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Sport is not a matter of life and death It is more important than that .. In
team sports, however, it is usually impossible to be so dogmatic.
For instance, the best individual rower in the state may not
fit into an eight-man crew because of the different stroke rates.
In such an example, an objective criterion which said “The
best eight rowers in the state will be selected.” would lead to a
situation where the best team is not necessarily selected.
Accordingly, it should be made clear to all competitors that
the selectors have absolute discretion as to who is selected. In
some cases, there is an argument for a “Champions Rule.” One can
readily envisage situations where obvious champions such as Kieran
Perkins, Cathy Freeman and the like are omitted from teams because of
a temporary illness which precludes them from competing in the
relevant qualifying heats. In
such a case, there is an argument that “ You’ve got to let them in
because they are champions and are likely to win a gold medal”.
However, it must also be borne in mind that every inclusion
usually results in someone being omitted. Legal
liability
What
is the legal liability of selectors?
It must be said that the answer to this question is somewhat
moot, as there have not been any decided cases in Australia in
superior courts dealing with team selection.
The closest case is that of Kathy Watt who appealed her
omission from the Atlanta Olympics to the Court of Arbitration for
Sport. Her appeal was
upheld. However, the
appeal was not allowed because the Court determined that her claims
for selection were superior to that of her rivals.
Rather, the Court upheld a declaration of her Federation that
she had in fact been included in the team. As a general rule, courts will not become involved in the internal machinations of a sporting organization. There is High Court authority to the effect that voluntary associations should determine their own internal workings, and courts should not become involved.
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That
is not to say, of course, that courts will not become involved in
sporting disputes. One
need only look at the case of Greg Williams to see that sport throws
up many cases where athletes have taken their grievances beyond their
sport’s internal tribunals. However,
in order to do so, that athlete must be able to establish a
recognisable cause of action. In
the hypothetical situation of an athlete taking his/her non-selection
to court, he or she would have to prove that there had been a breach
of the law in one of the following areas:
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