Kartbook

Australian Karting Forum

Dear KA - PLEASE provide Training and Guidance and Support to Officials

Hi KA

As has been the case for quite some time KA Rules [Rule 2 d) of Chapter 7 General Rules in 2017] allow the biennial Officials Accreditation Course to be done either electronically or in person. As requested several times please allow me my choice of doing the Course electronically ?

Dear KA

As previously requested please officially withdraw the below advice on how to conduct a Stewards Hearing and replace with a version that complies with the KA Rules and Australian Law ?

Was I the only one who was told it could be used for training ? Might I suggest it might be used for training in law courses as to how to get it wrong.

Verbatim - How does that work when an Official commences the action ? Smoking in pits ?

The requirement for "Verbatim" contravenes Rule 1 k) of Chapter 11 General Rules

Inquisitorial in nature - Do you mean the alternative - Adversarial ?

"If (Defendant’s Name) does not admit liability the Hearing will in the first instance hear all of the evidence and determine the matter of liability so as to establish whether or not the Defendant has committed a breach of the Rules. Following the Stewards determination on liability, the Hearing will then move into the penalty phase wherein (Defendant’s Name) will be given the opportunity to make a submission to the Hearing on the matter of penalty." "Penalty phase" - Are all Defendants guilty ?

"Does any person appearing before this Hearing request the assistance of the Competitor?" ???

"Could (Defendant Driver’s Name) please give us your comments regarding the incident?" The Defendant goes first - That sounds like a guaranteed denial of natural justice !

Dear KA have you had any legal advice on Natural Justice ?

Have I just passed my Electronic Officials Course that the KA Rules allow me to choose ?

Kind Regards

Greg N Smith

Grade 2 KA Official Q1446

From email received-

Hi all,

KA have released the attached reference script for Steward Hearings, they have requested it be used during hearings.

The basics of a hearing procedure are included in Chapter 11 of the General Rules but for many, especially newer officials it can be a daunting task.

Could all clubs print a copy to be kept with their club paperwork and I would recommend all Officials print a copy for their personal reference. -

The Stewards are required to read the various statements contained in this document verbatim at the appropriate time during each Hearing.
______________________________________________________________________________________
Stewards Hearing
COMMENCEMENT
This Hearing commencing at (TIME) is into an alleged incident involving Kart (# ), the subject of the Hearing and Kart (# ) during Practice/Qualifying/Heat/Race (# ) for the (Class Name) on the (Day, Month, Year) at (Circuit/Raceway).
The Stewards presiding over this matter are:
Name any other persons who will be present in the room for the duration of the hearing (not including the parties to the Hearing or witnesses)
This Hearing is being recorded so we will ask that all parties to the Hearing to please speak in a clear voice. For the record could all parties present please now clearly state their name and Kart number?
______________________________________________________________________________________
HEARING FORMAT
The Hearing into this matter will be inquisitorial in nature. All parties to the incident will be invited to present their views and submissions on the matter.
The Defendant may admit the breach. If so, submissions will be heard on penalty before penalty is imposed.
If the breach is denied, evidence will be taken.
Having heard what everyone has to say, the Stewards will then determine whether there has been a breach of rule (state the rule number). If a breach is found, submissions will be heard on penalty before a penalty is imposed.
In accordance with all of the provisions of the Rules a person in attendance at this Hearing may be permitted at the sole discretion of the Stewards to have the assistance of the Competitor’s legally authorised representative but such person will not be legally trained.
** (Only read this paragraph if there is video evidence available)
As there is video evidence available, we will give the parties to the Hearing the opportunity to view the available vision. Following the initial review of this vision, the Defendant (Driver’s Name) of the Hearing will be given the opportunity to indicate to the Stewards whether or not they admit that they have breached the Rule(s).
If (Defendant’s Name) admits liability, this Hearing will find the allegation proved by admission.
The hearing will then immediately move into the penalty phase and (Defendant’s Name) will be given the opportunity to make a submission to the Hearing on the matter of penalty in accordance with the Rules.

If (Defendant’s Name) does not admit liability the Hearing will in the first instance hear all of the evidence and determine the matter of liability so as to establish whether or not the Defendant has committed a breach of the Rules. Following the Stewards determination on liability, the Hearing will then move into the penalty phase wherein (Defendant’s Name) will be given the opportunity to make a submission to the Hearing on the matter of penalty.
Does anyone have any questions on the procedures that this Hearing will follow?
(Permit questions and clarify the procedures for the benefit of all parties.)
______________________________________________________________________________________
REPRESENTATION
NOTE: ANY PERSON ATTENDING A HEARING WHO IS UNDER THE AGE OF EIGHTEEN YEARS OLD MUST BE ACCOMPANIED BY A PARENT OR ADULT GUARDIAN.
Does any person appearing before this Hearing request the assistance of the Competitor? If so, we would like to take submissions on that matter now.
The parties are now to be provided with the opportunity to make any submissions requesting assistance before the Stewards. This must be in accordance with General Rules, Chapter 11 Rule 1 f)(ii).
If any party to the Hearing requests representation the Stewards are required to rule on such request at this time. The maximum permitted is one (1) additional person for each party involved.

