Regulation 21 + Regulation 24

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.

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Here's a diagram.... Breach of Regulation Process Map 

Here's a download link to this neater, newer version  https://tinyurl.com/ya5yn7tk

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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.

• QSDCA Reg 23

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.

• QSDCA Reg 24 

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.

 

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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.

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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.

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Here is each one the current regulations as they presently appear.

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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’.

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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.

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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.

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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.

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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.

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ABM (Minor update 28-Jul-2017)
(Another update 21-Jul-2017) 

 (Earlier updates 20-Jul-2017,15-Jul-2017) 

(Original 29-Jun-2017)

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