form
on Qld Cricket’s website. See https://tinyurl.com/yae8oa5o
Note: Premier
Cricket is what used to be called Grade Cricket, so the Premier Cricket Committee
is the same as what was once called the Grade Committee.
I examined the Premier Cricket Handbook and the other associated QSDCA
Regulations and noticed the following things.
- QSDCA Reg 20 establishes an (optional) Internal
QSDCA Conducts Commission. There's no equivalent clause in the Premier Cricket Regulations.
- QSDCA Reg 21 briefly summarises the powers the
"Conducts Committee" BUT *might* be duplicated or maybe enlarged
in detail by “Appendix A Behaviour”
Note these headings (each has plenty of detail and definition under
it)
|
Appendix A. BEHAVIOUR..
|
2. CONDUCTS COMMISSIONERS..
|
3. CONDUCTS COMMITTEE..
|
4. METHOD OF HANDLING BREACHES OF THE CODE OF BEHAVIOUR..
|
QUEENSLAND CRICKET APPEALS TRIBUNAL
|
Also there is QSDCA Playing Reg 18.1 which makes
certain that Appendix A is part of the Subbies Regulations.
"18.1 The Policies Appendix “Behaviour” as approved by the Board
of Directors of Queensland Cricket and as set out in Appendix A forms part of
the Playing Regulations of this Association."
|
No equivalent clauses in Premier Cricket Handbook.
- QSDCA Reg 22 ensures the penalties imposed apply to all QC, CA, ICC affiliated cricket. No equivalent clause in Premier Cricket Handbook.
From the Premier Cricket Handbook 2016-17:
19. Disputes Referred
[A] Any protest from a Club, or any matter of dispute between Clubs, shall be adjudicated upon by the Premier Cricket Committee after all Clubs concerned have been notified of such protest or dispute and have had the opportunity of making written representations thereon, provided that no such protest or dispute shall be considered by the Premier Cricket Committee unless lodged with the Premier Cricket Officer of Queensland Cricket within seven [7] days after the matter in question arose, provided that in all cases in dispute any player or Club may appeal to the Queensland Cricket Appeals Tribunal within fourteen [14] days of the date of the Premier Cricket Committee decision and its decision thereof shall be final.
[B] In relation to all appeals to the Queensland Cricket Appeals Tribunal from any decision of the Premier Cricket Committee under this regulation, the process identified under the Appeals Regulation shall apply.
This is *very* similar to QSDCA Regulation 23
except in one *very* important way.
For Premier Cricket the appeals adjudication body
is the Premier Cricket Committee. But for Subbies Cricket it’s the
Conducts Committee.
This Premier Cricket regulation enables an appeal
process for decisions of the Premier Cricket Committee (such as those generated
by Premier Cricket Reg 20.)
QSDCA Regulations seem wrong, I believe.
So this could be used to replace the previously proposed
QSDCA Reg 24.3.
From the Premier Cricket Handbook 2016-17:
20. Premier Cricket Committee Powers
[A] In the event of a breach of the regulations governing Premier Cricket Competition matches and/or in respect of any action, conduct, behaviour or decision taken, made or implemented by any Club, player, official or other representatives of the Club by, through or in connection with any Premier Cricket Competition match which in the opinion of the Premier Cricket Committee, constitutes conduct or action detrimental to the game or the spirit of the game, the Premier Cricket Committee may impose on a Club such a penalty as the Premier Cricket Committee considers appropriate in the circumstances.
[B] Without limiting the generality of paragraph [A] above, the penalty may include any of, or any combination of, the following:
(i) Forfeiture of the Match, Bonus and/or Incentive Points gained by the Club in the particular competition match or matches;
(ii) In the event of a Semi Final or Final, forfeiture of the match;
(iii) A monetary penalty
This is almost the same as QSDCA Regulation
24.
Title is different and reveals the intention of the
regulation.
