DISCIPLINARY MATTERS

Karting Australia and our Affiliated State Associations are responsible for the management of disciplinary matters within the sport of karting.

The purpose of our disciplinary rules, which can be found in the AKA Ltd National Competition Rules (“Disciplinary Rules”) is to provide clear and uniform procedures across all States and nationally for handling disciplinary matters.

The AKA Ltd Constitution also contains disciplinary provisions that are separate from the Disciplinary Rules referred to above that are exercised solely by the Board of AKA Ltd. (“Board Discipline Procedures”.)

The Disciplinary Rules (which contain rules dealing with the rights of appeal) are based on the judicial and disciplinary provisions of the FIA CIK and CAMS which are acknowledged as best practice of motorsports’ both nationally and internationally. We are confident that they provide our members with a fair, robust and consistent approach to disciplinary matters.

Past Cases

In the interests of transparency, Karting Australia publishes the decisions of all national Disciplinary Tribunals and Appeal Tribunals (save, generally for the simple application of penalties emanating from Steward’s hearings) unless there are exceptional circumstances in which it is considered inappropriate to publish. Once a case of misconduct has been through the full disciplinary process, details of the case will be published here.

Name: Karting (NSW) Inc. (KNSW)
Misconduct: That the conduct of KNSW through the actions of its Board and/or agents and/or representatives has brought the sport of karting into disrepute and that such actions constitutes misbehaviour within the sense contemplated by Rule 3(b) of AKA’s Constitution and/or conduct that renders KNSW not being of fit and proper character to remain a member of AKA Ltd.
Determined By: The AKA Ltd. Affiliated State and Territory Karting Associations (Ordinary Members) at a Special General Meeting of AKA Ltd that was called under a formal request from Ordinary Members under Section 249D of the Corporations Act 2001.
Sanction: The State Associations voted overwhelmingly in favour of two resolutions listed for consideration at the SGM, which were:

1. Whether the conduct of Karting NSW through its Board, agents, and/or representatives constituted misbehaviour or had resulted in KNSW bringing the sport into disrepute, and whether or not that conduct had rendered KNSW as not fit and proper to be a member of AKA Ltd.; and

2. