DUBBO DISTRICT JUNIOR CRICKET ASSOCIATION
CODE OF BEHAVIOUR
[CURRENT AT 1 SEPTEMBER 2014 Final]
PREAMBLE – ADOPTED FROM THE SPIRIT OF CRICKET
Cricket is a game that owes much of its unique appeal to the fact that it should be played not
only within its Laws but also within the Spirit of the Game. Any action which is seen to
abuse this spirit causes injury to the game itself. The major responsibility for ensuring the
spirit of fair play rests with the captains and coaches.
1. There are two Laws which place the responsibility for the team's behaviour firmly
on the Captain/Coach.
Responsibility of Captain/Coaches
The captains and coaches are responsible at all times for ensuring that play is conducted
within the Spirit of the Game as well as within the Laws.
Players or coaches behaviour
In the event of a player or coach failing to comply with instructions by an umpire (Coaches
generally have a dual role as umpires), or criticising by word or action the decisions of an
umpire, or showing dissent, or generally behaving in a manner which might bring the game
into disrepute, the umpire concerned shall in the first place report the matter to the other
umpire and to the player's captain, and instruct the latter to take action.
2. Fair and unfair play
 According to the Laws the umpires are the sole judges of fair and unfair play.
 The umpires may intervene at any time and it is the responsibility of the
Captain/Coaches to take action where required.
3. The umpires are authorised to intervene in cases of:
 Time wasting
 Damaging the pitch
 Dangerous or unfair bowling
 Tampering with the ball
 Any other action that they consider to be unfair
4. The Spirit of the Game involves RESPECT for:
 Your opponents
 Your own captain and team
 The coaches
 The role of the umpires
 The game and its traditional values
5. It is against the Spirit of the Game:
 To dispute an umpire's decision by word, action or gesture
 To direct abusive language towards an opponent or umpire
 To indulge in cheating or any sharp practice, for instance:
a) to appeal knowing that the batsman is not out
b) to advance towards an umpire in an aggressive manner when appealing
c) to seek to distract an opponent either verbally or by harassment with persistent
clapping or unnecessary noise under the guise of enthusiasm and motivation of
one's own side
6. Violence
There is no place for any act of violence on the field of play.
7. Players and coaches
Captains, coaches and umpires together set the tone for the conduct of a cricket match.
Every player and coach is expected to make an important contribution to this.
The players, coaches, umpires and scorers in a game of cricket may be of either gender and
the Laws apply equally to both. The use, throughout the text, of pronouns indicating the
male gender is purely for brevity. Except where specifically stated otherwise, every
provision of the Laws is to be read as applying to women and girls equally as to men and
boys.
Embracing the spirit of the game means participating, either as a player or as an official,
fairly and exhibiting respect for other players and officials and the game’s traditional values
such as graciousness in defeat and humility in victory.
Cricket has a distinct place in Australian society and history. As an element in Australia’s
national identity, cricket plays a significant role. This status brings with it particular
responsibilities for players and officials to conform to high standards of fair play and personal
behaviour on and off the field.
This Code of Behaviour is intended to protect and enshrine such important qualities and
standards so that all may continue to enjoy the game of cricket now and in the future.
This Code of Behaviour is also designed to ensure consistency in the decisions by the
Judiciary and to provide them and clubs within their auspicious guidelines as to the
behaviour required, process and sentencing options guidelines.
The Code of Behaviour is a guideline and policy document and does not strictly legally bind
its users and parties. However, significant departure from this policy must be justified in the
eyes of the DDJCA.
The DDJCA wishes to acknowledge that the attached Code of Behaviour has been adapted
from the Cricket Australia and the ICC Code of Conduct. Those documents have been
amended mostly to localise its concepts.
DEFINITIONS AND INTERPRETATION
1. In this Code:
DDCA
- Dubbo District Cricket Association Inc., members of its Executive and
committee members
President of DDJCA
- The President of the DDJCA or, if unavailable, the succession of the
Executive. For example: First Vice President, Second Vice President,
Honorary Secretary, Treasurer
DDJCA
- Dubbo District Junior Cricket Association, members of its Executive and
committee members
Judiciary
- the Code of Behaviour Judiciary established by Section 2 of this Code.
Chairman of Judiciary - a Code of Behaviour Judiciary Chairman appointed under Section 2 of this
Code.
Match means any cricket match:
a) played as part of a scheduled two day match or one day match within the competition;
b) played as part of a 20/20 match or match similar; or
c) played as part of any match within the auspices of the DDJCA.
Official
means:
a) the manager or a member of the coaching, medical or fitness staff of a Team;
b) any other person acting in an official capacity in relation to a Team;
c) an umpire of a Match; or
d) the referee of a Match.
e) member of the DDJCA executive or committee including members of the technical committee.
Judiciary Coordinator - person appointed by the DDJCA to:
a) Act as the registrar on behalf of the Judiciary for all reports or in default of such appointment, the
President (see also definition of President DDJCA above); and
b) Coordinate with all relevant parties (players, coaches, clubs, umpires and the DDJCA) and initially
apply penalties associated with breach reports (guided by this Code).
Team
means the following cricket teams and includes both male and female teams:
a) any grade side within a Club registered or within the auspices of the DDJCA;
b) any team made of registered players within the auspices of the DDJCA. For example: Saturday
club side, 20/20 side, or charity side representing DDJCA; or
c) any other cricket team selected by or under the auspices of the DDJCA. E.g. Representative
side.
Team official
“official”.
means any of the people identified in paragraphs a) and b) of the definition of
Team Executive
means the manager, coach, captain and vice-captain of cricket team.
2. In the interpretation of this Code:
a) a construction that would promote the purpose or object underlying the Code must be preferred to
a construction that would not promote that purpose or object;
b) consideration may be given to any matter or document that is relevant; and
c) words in the singular include the plural and vice versa and interpreted non-gender specific.
3. This Code applies to behaviour on the field of play (in respect of any Match) and off the field of
play. Subject to
4.
5.
Section 5,
it applies in addition to (and not in substitution of), the NSW and or the Cricket
Australia Code of Conduct or any code they bind.
Section 1:
Rules for behaviour – Offences
Each of the Rules for behaviour has a guideline. The guidelines are intended as an
illustrative guide only and in the case of any doubt as to the interpretation of the Rule, the
provisions of the Rule itself shall take precedence over the provisions of the guidelines. The
guidelines should not be read as an exhaustive list of offences or prohibited behaviour.
It should be explicitly noted that captains and coaches are responsible for, wherever
possible, managing the actions of their players. In particular, note Point 2 in the Preamble.
Where an umpire has given prior warning to a Captain/Coach that words and/or actions of
one (or more) of his player’s is/are unacceptable, the Captain/Coach must take steps to
ensure the player(s) does not continue with inappropriate behaviour. Should the player
subsequently be the subject of a report under this Code due to ongoing inappropriate
behaviour, the Captain/Coach shall also be reported (and subject to this Code) as though he
had personally committed the offence.
1. Level 1 Offences
The Offences set out at 1.1 to 1.6 below are Level 1 Offences. The range of penalties which
shall be imposed for a Level 1 Offence is set out in
Section 5 of this Code.
Players and, where applicable, officials must not:
No.
Rule
1.1
Abuse cricket equipment
or clothing, ground
equipment or fixtures and
fittings
1.2
Show dissent at an
umpire’s decision by
action or verbal abuse
1.3
Use language that is
obscene, offensive or
insulting and/or the
making of an obscene
gesture
1.4
Engage in excessive
appealing
1.5
1.6
Point or gesture towards
the pavilion in an
aggressive manner upon
the dismissal of a
batsman
Breach any regulation
regarding approved
clothing or equipment
Guidelines
• Includes actions outside the course of normal cricket actions
such as hitting or kicking the wickets and actions which
intentionally or negligently result in damage to the advertising
boards, boundary fences, dressing room doors, mirrors,
windows and other fixtures and fittings.
• Includes excessive, obvious disappointment with an umpire’s
decision or with an umpire making the decision and obvious
delay in resuming play or leaving the wicket.
• This Rule does not prohibit the bowler involved in the
decision or a team captain from asking an umpire to provide
an explanation for a decision or a Team official from making a
formal complaint.
• This includes swearing and offensive gestures which are not
directed at another person such as swearing in frustration at
one’s own poor play or fortune.
• This offence is not intended to penalise trivial behaviour.
The extent to which such behaviour is likely to give offence
shall be taken into account when assessing the seriousness of
the breach.
• Excessive shall mean repeated appealing when the
bowler/fielder knows the batsman is not out with the intention
of placing the umpire under pressure. It is not intended to
prevent loud or enthusiastic appealing. However, the practice
of celebrating or assuming a dismissal before the decision has
been given may also come within this Rule.
• Self-explanatory.
• This includes regulations regarding bat logos and regulations
regarding other logos or advertising which may be worn or
displayed.
2. Level 2 Offences
The Offences set out at 0 to 0 below are Level 2 Offences. The range of penalties which
shall be imposed for a Level 2 Offence is set out in
Section 5 of this Code.
No.
2.1
Players and, where applicable, officials must not:
Rule
Show serious dissent at
an umpire’s decision by
action or verbal abuse
Guidelines
• Dissent should be classified as serious where the dissent is
expressed by a specific action such as the shaking of the
head, snatching cap from umpire, pointing at pad or inside
edge, other displays of anger or abusive language directed at
the umpire or excessive delay in resuming play or leaving the
wicket.
