Australian Sailing |
DAY 1WELCOME & INTRODUCTIONS
• Protest Exercise
• Judge Resources and Code of Conduct
• NOP & Judge Accreditation requirements
• Recognised Authorities
• Various Protest Committees and Juries
MORNING TEA
• Structure of the RRS
• The Protest Hearing
• Reopening a Hearing
LUNCH
• Appeals, Requests and Procedures Appendix R
• Working with Competitors & Support Persons
• Hearings involving Misconduct
• Exercises, Questions and Summary
AFTERNOON TEA
• Exam
• Exam review and questions
• RJ Accreditation requirements & Paperwork
• Where to from here?
• Summary and close
CLOSE
Seminar Schedule
Regional Judge Seminar3
Australian Sailing |
Protest Exercise
Who DSQ boat A?
Who DSQ boat B?
Others
5 Regional Judge Seminar
Australian Sailing |
• AS Officials Resources page:
https://www.sailingresources.org.au/officials-volunteers/nop-resources/
• Judges Resources:
https://www.sailingresources.org.au/officials-volunteers/judge-resources/
• Regatta Management Templates:
https://www.sailingresources.org.au/class-assoc/regatta-templates/
Judges Resources
Regional Judge Seminar7
Australian Sailing |
Committee behaviour:
• Follow dress code (on the water, ashore)
• No alcohol consumption until the end of
hearings
• Telephones on mute in PC room
• No greediness
• Respect role of the Chairman
Personal behaviour:
• Respect hosts, competitors, colleagues,
support persons
• Confidentiality
• Conflict of interest
• Punctuality
• Social behaviour
• Generally act with dignity and decorum
at all times
Code of Behaviour
Regional Judge Seminar8
Australian Sailing |
• Gain racing experience and rules knowledge.
• Gather broad PC and Jury experience.
• Proficiency in English.
• Support policies of Australian Sailing.
• Establish a Judicial temperament.
• Within last 4 years:
✓Participate in a RJ seminar and pass the exam (first appointment).
✓Be performance assessed.
✓Submit an accreditation application form (available on the as website).
https://www.sailingresources.org.au/officials-volunteers/nop-accreditation-forms/
10
How to become an Australian Sailing Regional Judge
Regional Judge Seminar
There is no set order to
achieving all of this.
Each of you will be at
different levels of these skills
and requirements
Australian Sailing |
Performance assessment
• Self assessment
• Performance assessment of other officials
• Mentoring
Regional Judge Seminar11
Performance Assessment
Australian Sailing |
WS - World Sailing
• Rules, cases, International Judges program, International Judges Manual
AS – Australian Sailing
• Our National Authority, National Officiating Program (NOP), AS RRS, Appeals
OA – Organising Authority
• Publishes NoR, appoints RC
RC – Race Committee
• Writes SIs, runs races, scoring
PC – Protest Committee
• Appointed by the OA.
TC – Technical Committee
• Appointed by the OA or RC
NJ – National Judge
Regional Judge Seminar13
The Bodies We Will Meet
Australian Sailing |
Protest committee
• Minimum 3 members (Qualified Chair and members recommended – not a requirement
though).
National Jury – Major regatta level or national event
• Minimum of 3 members
• Minimum 2 National Judges and 1 State Judge
• Not less than two states or countries represented
International Jury – World championships or other international events:
• Minimum of 5 members
• Majority shall be International Judges
• Maximum of 2 judges from one Member National Authority
Regional Judge Seminar16
Committees and Juries Composition
Australian Sailing | Regional Judge Seminar17
Status of Protest Committees
Protest CommitteeAppointed by OA
or RCAppealable
National Jury
Appointed by OA
Approved by
Australian Sailing
No appeal
(usually)
International Jury
Appointed by OA
Approved by
Australian Sailing
or World Sailing
No appeal
Australian Sailing | Regional Judge Seminar24
Part 5 – Protests, Redress, Hearings, Misconduct and Appeals
Australian Sailing | Regional Judge Seminar25
Part 6 – Entry and QualificationPart 7 – Race Organisation
Australian Sailing |
• Assign roles
• Hearing Chair, Scribe, Lead questioner, Witness fetching
• Runs an orderly fair hearing
• Discourage inappropriate behaviour
• Discourage leading questions
• One person speaking at a time
• Follow/re-explain protest committee procedures
Regional Judge Seminar27
Chairman’s Management
Australian Sailing |
• Introduction
• Conflict of Interest
• Interpreter?
• Validity
• Protestor’s story
• Protestee understands?
• Protestee’s story
• Protestor understands?