--------------------------------------------------------------------------------------------------------------------------------------
From the text
of earlier versions...
DISCUSSION (CONT.)
This is an
extremely difficult set of problems to address.
On the one hand the Committee of Inquiry has produced a detailed report about a
recent case with some recommendations and suggestions but very little
explanation or exposition about the reasons for their recommendations.
On the other hand the subject of this review is one that requires a lot of
time, thought and engagement to even start (all of which are not exactly in
enthusiastic overabundance at the best of times) and very careful consideration
to progress.
These few rules are dark and mysterious. Many people who have been around
Subbies cricket for a while seem to be neither familiar with them nor pay them
much attention. One time an experienced office bearer of the association said
to me that these rules are finely balanced and carefully tuned and changing
them risks instability.
Note that during the "plain English" review of 2016 these regulations
were not examined closely. This was probably because they’re in a “too hard
basket”. The Plain English Review are simply verbatim transcripts of the previous regulations with
fresh numbering. The titles too are relics of the old regulations.
The events of the most recent C3 Final mean that such complacency is no longer tolerable.
--------------------------------------------------------------------------------------------------------------------------------------
From the
report the Committee of Inquiry which had this to say about Regulation 24.
89. Rule 24 provides for three
possible outcomes if the playing regulations are contravened:
a. forfeiture of the match points and/or incentive points gained by the club in
the particular competition match or matches;
b. in the event of a play off or final, forfeiture of the match; and/or
c. no penalty.
And this
about Rules 21-23 and 24
5. Rule 21 to 23 provides for
committees and processes for breaches of the playing regulations by players,
officials and clubs.
6. Rule 24 of the playing regulations is only one rule that applies exclusively
to clubs that contravene the playing regulations.
7. The management committee enforces rule 24. There is no process written into
rule 24 for teams to be heard in respect of a decision by the management
committee under rule 24. There is no rule within the playing regulations that
provides for a right of appeal from a decision of the management committee
under rule 24.
8. There appears to be a tension between rule 21 and 24 as to whether the
management committee or the Conducts Committee should consider an alleged
breach of the playing regulations by a club at first instance.
9. In the committee's view, rule 24 is the more specific rule as it provides
for the scenario of what penalty should apply in the event that a breach occurs
in a final.
Rule 24 includes a broader range of penalties, including forfeiture of a match.
10. In our view, rule 21 ought to yield to the more specific rule, and the
penalty for club that breaches the playing regulations in a final is a matter
for the management committee to determine under rule 24.
--------------------------------------------------------------------------------------------------------------------------------------
Here is each
one the current regulations as they presently appear.
--------------------------------------------------------------------------------------------------------------------------------------
21. PENALTY TO PLAYERS/ OFFICIALS/ CLUBS
21.1 Should any player or official or club commit any breach of these
Regulations or of the Code of Behaviour or of the Codes, the Conducts Committee
may fine, suspend from further play or otherwise deal with the player or
official or club at its discretion.
21.2 This may include suspended sentences which are subject to conditions
imposed at the time of sentence.
(In previous years this was Regulation 24. Apart from the numbering this
regulation was unchanged in 2016.)
In my view this means to enable the conducts committee to impose penalties on
players, officials, clubs for breaching the playing regs, or the Codes of
Behaviour (including Drinking, racial vilification etc) or (more mysteriously) “the”
Codes.
Penalties may include a fine, suspension, or “dealing otherwise at its
discretion”. (Imagination time, kiddies!!!)
The “Conducts Committee” probably means either the Internal QSDCA Conducts Commission
(defined in Regulation 20) or the Qld Cricket Conducts Commission as defined in
Appendix A ‘Behaviour’.
What the
Committee of Inquiry is trying to get at (if I fully understand it) (article 8,
9 and 10) is that regulation 21 should be made clear that this regulation
applies only to the proceedings of formally convened conducts committee hearings,
appeals tribunals and associated outcomes.