• This Rule does not prohibit the bowler involved in the
decision or a team captain from asking an umpire to provide
an explanation for a decision or a Team official from making a
formal complaint.
2.2
2.3
2.4
2.5
2.6
Engage in inappropriate
and deliberate physical
contact with other players
or officials in the course of
play
Charge or advance
towards the umpire in an
aggressive manner when
appealing
Deliberately and
maliciously distract or
obstruct another player or
official on the field of play
Throw the ball at or near a
player or official in an
inappropriate and/or
dangerous manner
Use language that is
obscene, offensive or of a
seriously insulting nature
to another player, official
or spectator.
• Without limitation, players will breach this regulation if they
deliberately walk or run into or shoulder another player, official
or match official.
• Self-explanatory.
• Without limitation, players will breach this rule if they
deliberately attempt to distract a striker by words or gestures
or deliberately shepherd a batsman while running or
attempting to run between wickets.
• This Rule will not prohibit a fielder or bowler from returning
the ball to the stumps in the normal fashion.
• This is language or gestures which are directed at another
person. See comments under Rule 1.3 above in relation to
the seriousness of the breach.
2.7
Change the condition of
the ball in breach of Law
42.3
• Prohibited behaviour includes picking the seam or
deliberately throwing the ball into ground for the purpose of
roughening it up and the application of moisture to the ball,
save for perspiration and saliva.
2.8
Attempt to manipulate a
Match in regard to the
result, net run rate, bonus
point’s or otherwise. The
captain of any team guilty
of such behaviour shall be
held responsible.
• Prohibited behaviour under this rule will include incidents
where a team bats in such a way as to either adversely affect
its own, or improve its opponent’s, bonus points, net run rate
or quotient.
3. Level 3 Offences
The Offences set out at 0 to 0 below are Level 3 Offences. The range of penalties which
shall be imposed for a Level 3 Offence is set out in
Section 5 of this Code.
No.
3.1
3.2
3.3
Players and, where applicable, officials must not:
Rule
Intimidate an umpire or
referee whether by
language or behaviour
Threaten to assault
another player, Team
official or spectator
Use language or gestures
that offend, insult,
humiliate, intimidate,
threaten, disparage or
vilify another person on
the basis of that person’s
race, religion, colour,
descent or national or
ethnic origin
Guidelines
• Includes appealing in an aggressive or threatening manner.
• Self-explanatory.
• Self-explanatory.
4. Level 4 Offences
The Offences set out at 0 to 0 below are Level 4 Offences. The range of penalties which
shall be imposed for a Level 4 Offence is set out in
Section 5 of this Code.
No.
4.1
4.2
4.3
4.4
Players and, where applicable, officials must not:
Rule
Threaten to assault an
umpire or referee
Physically assault another
player, umpire, referee,
official or spectator
Engage in any act of
violence on the field of
play
Use language or gestures
that seriously offends,
insults, humiliates,
intimidates, threatens,
disparages or vilifies
another person on the
basis of that person’s
race, religion, colour,
descent or national or
ethnic origin
Guidelines
• Self-explanatory.
• Self-explanatory.
• Self-explanatory.
• Self-explanatory.
MISCELLANEOUS OFFENCES
5. Laws of Cricket and Spirit of the Game (Level 1 to Level 4)
No.
5
Rule
Guidelines
• This is meant as a general Rule to deal with situations where
the facts of or the gravity or seriousness of the alleged
incident are not adequately or clearly covered by the offences
set out in Rules 1 – 4 (inclusive) of the Code.
Players must obey the
Laws of Cricket and play
within “The Spirit of the
Game”. The captain and
Team coach must ensure
that their Team and
individual members of the
Team complies with this
rule.
• Behaviour which will be prohibited under the clause includes
using an illegal bat, time wasting and any behaviour which is
considered “unfair play” under Law 42 of the Laws of Cricket.
• This Rule is not intended to punish unintentional breaches of
the Laws of Cricket.
• Reference may be made to any statement or explanation of
the Spirit of Cricket published in conjunction with the Laws of
Cricket.
• Nothing in this Rule or the Code alters the onus on the
captain to ensure that the Spirit of the Game is adhered to as
stated and defined in the preamble to the Laws of Cricket.
6. Unbecoming Behaviour (Level 1 to Level 4)
No.
Rule
Guidelines
• This is also meant as a general Rule to deal with situations
where the facts of or the gravity or seriousness of the alleged
incident are not adequately or clearly covered by the offences
set out in Rules 1 – 4 (inclusive) of the Code.