• Protestor’s questions
• Protestee’s questions
• Necessary PC questions
28
Protest Procedure – Appendix M
Regional Judge Seminar
• Protestor’s witness(es) called
• PC asks to explain what they saw
• Questions to the witness (Protestee, Protestor, PC)
• Protestee’s witness(es) called
• Questions to the witness (Protestor, Protestee, PC)
• Final PC questions
• Final statements (Protestor first)
• Agree facts, conclusions and rules that apply,
decision
• Inform parties of decision
Australian Sailing |
• Introductions
• RRS 63.4 “COI” declared and recorded – Case 137
• Cannot be PC member unless all parties consent, or;
• PC decides not significant:
• Level of conflict
• Level of event
• Importance to each party
• Overall perception
• RC member: boat on boat vs RC improper action?
Regional Judge Seminar29
Introductions and Conflict of Interest
Australian Sailing |
What happened?
• Ask necessary questions – but they can’t give the game away
• Save questions until last required moment. Avoid leading questions
• What rules might apply to this incident?
• What are the boats’ obligations under these rules?
• What facts are needed to determine whether boats met these obligations?
• What question/s will help establish those facts?
• Ask only questions that help find facts
Regional Judge Seminar30
PC Questioning Techniques
Australian Sailing |
• Ask parties and observers to leave
• Don’t laugh! Don’t joke!
• Ask less experienced judges first
• Mix the order
• Record easily agreed facts in order
• Apply relevant rules to facts
• Identify missing facts
• Discuss and agree controversial issues
Regional Judge Seminar31
Deliberations
Australian Sailing |
• Just concentrate on agreeing the facts. Don’t get into rules yet!
• Get input from all PC members. Some members may need to be drawn out.
• Jot down the FACTS which are not in dispute.
• Resolve any differences of opinion.
• Reach a consensus which all can agree. Try to avoid voting.
Regional Judge Seminar32
Reaching the Decision
Australian Sailing |
• Scribe to lead with draft “FACTS FOUND”
• Edit the draft to a wording which all can agree
• Reach the “CONCLUSIONS” you can draw from the “FACTS”
• The applicable rules should now be clear
• Correct and complete wording should not need a diagram
• The decision should now be straightforward!
• Most decisions can use standard wording – Refer to Handout
Regional Judge Seminar33
Reaching the Decision
Australian Sailing |
• No rule broken – dismiss protest
• Boat broke a rule – DSQ
• Exceptions:
• Exoneration when compelled to break a rule (RRS 21 or 64.1(a))
• [DP] or [SP]
• Other penalties in SI’s
• Rule 64.1(b) applies
• Rule 14(b) and Rule 36
• Part 2 pre-amble: Boat not racing – no damage or injury
Regional Judge Seminar34
Decision
Australian Sailing |
• DNE = Disqualification Not Excludable
• RRS 2 DNE
• RRS 30.4’s last sentence (Black Flag Rule)
• RRS 42 (propulsion) if P2.2 or P2.3 applies
• RRS 69
• Inform scorer promptly – check on posted results
Regional Judge Seminar35
DNE
Australian Sailing |
• Recall parties to protest room
• Read facts found, the conclusion reached and the decision
• Copy of decision upon request
• When and where available
• Provide diagram – if relevant or valuable
• OK to explain decision, if time
• Inform scorer promptly – check on posted results
Regional Judge Seminar36
Informing the Parties
Australian Sailing |
• Sources:
• Request from boat (<24 hours, except on last day of racing)
• Request from RC/OA/TC (<24 hours, except on last day of racing)
• PC itself – could be after an invalid request from boat or RC (no time limit)
Regional Judge Seminar38
Reopening a Hearing
Australian Sailing |
• Preliminary meeting to decide:
• Investigate the party’s new evidence
• Consider other information as needed
• Other boats affected by arrangement PC was not aware of? RRS 64.2
• Reopen only if:
• A significant error may have been made, or
• Significant timely new evidence is available (This is not evidence that was available
to the Party at the time of the hearing but not used)
Regional Judge Seminar39
Deciding Whether to Reopen
Australian Sailing |
• Inform parties
• Same PC members if possible
• Rules of Part 5 apply
• May or may not reverse decision and may update facts/conclusions to support original
or new decision.
• Where there is a problem, you should do it, you will get more respect from the
competitors.
Regional Judge Seminar40
Reopening a Hearing
Australian Sailing |
• Can be requested by a competitor or Protest Committee (Will comply with Appendix R).
• Competitors appealing a National or International Jury
• Rule 70.
• Appeals, requests by Protest committees
• Submitting an appeal:
• Information found on the AS website: https://www.sailingresources.org.au/class-
assoc/racing-rules/
• Online form: https://www.sailing.org.au/surveys/392/ .