This probably implies that this applies to any alleged breach of regulations
that is reported formally in writing and proceeds along a formal path with
charges, representation, hearing, judgement, verdict, sentencing, appeal etc
etc
It should be
noted that Conducts Committees are known to have proceeded *without* formal
report. So it’s not a necessary condition.
To add a formal reporting requirement to the regulation might be
counterproductive since it may introduce a technical loophole in a case where
the formal report is not carefully prepared leading to an aborted case. That is
not a good outcome. So let's not do that.
It is also difficult to add a formal reporting requirement since such reporting
might be made in various forms, which might then need to be defined.
Also in cases where the formal report is challenged, the conducts committee’s
scope to hear certain matters may be curtailed.
The scope
and the rules and procedure of the QC Conducts Committee is carefully laid out
in the Appendix A ‘Behaviour’ section. In turn this is enabled as actual
Playing Regulations by regulation 18.1. Also there is no equivalent Playing
Regulation in the Premier Cricket Regulations.
I’m not yet
certain but this whole regulation might be unnecessary or at minimum might be
pared back to a barest pointer to Appendix A ‘ Behaviour’.
--------------------------------------------------------------------------------------------------------------------------------------
22. SCOPE OF PENALTIES
22.1 Penalties imposed by a Conducts Committee, an Appeals Committee or an
Appeals Tribunal are deemed to pertain to all cricket matches and competitions
conducted or participated in by Queensland Cricket and any of its affiliates
for the duration of the penalty.
22.2 Players suspended for breaches of Cricket Australia or ICC codes are also
deemed to be suspended from all matches and competitions conducted under the
jurisdiction of or participated in by Queensland Cricket and any of its
affiliates for the duration of the penalty.
(In previous years this was Regulation 25. Apart from the numbering this
regulation was unchanged in 2016.)
Regulation 22 says that Conducts Committee sentences apply throughout any
cricket affiliated competitions and vice versa.
So anyone suspended from Subbies cricket is also banned in Tasmanian Bush
League and if someone is "pinged" through Warehouse Cricket, their
sentence still applies when it comes to Subbies.
This can be
incorporated into Regulation 21. Reg 22
will become blank.
--------------------------------------------------------------------------------------------------------------------------------------
23. DISPUTES REFERRED
23.1 Any protest from a club, or any matter of dispute between clubs, will be
adjudicated upon by the Conducts Committee after all clubs concerned have been
notified of such protest or dispute and have had the opportunity of making
written representations thereon, provided that no such protest or dispute will
be considered by the Conducts Committee unless lodged with the Secretary of the
Association within seven (7) days after the matter in question arose, provided
that in all cases in dispute any player or club may appeal to the Appeals
Tribunal within fourteen (14) days of the date of the Conducts Committee
decision, and its decision thereof will be final.
23.2 In relation to all appeals to the Appeals Tribunal from any decision of
the Conducts Committee under this Regulation, the process identified under the
Appeals Regulation will apply.
(In previous years this was Regulation 26. Apart from the numbering this
regulation was unchanged in 2016.)
Regulation 23 is especially long and confusing (23.1 is 110 words long!) but
seems to establish a means to allow an Appeals process for Conducts Committee
and Appeals Tribunal matters *only*. This may be in addition to the provisions
of Regulations 20.11 through 20.13.
As discussed
elsewhere QSDCA Regulation 23 is at odds with the almost similar Premier Cricket
regulation 19 except that it names the Adjudicating Body as the ‘Conducts
Committee” rather than a governing body such as the Management Committee.
Since changing the adjudicating body enables an appeal process to Regulation 24
I recommend incorporating these clauses into Regulation 24. Reg 23 will become
blank.
