[blml] Alerting Rules [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Richard Hills:

>>Firstly, it was not the editor of the Orange Book who over-ruled the
>>Appeals Committee decision on his own initiative.  Rather, the EBU Laws
>>and Ethics Committee used its Law 93C power as a National Authority to
>>over-rule the Appeals Committee decision.  The final sentence of the
>>EBU L&EC commentary in the casebook was this unambiguous statement:
>>
>>"The degree of unexpectedness of the actual methods in use in this case
>>was not sufficient to require an alert."

Stefanie Rohan:

>I was wondering about this.  I would be very surprised if the L&EC heard
>an appeal and made a decision without informing one of the pairs
>involved.  But perhaps it did happen.

Richard Hills:

A National Authority can subtly exercise its Law 93C power.  It may
decide to over-rule a flawed precedent set by an Appeals Committee, but
at the same time decide to not over-rule the result set by the Appeals
Committee, on the grounds that any change to the result is out of time.

Law 92B (Time of Appeal):

"The right to request or appeal a Director's ruling expires 30 minutes
after the official score has been made available for inspection, unless
the sponsoring organisation has specified a different time period."

Richard Hills:

I note that the preparation of an EBU Appeals Casebook takes slightly
longer than 30 minutes.

:-)


Best wishes

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

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