• It is intended to include serious or repeated criminal
behaviour, public acts of misconduct, unruly public behaviour
and cheating during play.
6
Without limiting any other
rule, players and officials
must not at any time
engage in behaviour
unbecoming to a player or
official that could bring the
game of cricket into
disrepute or be harmful to
the interests of cricket
• This Rule applies in the following circumstances only
(whichever is the longer):
a) subject to paragraph b), participation in any Match, tour or
training camp away with the DDJCA.
b) participation in a Home Match or series of Home Matches,
from the commencement of the day before the first day of
the Match or series of Matches until the end of the day
following the conclusion of the Match or series of Matches;
c) participation in a home training session – from the time of
arrival at the venue until departure; and
d) attendance at an official cricket function or performance.
7. Detrimental Public Comment (Level 1 to Level 4)
No.
7
Rule
Without limiting any other
rule, players and officials
must not make public or
media comment which is
detrimental to the
interests of the game.
This shall include any
such comments made on
social media and other
internet-based sites
Guidelines
Without limitation, players and officials will breach this rule if
by making any public or media comment they:
• publicly denigrate another player or publicly denigrate or
criticise an, official, umpire, referee or team against which they
have played or will play, whether in relation to incidents which
occurred in a match or otherwise;
• denigrate a team;
• denigrate another player or official by inappropriately
commenting on any aspect of his or her performance, abilities
or characteristics;
• comment on the likely outcome of a hearing or a report or an
appeal;
• criticise the outcome of a hearing or an appeal; or
• criticise any evidence, submission or other comment made
by any person at the hearing of a report or any appeal.
8. Racial and Religious Vilification Code (Level 1 to Level 4)
No.
8
Rule
Without limiting Rules 0
and 0, players and
officials must obey Cricket
Australia’s Racial and
Religious Vilification Code
(as amended from time to
time)
Guidelines
• Any behaviour prohibited by this Rule will be dealt with under
the Racial and Religious Vilification Code and not under the
Code of Behaviour, save where a report is made under
another rule of the Code of Behaviour (in which case a player
or official may also lodge a complaint under the Racial and
Religious Vilification Code).
9. Anti-Harassment Policy (Level 1 to Level 4)
No.
9
Rule
Players and officials must
obey Cricket Australia’s
Anti-Harassment Policy
(as amended from time to
time).
Guidelines
• Any behaviour prohibited by this Rule will be dealt with under
the Anti-Harassment Policy and not under the Code of
Behaviour, save where a report is made under another rule of
the Code of Behaviour (in which case a player or official may
also lodge a complaint under the Anti-Harassment Policy).
Section 2:
The Code of Behaviour Judiciary
2.1. Establishment
A Code of Behaviour Judiciary (the Judiciary) is established.
2.2. Powers
The Judiciary is empowered to:
a)
hear and decide reports and appeals brought under this Code and penalise
any breaches;
b)
hear and decide complaints referred to it under the Racial and Religious
Vilification Code and penalise any breaches; and
c)
deal with any other matter referred to it by DDJCA.
2.3. Membership
The Judiciary will consist of a hearing no fewer than 3 members and will include;
a)
a Chairman of the Judiciary;
b)
2 Judiciary member(s).
2.4. Appointment
The Judiciary Coordinator shall appoint, under the direction of the DDJCA Executive, the
members of the judiciary for any hearing. As a guide, no judiciary member shall be a
member of the Executive or a registered player (in the last 2 years) of a team to which is
subject to the judiciary either as the complainant or the subject person.
2.5. Eligibility
Each subject club can nominate a judiciary member to be placed on the eligibility list for the
DDJCA/Judiciary Coordinator to select. As a guide, a person who is currently not a
registered coach and or holding an executive position in any club is preferable although not
objectionable by the DDJCA.
2.6. Matters heard
Any report, complaint or other matter brought to the Judiciary will be heard and determined
by an ordinary Judiciary nominated by the Judiciary Coordinator/DDJCA, unless earlier
settled to the satisfaction of all parties via an early guilty plea as allowed within these
guidelines.
2.7. Appeals
a) Any appeal from a decision of the Judiciary shall be heard by the DDJCA in committee
holding no less than 5 members, with the President of the DDJCA as Chairman (known
as the Appeals Judiciary). One of those members is required to be the Judiciary
Coordinator (if available). This will ensure a reference is able to be made to
determinations and evidence heard in the original judiciary’s decision.
b) In the event the Appeals Judiciary is unable to secure 5 members of the board, a
person’s can be selected from the pool of judiciary members (see 2.5 above). It should
be noted that such new member cannot have sat in the substantive hearing.
c) Any member from the original judiciary from the appealed decision can be present during
the Appeal. Their presence will be in silence, however the Appeals Judiciary can seek
advice and clarification as to evidence given in the original hearing.