Decision on Representation
** If the Stewards decide to permit a party to be assisted, they are required to make the following statement:
Following a request by (Drivers Name), to be assisted by (Assistants Name), an authorised representative of the Competitor (Competitors Name), we herein permit (Assistants Name) to be present in this hearing as the representative of the Competitor.
** If the Stewards decide not to permit a party to be assisted, they are required to make the following statement:
Following a request by (Drivers Name), to be assisted by (Assistants Name), an authorised representative of the Competitor (Competitors Name), we herein advise that we do not permit (Drivers Name) to be assisted by (Assistants Name) as the representative of the Competitor.
______________________________________________________________________________________
LIABILITY
Admission of Liability
** (Only read this paragraph if there is video evidence has been viewed)
Having now viewed the video evidence upon which this Hearing intends to rely, do you, (Defendant Driver’s Name) wish to admit liability in the incident?
The Defendant at hearing is at this point given the opportunity to admit liability for the incident.

If the Defendant does not admit liability, the Hearing will be required to now hear all evidence on the matter of liability and will take Evidence from all parties involved.
Denial of Liability
We will now hear from the parties involved before taking any additional evidence that you may wish to present.
Could (Defendant Driver’s Name) please give us your comments regarding the incident?
Questions from Stewards.
Could (Aggrieved Drivers Name) please give us your comments regarding the incident?
Questions from Stewards.
Stewards To Determine Their Findings On Liability
If there is no further evidence that the parties wish to submit to the Hearing we will ask you both to sum up prior to the Hearing adjourning to allow us to consider the issue of liability arising from the incident.
(Defendant Drivers Name) Could you please sum up your view of the incident?
(Aggrieved Drivers Name) Could you please sum up your view of the incident?

We will now adjourn at (TIME) to consider the evidence presented, thus could all parties please wait outside.
Stop recording at this time and notify the Stewards accordingly that the recording has been stopped. Recall the parties into the Hearing at Stewards request
________________________________________________________________________________
FINDINGS
No Breach of Rules Finding
Having considered all the evidence, including the submissions by the parties the Stewards hereby find that no breach of the Rules has occurred.
(If the aggrieved party is in the room read the following paragraph :)
In making this finding, the parties are reminded of their rights of appeal pursuant to the provisions of the KA Manual.
Thank you for your time and all parties are free to leave.
The hearing into this matter has concluded at (TIME).
Breach of Rules Finding
Having considered all the evidence, including the submissions by the parties, the Stewards hereby find that a breach of rule/s (Number/s of the rule/s breached) has been committed by (Defendant Drivers Name).

At this point we would like to thank (Aggrieved Drivers Name) for your time. You are free to leave.
(Aggrieved Driver to leave the Hearing)
______________________________________________________________________________________
P a g e | 4
PENALTY PHASE
Having made a finding that a breach of the rules has occurred, this hearing, in accordance with provisions of the KA Manual will now hear submissions on the matter of penalty and any mitigating circumstances that may bear on the extent of the penalty which may be imposed.
Accept submissions from the Driver on the matter of penalty.
Do any of my fellow Stewards have any further questions of (Defendant Drivers Name)?
Drivers Comments if any
We will now adjourn at (TIME) to consider the penalty.

Stop recording at this time and notify the Stewards accordingly that the recording has been stopped. Recall the party into the Hearing at Stewards request
______________________________________________________________________________________
DECISION
Decision On Penalty
In the matter of this Hearing, having found that a breach of rule number (rule number/s) has occurred and having due regard for the matters prescribed in the rules, impose a penalty of: (detail the penalty)
You are reminded of your rights of appeal pursuant to the “General Rules Chapter 14” of the “KA Manual”. Should you wish to lodge a “Notice of Intention to Appeal” you must do so within 30 minutes.
Thank you for your time and all parties are free to leave.
The Hearing into this matter has concluded at (TIME).

Views: 176

Reply to This

Photos

  • Add Photos
  • View All

© 2019   Created by Col Fink.   Powered by

Badges  |  Report an Issue  |  Terms of Service