Regional Judge Seminar43
Appeals and Requests
Australian Sailing |
Party submitting an appeal:
• A Party to a Protest or Request that wishes to appeal a decision must submit an appeal
within 15 days to Australian Sailing. This is within15 days after a written PC hearing
decision or its decision not to reopen a hearing is delivered to the Party .
• The submitted appeal is lodged online and must contain:
• A copy of the written PC decision (or an equivalent, R2.1).
• Reasoning as to why the decision was incorrect.
• All associated documents to the protest
• Protest form or request for redress (including a complete diagram of the
incident)
• The NoR and SIs and any other governing documents
• Contact details for the Parties and Protest Committee Chair.
Regional Judge Seminar44
Appeals and Requests
Australian Sailing |
PC Appeal Process:
• Appeal received from AS by Chairman
• Chairman may share with PC members for comment.
• Each ground of appeal should be carefully reviewed.
• Unless they don’t make sense or are inadequate the Facts Found cannot be appealed.
– Don’t let yourself get dragged into who said what or arguments on Facts.
– Best response to augments on Facts are “This ground is an appeal against the facts.”
• Prepared a separate answer for each ground even if they duplicate each other.
• Any outstanding appeal documents to be made available to MNA.
• Response should be returned to AS within time frame provided.
Regional Judge Seminar45
PC Response to an Appeal
Australian Sailing |
Appeal Process:
• Appeal received
• Appeal panel formed.
• MNA shares and sends copies of the appeal.
• Parties and PC comments submitted.
• Any outstanding appeal documents to be made available to MNA.
• Rules clarification from the OA (if required).
• MNA shares and sends updated copies of the appeal.
• Parties and PC comments submitted.
• Appeal is heard or the protest may be reopened.
• A reopened protest
• Decision will be handed down.
• Notification
Regional Judge Seminar46
Responses to an Appeal
Australian Sailing |
• Included in 2017-2020 rules for first time and updated in 2021-2024 rules
• Rules: Definitions-Party, Support Person; 1; 4; 6; 47; 60.3; 62.1; 63.9; 64.5; 69
• Accredited coaches rarely cause issues
• They serve the competitors so deserve respect
• Support boats provide additional safety
• Note restrictions in Sailing Instructions
• Restricted areas during racing must be well defined
• Parents may simply not know, so explain
Regional Judge Seminar48
Support Persons
Australian Sailing |
• RRS Definitions: “Support Person”
• RRS 1.1 Support persons shall give all possible help for person/vessel in danger
• RRS 4.1(b) Support Person agrees to accept rules, and under RRS 4.2 the competitor
agrees that their support persons are bound by the rules
• RRS 4.3(d) Competitor to ensure Support Person aware of rules
• RRS 6 Support Persons bound by WS regulations
• RRS 47 Trash disposal
• RRS 63.9 Hearings – Support Persons
• RRS 64.5 Decisions concerning Support Persons
Regional Judge Seminar49
Support Person Rule Breaches
Australian Sailing |
• As a result of a previous hearing:
• Rule 2 penalty or
• Rule 69 disciplinary action
• New World Sailing case 138
Regional Judge Seminar51
Fair Sailing or Misconduct
Australian Sailing |
• Can be applied alone
• Must be CLEARLY ESTABLISHED
• Boats, PC, TC and RC can protest under RRS 2
• Penalty is DNE
• As the Penalty options and stigma may not be as severe, expect this rule to be found
broken more often!
Regional Judge Seminar52
Rule 2 – Fair Sailing
Australian Sailing |
• Addresses behaviour of competitors, not of boats
• Rule 69 is a procedural rule, it cannot be broken by a competitor
• Not protestable
• PC may act on report or observation
Regional Judge Seminar53
Rule 69: Misconduct
Australian Sailing |
• May be from any source, including an interested party
• Does not have to be in writing
• May be in any form, for example:
• Social media – Facebook/Instagram
• Video/Youtube
• Protest form
• Testimony in a hearing
Regional Judge Seminar54
Rule 69: Report to PC
Australian Sailing |
• PC must decide whether or not to call hearing:
• May interview reporter or accused
• Consider other information as needed
• PC should seek guidance from AS or local IJ before proceeding
• If yes, PC must inform competitor in writing of:
• Time and place of hearing
• Statement of allegation
• Special procedures if investigator appointed
Regional Judge Seminar55
Rule 69: Hearings
Australian Sailing |
• PC’s Structure and Actions:
• Must have at least 3 Protest Committee Members.
• If a club event, consider getting different judges.
• May issue warning or penalise.
• Any penalty must be within PC’s jurisdiction.