2.8. Function of the Judiciary Coordinator.
a) Including the functions suggested elsewhere in the Code, the Judiciary Coordinator’s
functions are:
 To provide advice as to the interpretation of the Code to all
 Receive all reports initially from the DDJCA Secretary
 Record each report received
 Review each report and determine any penalties should the subject person(s) plead
guilty, as guided by Section 1 and








Section 5 of this Code.
Coordinate parties required to action/address a report
Receive and administer all responses from parties involved.
Coordinate the formation of the Judiciary/Appeals Judiciary as required, including
providing all relevant documentation/information
To ensure the Judiciary and the Appeals Judiciary administer the Code appropriately.
Advise the player(s), club(s) involved, the DDJCA and MVCUA of final decisions
made
Other than in the Appeals Judiciary, the Coordinator is not to guide any member of
the Judiciary as to findings of fact.
b) The Judiciary Coordinator must maintain a register of all reports of alleged breaches of
this Code and of all complaints referred to the Judiciary under the Racial and Religious
Vilification Code and the Anti-Harassment Policy. The register must record the outcome
of any hearings and appeals including any penalty imposed. The register is to be
available to the Judiciary for the purpose of assisting it in fixing any penalty for a breach
of this Code of Behaviour and of the Racial and Religious Vilification Code and the AntiHarassment Policy. No reference may be made to the register prior to the making of a
finding of guilt or innocence.
c) A copy of this register will be presented to each monthly meeting of the DDJCA.
d) The Judiciary Coordinator at hearings is required to take short minutes as to the events
of the hearing, but not form part of the Judiciary itself. In an Appeals Hearing, the
Secretary of the DDJCA is to take short minutes of the Appeals Hearing.
2.9. Address of Judiciary
The address of the Judiciary for the purposes of the lodging of documents pursuant to this
Code shall be the address/email address of the DDJCA ([email protected]).
Section 3: Reports
3.1. Who can report breaches?
Subject to 3.3 below, an alleged breach of the Code may be reported by:
a) any:
(i) player participating; or
(ii)
Umpire or Match referee officiating, in the Match in connection with which the
alleged breach occurs;
b) the:
(i) Captain/Coach; or
(ii)
the President of a club represented by either Team, participating in the Match
in connection with which the alleged breach occurs;
c) the:
(i) Macquarie Valley Cricket Umpires Association President; or
(ii) President of a club, of the person alleged to have committed the breach where
the alleged breach does not occur in connection with a Match; or
(iii) the President (DDJCA).
3.2. Form of report
Any report of an alleged breach of the Code must be made to the Judiciary in writing on a
form approved by the DDJCA (refer Appendix 1).
3.3. Timeframe for lodging reports
a) In the case of an alleged breach occurring on the field, a report must be lodged by 12pm
of the first Monday immediately following the Match. Where that Monday is a Public
Holiday, the next working day.
b) In the case of an event occurring before or after the match, a complaint must be lodged
within 24hrs after the incident or by 12pm the next working day, whatever is the later
period.
c) Save that the DDJCA President may lodge with 24 hours of becoming aware of any
facts capable of substantiating a charge under this Code.
d) Lodging a complaint directly to the President of the DDJCA will not overcome the
lodgement requirements provided in 3.3 a) above. The person or club must show that
the information was not available in any form prior to the lodgement requirements.
3.4. Method of reporting
The prescribed form (Appendix 1) should be sent by email to the Secretary of the DDJCA
([email protected]) within the required time limits.
3.5. Coordinators role after receiving report
As soon as reasonably practicable after the Judiciary Coordinator receives the report, the
person against whom a report is made must be informed of the making of the report, written
particulars of the rules of this Code it is alleged have been breached, a brief statement as to
how they have allegedly been breached and any penalties to be imposed should the subject
plead guilty.
3.6. Withdrawal of report
A report may be withdrawn at any time.
3.7. Rules to report against
Where the facts of or the gravity or seriousness of the alleged incident are not adequately or
clearly covered by the offences set out in Rules 1 – 4 (inclusive) of Section 1, the person
making the report may allege another offence, for example:
a)
b)
c)
d)
e)
breach of Rule 5 – Laws of Cricket and Spirit of the Game;
breach of Rule 6 – Unbecoming Behaviour; or
breach of Rule 7 - Detrimental Public Comment
breach of Rule 8 - Racial and Religious Vilification Code
breach of Rule 9 – Anti-Harassment Policy.
3.8. Multiple incidents
Where there are separate incidents in the course of a match, separate charges should be
laid.