--------------------------------------------------------------------------------------------------------------------------------------
24. PENALTY CLAUSE
24.1 In the event of a breach of the Regulations governing Association
Competition matches and/or in respect of any action, conduct, behaviour or
decision taken, made or implemented by any club, player, official or other
representatives of the club by, through or in connection with any competition
match which in the opinion of the Secretary of the Association constitutes
conduct or action detrimental to the match or the spirit of the game the
Management Committee may impose on a club such a penalty as it considers
appropriate in the circumstances in accordance with the Association’s regulations.
24.2 Without limiting the generality of 24.1, the penalty may include any of,
or any combination of, the following:
24.2.1 Forfeiture of the match points and/or incentive points gained by the
club in the particular competition match or matches
24.2.2 In the event of a play off or final, forfeiture of the match.
24.2.3 A monetary penalty.
(In previous years this was Regulation 27. Apart from the numbering this
regulation was unchanged in 2016.)
In my view this rule means: if anyone (club, player, official, representative
or associated hanger-on) does or says something that the Association Secretary
thinks is bad, then ManCom has the right to impose a penalty.
Penalties could be one or several of these: match points, forfeiture of a play-off
match, money. But it isn’t limited to that.
This is a general “we gunna go ya if you dis us” clause. It is actually very
powerful.
Is it useful to the wise but perhaps dangerous in the hands of the unwise?
It is instructive to consider how this regulation applies to a case of bad
comments on an association Facebook page. I think it does apply and gives
ManCom the power to take action that it sees fit. It means ManCom need not
stand by helplessly.
The powers might give wide scope but they are ready to deal with unexpected
(new?) types of problems. This is needed because some problems are reputational
rather than anything to do with something that looks like a rule of cricket.
Committee of Inquiry suggests (article 7) that an appeal clause should be
considered for addition to regulation 24 or even a representation process? This
might mean some clause that allows the accused party to present their case or
at least plead an excuse.
In my view the question of time is important. This year a large part of 4
consecutive ManCom meetings was spent arguing over the 2017 C3 Final matter. We
need quick and decisive process as much as a just and fair one.
So
incorporate a revised Regulation 23 as extra clauses for Regulation 24 and we
are done.
--------------------------------------------------------------------------------------------------------------------------------------
IN CONCLUSION
In the words of Sir Humphrey Appleby, it's always best to get the difficult bit out of
the way in the title.... These are steps forward but not leaps.
The new
version makes clear the rules and the operation of the three distinct processes
for dealing with complaints.
The main issue left un-addressed is how to decide which of the three processes should/could/would
be selected and for what reasons in differing cases.
Here’s some ways:
A. Make the decision one for a suitable person holding
a responsible position.
Write a scoping regulation that says something
like:
- "Here are 3 methods of resolving breaches of these playing regulations.
- While it is anticipated that:
- -
match behaviour issues will go to either type of
Conducts Committee under Reg 20 or Reg 21/Appendix A and
- -
other match management issues will be dealt with by
ManCom under Reg.24
- there may be circumstances where another choice is appropriate. "
Such
decisions are for the Secretary/President of the Association/Conducts Committee
Commissioner/Appeal Committee Chair/anyone else(?) to decide. Fine if they are
available and they agree with each other but nightmarish if that person is
unavailable (illness, overseas, resigned etc) or they disagree with
pursuing the matter for some reason when they should not.
B. Appoint a (independent) “Player Advocate” (who gets
to decide.)
C. Use the Code of Behaviour Guideline Offences to decide.
D. Maybe add a proviso that once one process has begun
there is nothing in the regs to prevent changing to another process.
----------------------------------------------------------------------------------------------------------------------------------------
ABM (Minor update 28-Jul-2017)
(Another update 21-Jul-2017)
(Earlier updates 20-Jul-2017,15-Jul-2017)
(Original 29-Jun-2017)
--------------------------------------------------------------------------------------------------------------------------------------
Please enter comments below or send an email to maurice19cricket@gmail.com
Comments subject to moderation.
--------------------------------------------------------------------------------------------------------------------------------------
