Belooussov was first notified of the sanction made against her on June 12, 2024. She was given a six-month supervision order and made to undertake training sessions and attend six meetings with the federation. When she disputed the sanction, the federation referred the matter to the tribunal.
In making its submissions, the federation referred to the 2021 Australian Human Rights Commissionโs independent review into gymnastics as a reason why it was committed to transforming the culture in the sport.
But in his judgment, Bruce Collins, KC, said the federationโs report was a travesty and should never have found any of the claims against Belooussov were true.
โI have worked in detail through each complaint in this case with a thoroughness which has left me with a sense of disbelief that charges such as this have been made the subject of two detailed formal investigations and ultimately a full arbitration with three or more directions hearings,โ he said.
โThe seven complaints made are based upon trifles which in turn became imaginary slights when applied to a busy no-nonsense high-performance coach who was getting on with her job and attending to other athletes as well.โ
Collins went further to say that the federation did not understand its obligations under their agreement to be governed by the tribunal. It did not hire lawyers, and Collins said it failed to understand its duties to all members, including coaches.
โIt is surprising that the body which initiated and progressed 12 serious charges which challenged the professional quality and integrity of Mrs Belooussovโs work should, in effect, make no independent attempt to support those charges when given the opportunity to do so,โ Collins said.
โIt is rare in the legal world that you ever read such a decision.โ
Andrew Croxford, Olga Belooussovโs lawyer
โSuch a failure was not in accord with the critically important structure initiated by the federal government for the purpose of a rules-based approach to the fair resolution of sporting disputes and the sensible, practical foundation for the fair and proper resolution of sporting disputes.โ
Belooussov hired a lawyer, Andrew Croxford, who said he had never read a judgment so damning, let alone one directed at a government-funded sporting body.
โIt is rare in the legal world that you ever read such a decision,โ he said. โThere is a personal toll in responding to and having a matter like this hanging over your head. We were pleased with the outcome. Olgaโs name has been cleared.
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โThe decision also has significant precedential value in that it stands as an example for sporting bodies of what not to do in matters such as these.โ
A spokesperson for the federation supplied a statement, which in part read: โGymnastics Australia was disappointed with the outcome and the comments made by the arbitrator within the decision.
โHowever, with reflection and consideration, several internal changes have been made since this decision was published that include an internal sports lawyer on staff who oversees the operation of integrity matters โฆ Gymnastics Australia wants to reassure all gymnasts that we are here to listen and to encourage them to have their voice.
โWe will continue to respond to the complaints we receive and work to ensure outcomes are appropriate and bring long-term solutions for all gymnasts to feel safe, welcome and included in gymnastics activities.โ
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