3.9. Assessment of reports
a) The assessment of the allegations of the reports shall be initially conducted by the
Judiciary Coordinator. A recommendation will be forwarded to Chairman of the Judiciary
as to a range of possible breaches of the code that may have occurred and procedures
that should be followed. The Judiciary Coordinator will also make a recommendation as
to whether a prima facie case exists on the papers (see 3.9 c) for prima facie definition).
b) The Coordinator upon considering the evidence offered will decide whether or not the
evidence is sufficient or not to warrant a breach. In the event no breach is decided a
written reason will be sent to the DDJCA President, MVCUA (if one or more of their
members was responsible for the report) and the complainant.
c) For the purposes of this Code and 3.9 a) & b), “prima facie case exists on the papers”
means,
“The assessment of the evidence considering whether or not the
available is taken at its highest, discounting internal and
inconsistency and credit issues. Thus in the event the remaining
does not at its highest establish an offence it shall be deemed
reached a prima facie level”.
evidence
external
evidence
to not of
Section 4: Hearings
4.1. Procedure
a) If the Judiciary Co-ordinator determines a prima facie case exists as per 3.9, he shall
determine an appropriate penalty for a guilty plea based on the guidelines in
b)
c)
Section 5
of this code. He shall then notify the subject, his/her Club Secretary and
their Club President of the penalty above and the date at which a hearing will be held
should the subject plead not guilty. Early guilty options SHALL NOT be available for
cases involving Level 3 or 4 incidents, or miscellaneous incidents covered under
subsections 5-9 in Section 1 of this document.
The above people will be notified by email based on the relevant details on their Club’s
MyCricket website. It is up to all clubs to maintain this register of details. Lack of contact
due to incomplete or erroneous records WILL NOT be accepted as an excuse for not
being aware that a Code breach has been served.
d) The subject’s Club Secretary must respond to the Judiciary Coordinator by 5pm the first
working day after notification has sent by the Judiciary Coordinator. The response must
indicate a plea and include any/all supporting documentation to support the plea where
relevant. If no response has been received within this timeframe, the Judiciary
Coordinator will proceed as if a plea of guilty has been entered (for early plea options
offered for Level 1 or 2 incidents). Reponses from the subject or their Club President will
be accepted in extraordinary circumstances, but the Club must explain why the response
did not come through the Club Secretary.
e) In the event of a guilty plea, notification will occur as per 4.6.
f)
Notwithstanding matters resolved as per 4.1 a) - e) (above), the Judiciary will hold a
hearing in relation to each report made under this Code where a not-guilty plea has been
entered.
Where appropriate, the Judiciary may hear more than one report
simultaneously where those reports are in respect of the same or related behaviour
(cross-claim).
4.2. Timeframe
The hearing of a report in relation to on-field behaviour will be held promptly after the person
against whom the report is made has been informed of the making of the report and its
details. In the normal course of events and subject to the availability of a Chairman, the
hearing should commence prior to the players next scheduled match, the next Match in
which the player or official is scheduled to participate. The Judiciary may grant an
adjournment of the hearing where the player or official demonstrates that an adjournment is
essential in order to be given a fair opportunity to prepare a defence. The hearing of a report
by the President (DDJCA) pursuant to
Section 3,
3.3 b) will be held as soon as practicable after the report has been lodged,
having regard always to the requirements to accord procedural fairness to the player or
official concerned.
4.3. Attendance
Subject to the immediately succeeding clause 4c, the person against whom a report is made
and the person(s) who has made the report will be required to attend a hearing before the
Judiciary at a time and place notified to them. If, within 15 minutes of the notified time for
commencement of the hearing:
a) the person making the report is not present, the Judiciary may dismiss the report or
adjourn the hearing to a date and time fixed by it; or
b) the person against whom the report has been made is not present, the Judiciary may
hear the report in the absence of that person; or
c) both persons are not present, the Judiciary may dismiss the report or adjourn the hearing
to a date and time fixed by it.
4.4. Methodology
The Judiciary/ Appeal Judiciary:
a) will conduct the hearing:
(i) subject to paragraph f) of this clause, in private unless all parties to the report and the
Judiciary agree otherwise; and
(ii) in other respects as the Judiciary determines;
b) will conduct the hearing:
(i) in an inquisitorial manner and not in an adversarial manner. Meaning the Judiciary
alone shall test the credit of all witnesses and opposing parties shall not be permitted
to cross-examine witnesses. This function will be done so by the Judiciary or the
Appeals Judiciary. All parties will be reminded of this fact prior to any hearing
(ii) with as little formality and technicality; and
(iii) as quickly, as proper consideration of the report or complaint permits;
c) may conduct the hearing by telephone or other conference facility;
d) may appoint a representative or other person to assist it;
e) may allow the person alleged to have breached the Code to be assisted by a
representative or other person; and
f) may NOT allow a member of the media to attend.
