[blml] When should an AC award a PP? [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

David Grabiner asserted:

>Appeals committees often award procedural penalties, and
>they do have the right to do so (they have all the powers
>of the Director except for the power to overrule the
>Director on a matter of law), but there aren't good
>guidelines.

[big snip]

Richard Hills quibbles:

While the WBF Code of Practice has not been adopted by the
ACBL, so technically does not count as ACBL guidelines,
many of the Directors in the rest of the world have found
the WBF CoP to be good guidelines.

WBF Code of Practice, page 5:

"The committee may recommend likewise to the Director a
review of any disciplinary penalty he may have applied
under Law 91A but may not rescind or vary it (powers that
it does have in relation to Law 90 penalties). An appeal
committee does have the power to apply a disciplinary
penalty if the director has not done so and there is found
to have been a breach of the laws governing conduct that
the Director has not penalized. The WBF recommends the
greatest restraint in exercising this power when the
Director has not done so and points to the possible
alternative of admonishment if a majority of the committee
is strongly of the opinion that some action is justified."

WBF Code of Practice, page 6:

"The expectation is that each appeal committee will
presume initially that the Director's ruling is correct.
The ruling is overturned only on the basis of evidence
presented."

WBF Code of Practice, page 9:

"A procedural penalty may only be applied where there is a
violation of the laws or of a regulation made under the
laws. If an appeal committee awards a procedural penalty
it should specify what law or regulation has been
violated.

"In particular the WBF wishes to stress that a player who
forgets his convention, misbids or misuses it, is not
subject to automatic penalty. It is envisaged that a
procedural penalty will only be applied in aggravated
circumstances, as for example misuse several times
repeated. Score adjustment is the way to redress damage."


Best wishes

Richard James Hills, amicus curiae
Level 6 Aqua Training Suite, DIAC
02 6225 6776

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