Anti–doping | TUE Appeals | Appeals |Other sports-related disputes | Pro-bono lawyer scheme

Appeal by athlete against a decision denying a therapeutic use exemption (TUE)

An athlete may be able to appeal to the Sports Tribunal against a decision of an organisation denying the athlete a therapeutic use exemption, depending on the relevant anti-doping policy or rules applying to the athlete.

Most NSOs in New Zealand have adopted the Sports Anti-Doping Rules (made by Drug Free Sport) as their anti-doping policy. Under the Sports Anti-Doping Rules (2009) decisions of Drug Free Sport New Zealand denying therapeutic use exemptions, which are not reversed following a review by WADA, may be appealed to the Sports Tribunal.

However, under the Sports Anti-Doping Rules, an athlete who wants to appeal such a decision to the Sports Tribunal has to be an athlete other than an “International-Level Athlete”. International-Level athletes cannot appeal to the Tribunal and they need to instead appeal directly to the Court of Arbitration for Sport (CAS).

Appeals against decisions of WADA reversing the grant or denial of a therapeutic use exemption (whether being appealed by the athlete or Drug Free Sport) also need to be made to CAS.

Steps in TUE appeals

1. The athlete bringing the appeal (the appellant):
   • files the Notice of Appeal from Decision Denying Therapeutic Use Exemption (Form 10) with the Tribunal and
   • serves a copy on the organisation denying the therapeutics use exemption, which will usually be Drug Free Sport (the respondent).
     
2. The Registrar acknowledges receipt of the application and advises the Tribunal that proceedings have been commenced.
   
3. The respondent (within 7 working days of receiving the Notice of Appeal):
   • files a Statement of Defence (form 11) with the Tribunal
   • serves a copy on the appellant
     
4. The Tribunal may hold a pre-hearing conference to discuss what needs to be done leading up to the hearing.
   
5. Any further evidence or submissions, as required by the Tribunal, are provided before the hearing.
   
6. The hearing is held.
   
7. The Tribunal decides the appeal and makes orders (if appropriate).