4.5. Behaviour at Hearings
All people attending a hearing before the Judiciary (Appeals Judiciary) must:
a) behave with due decorum; and
b) comply with the directions of the Judiciary as to the manner in which the hearing will be
conducted.
Any person who fails to comply may be ejected from the hearing room and sanctioned under
this Code.
4.6. Notification of Decision
The Judiciary will give:
a) the person reported;
b) the person making the report;
c) the person’s club;
d) the MVCUA; and
e) the DDJCA,
a written statement of the findings (as they see fit under the circumstances) of the hearing
and any penalty imposed.
Section 5: Penalties
5.1. Range of penalties
In the event the Judiciary decides that any person has breached any of Rules 1 – 4
(inclusive) of Section 1 of this Code of Behaviour, it will apply a penalty within the range of
penalties for each level of offence set out in the table below. In doing so should utilise
sentencing guidelines set out in Rule 2 of
Section 5.
It is within the bounds of the Judiciary/Judiciary Coordinator to find that a player has also
violated the Code (amongst offences 1-4) by actions or behaviour contained within items 5-9
of offences. E.g. Spirit of the game or unbecoming behaviour. It will be at the discretion of
the Judiciary/Judiciary Coordinator to determine what level that behaviour is best dealt under
the levels of penalties below. Remember all offences found should be sentenced currently.
Level of
Offence
Early Guilty Plea
Level 1
Official reprimand
Level 2
A ban of 1 multi-day Match or 1-2
one-day Matches
Level 3
N/A
Level 4
N/A
After Judiciary Decision
A ban of 1 multi-day Match or 1-2
one-day Matches
A ban of between 1 and 2 multi-day
Matches and/or between 2-4 one-day
Matches
Ban of between 2 and 4 multi-day
Matches and/or between 4 and 8 oneday Matches
Ban of between 5 multi-day Matches
and/or 10 one-day Matches and a life
ban.
The following rules of interpretation apply to any penalty imposed under this Rule:
a) A “multi-day Match” means a Match of more than one days’ scheduled duration and a
“one-day Match” means a Match of one days’ scheduled duration. A 20/20 match shall
not be subject to a penalty however a player cannot participate in any match within the
auspices of the DDJCA (see definition of match at the start of this Code) until the penalty
imposed has been served.
b) The Judiciary must specify the type of Match or Matches in which the ban is to be
served. The Judiciary may specify a different ban (within the applicable range) for each
type of Match in respect of which the ban is to apply. For example, a player found guilty
of a Level 3 offence may be banned for 4 two day matches and 8 one day matches.
c) To avoid any confusion, and subject to 5.1 above, a person serving a penalty is not
permitted to be selected in a representative DDJCA team. However eligibility to play in
sides with honours above shall be considered by that organisation, e.g. Western Zone,
NSW Country Cricket.
5.2. Sentencing principles and repeated behaviour accumulation of the penalty
When imposing any penalty under 5.1 above, the following principles will apply:
a) the Judiciary may take into account any circumstance it considers relevant; and
b) if a player or official repeats an offence (or a previous offence prior to the Code being
introduce) within a particular Level (excluding Level 4), the Judiciary will impose a
penalty in line with the next highest Level. For example, if a player is found to have
committed a Level 0 offence and later is found to have committed a Level 0 offence, the
player will be penalised as if he or she had committed a Level 3 offence.
c) Penalties applied by the DDJCA against any player, official or member will be
recognised, considered and enforced by the DDCA in all DDCA competitions. This also
applies to 5.2b) above. The end date of any suspension applied by the DDJCA shall
also be recognised by the DDCA, and no DDCA match shall influence the length of
sentence a player may receive from the DDJCA.
5.3. Other factors to consider when sentencing
Without limiting 5.1 of this Section, when imposing any penalty upon a person who has
breached this Code, the Judiciary may take into account any circumstance it considers
relevant, including the following:
a) the seriousness of the breach;
b) the harm caused by the breach to the interests of cricket;
c) the person’s seniority and standing in the game;
d) remorse shown by the person and the prospect of further breaches;
e) the prior record of the person in abiding by this Code (see register), the prior behaviour
in the DDCA, the DDJCA and other associations.
5.4. Multiple offences
If the Judiciary finds a person reported for separate incidents within a match to be guilty of
more than one offence, it should impose separate penalties in respect of each offence.
Penalties in such cases shall be given concurrently. However with multiple offences the
principles of 5.3 (above) will apply. E.g. player found guilty for a Level 2 offence, the player
on the first offence will be sentence to Level 2 penalty, the second Level 2 offence shall be a
penalty as if the offence was a Level 3 offence. A player therefore could receive a penalty
up to 4 weeks or more if it is appropriate.