• Report penalty to the National Authorities (NA):
• Do not report warning.
• NAs: competitor, venue, boat owner.
Regional Judge Seminar56
PC’s Actions in Rule 69 Hearings
Australian Sailing |
• Gain racing experience and rules knowledge.
• Gather broad PC and Jury experience.
• Proficiency in English.
• Support policies of Australian Sailing.
• Establish a Judicial temperament and Physical capability for on-water Judging.
• Within last 4 years:
✓Participate in a RJ seminar and pass the exam (first appointment).
✓Be performance assessed.
✓Submit an accreditation application form (available on the as website).
https://www.sailingresources.org.au/officials-volunteers/nop-accreditation-forms/
62
How to become an Australian Sailing Regional Judge
Regional Judge Seminar
There is no set order to
achieving all of this.
Each of you will be at
different levels of these skills
and requirements
Australian Sailing |
• 1.0 Temperament & Behaviour
• Understands how to dress appropriately while acknowledging any applicable club dress codes at all
times
• Display a cordial and polite manner, whilst keeping appropriate physical and social distances from
competitors, coaches and team leaders.
• Attend hearings and meetings punctually.
• Demonstrate lack of prejudice to all competitors - either negative or positive.
• Demonstrate empathy with competitors.
• Keep calm under stress making timely accurate decisions and communicates succinctly.
• Willing to work within a team, listening and taking into account fellow jurors’ opinions and
observations.
• Able to maintain good relations with colleagues, organisers and Race Committee.
• Display respect for property, vessel, equipment etc, which may belong to another
organisation/person.
Regional Judge Seminar63
Practical Judge Assessment
Australian Sailing |
• 2.0 Rules Knowledge
• Demonstrate a good knowledge of the Racing Rules of Sailing (RSS) and a
proper understanding of their definitions and application.
• Recognise the principles of the RRS 14, 15, 16.
• Demonstrate a willingness to accept the RRS as written, including NoR and Sl’s..
• Comment on and recommend changes to the NoR or SI’s and ensure they comply
with the requirements in the RRS (Appendix J, K, L,).
• Identify all the RRS that have been broken within a hearing (or arbitration).
• Identify the precise moment of rule transition.
• Identify situations where redress or exoneration is appropriate.
• Find and link Case Law to the situation and apply it correctly.
Regional Judge Seminar64
Practical Judge Assessment
Australian Sailing |
• 3.0 Hearings
• Follow the correct procedures to facilitate arbitration
• Ask pertinent questions based on getting to the relevant facts.
• Demonstrate the ability to identify, sequence and record the key facts.
• Uses internationally acceptable terminology to expresses an opinion that
contributes meaningfully to the discussions in the jury room.
• Successfully identify the primary RRS that have been broken.
• Come to a logical conclusion and a proper decision.
• Accept a majority decision.
• Accurately explain the outcome of the hearing to the parties.
Regional Judge Seminar65
Practical Judge Assessment
Australian Sailing |
• 4.0 Chairing Hearings
• Choose suitable location, equipment, notice boards, and Protest Committee Members for hearings
• Suitably assigns task such as scribe, witness getter and other tasks to PC Members
• Welcomes correct parties and observers (if applicable), and introduces PC members.
• Exercise an awareness of conflict of interest issues (RRS 63.4) and resolves any related matters
that might arise after asking Parties if they object to any PC members.
• Demonstrate empathy with competitors.
• Deals with validity issues and satisfactory resolves any questions and with PC reaches appropriate
decision.
• Follows correct procedure for conducting the hearing, taking evidence from parties and any
witnesses. (Acknowledging RRS Appendix M).
• Directs or assists PC members as needed in reaching a decision and identifies any relevant World
Sailing cases.
• Completes appropriate paperwork for posting of hearing results and notifying scorers and other
relevant people.
Regional Judge Seminar66
Practical Judge Assessment
Australian Sailing |
• 5.0 Communications
• Listen and take into account fellow jurors’ opinions and observations
• Succinctly express an opinion that contributes meaningfully to the discussions in
the jury room.
• Communicate clearly and calmly with colleagues, competitors and organisers
using internationally acceptable terminology.
• Accurately recall and describe an on-water incident after the event, both afloat
and ashore. (If applicable) .
• Communicate with the Scorer and prepare a scoring change form.
• Treat all Jury Room matters as highly confidential and refrain from unauthorised
communication with the competitors, media or external parties.
Regional Judge Seminar67
Practical Judge Assessment
Australian Sailing |
This concludes the seminar:
• Enjoy the Journey.
• Consider who you know that can help you – as a mentor.
• Have fun and good luck!
Regional Judge Seminar68
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