Common problems are being seen in appeals recently handed by Australian Sailing showing a pattern that can be easily reversed.

Many of the recent appeals submitted to Australian Sailing show a pattern of problems in how the original hearing was conducted. Perhaps fortunately, these are simple problems that only require going back to basics to turn around and provide for better decisions by protest committees.

The first thing to do is make sure the hearing is handled properly under the RRS. For a large part responsibility lays with the protestor to get it right under RRS 61 Protest Requirements and RRS 62 Redress. But check these.

The protest committee really kicks in at RRS 63 Hearings. Make sure that the basics around giving competitors’ time to prepare, their right to be present, and your conflict of interest are all properly handled. Steer the protest though the validity and record this step, no matter the outcome, accurately.

But it is finding facts where we notice most protests fall short. RRS 63.6 speaks to this, but the rule itself doesn’t really do the point justice. The facts found in any decision are the most important aspect of a hearing’s outcome and likelihood of appeal. Get the facts right. Make sure they are accurate, thorough and properly articulated. Then the conclusion and decision become obvious, and the decision won’t need to be appealed.

Procedures are also important, and this is something we also often see appeals subject to. Appendix M in the RRS provides an excellent advisory guide to how to handle a hearing. If a protest committee chairperson leads the process in line with what is recommended here, there is little need for any sailor to appeal the decision on procedural grounds. We strongly recommend you read this once, twice, thrice, or even keep a dot point check list with you when chairing a hearing.

Keep in mind too that as a protest committee you still have options to take time and make sure the hearing’s decision is a good as it can be. You are entitled to reopen a hearing if you think you’ve made an error, or if there is new evidence. This can be done on your own volition or at the request of a party. Refer to rule 66 for this provision. A protest committee may also approach Australian Sailing to request confirmation or correction of its decision. This is provided for under rule 70.2 and Appendix R 2.3. 

To help break the pattern of problems, follow these three basic pieces of advice. Apply the RRS properly, get the facts fleshed out and written up accurately, and follow the advised procedures in Appendix M. Whilst sailors might not like it if your decision didn’t go their way, they will respect that it has been properly arrived at.