5.5. Option to downgrade offence
It is open to the Judiciary to find a person guilty of an offence in a level lower than that in
which he or she is charged where the constituent elements of the lesser offence are the
same. For example, if a player is charged with serious dissent under Rule 0 of Section 1, it
is open to the Judiciary to find the player guilty of dissent under Rule 1.2 of Section 1 rather
than serious dissent.
5.6. Early guilty plea
Plea bargaining is not permitted. However, the Judiciary Coordinator will provide a sentence
indication or penalty range, prior to a plea of guilty, for Umpire reports of a Level 1 or 2
status. It should be stressed that the Judiciary is not bound by the Judiciary Coordinator’s
sentence indication where a cited person chooses to plead not guilty to the charge
(particularly note 5.1 above).
Section 6:
Appeals
6.1. Right to Appeal
Any person found to be in breach of the Code, or the President of the DDJCA on his/her own
motion and supported by majority vote of DDJCA in committee, may appeal against the
decision of the Judiciary, including but not limited to in relation to the penalty imposed.
6.2. Withdrawing an Appeal
An appeal may be withdrawn at any time, except that once the hearing of the appeal has
commenced the appeal may be withdrawn only with the Judiciary’s approval.
6.3. Time for Lodging Appeal
The appeal must be lodged with the Judiciary in writing in a form approved by the Judiciary
within 48 hours of the Judiciary Coordinator sending an email to the subject’s club secretary
notifying them of the decision. Any penalties imposed by the Judiciary will have full force
and effect pending the outcome of any such appeal.
6.4. Notification of Appeal
The Judiciary must notify the other parties of the appeal and its details as soon as
practicable after the Judiciary receives the notice of appeal.
6.5. Time for Appeal Hearing
The appeal will be heard promptly after the other parties to the appeal have been notified
pursuant to 6.4 above and will be commenced no later than 72 hours after the time the
appeal has been lodged.
6.6. Re-hearing
a) The Appeals Hearing will be a new hearing (i.e. a hearing de novo) and the Appeals
Judiciary will not be limited in any way by the previous substantive hearing. The Appeals
Judiciary upon deciding the appropriate penalty can increase or decrease any penalty
imposed. It is not however permitted to increase any code violation. It may find a
violation pending the evidence on appeal in the same category. For example a cited
player may have been found guilty originally for a 4.2 offence the Appeals judiciary may
find a player guilty of a 4.3 offence or less.
b) IMPORTANT:
(i) There shall be no appeal of severity of sentence where a sentence imposed by the
Judiciary is within the parameters set out within the
(ii)
(iii) Section 5, 5.1; and
(iv) There shall be no appeal where matters have been dismissed at the substantive
hearing except where they are intrinsically linked to offences heard on appeal. This
will however be rare.
6.7. Applicability of Sections 4 and 5
As
far
as
appropriate,
the
provisions
of
Section
4 and
Section 5 of this Code will apply to any appeal heard by the Appeal Judiciary.
6.8. Finality
Any decision made by the Appeal Judiciary so far as sentence imposed shall be binding.
Any appeal on the facts (full contested hearing) shall be subject to the appeal processes of
the Macquarie Valley Cricket Association, the Western Zone and Country Cricket and so on.
However, in the event of any such appeal the DDJCA will be guided by the direction of the
Macquarie Valley Executive and will unless otherwise directed will enforce the penalty
imposed.
Section 7:
Internal Club Discipline
This Code does not prevent individual Clubs from establishing their own internal rules for
behaviour and for imposing penalties for breach of those rules. Such rules are in addition to
the provisions of this Code and will not restrict in any way the right to take action under this
Code.
Appendix 1 - Overleaf
REPORT RE: BEHAVIOUR/CONDUCT
Please refer to the “DDJCA Code of Behaviour – Section 3: Reports” for assistance
and DDJCA website for example report
Date:
Field:
Competition:
Round:
Teams:
V
Name of Player &
Club:
Was team Captain/Coach advised: Yes / No
Was player advised:
Yes / No
Was any Club Official advised?
Yes / No
Date:
Date:
Who / Date:
Indicate Code Breach/Violation/Offence (Refer to DDJCA Code of Behaviour Section 1)
(State which part(s) of Code allegedly violated, e.g. 1.2 and or 2.1, and short explanation)
Provide concise explanation of happenings leading to this report
Provide as much detail as is necessary to report the facts. Avoid hearsay and include names of any other
persons who may be able to provide extra information NOT included in this report.
Name:
Sign:
Date:
Please email report to [email protected] by 12noon on the first working day
following the reported incident. Report only needs to be signed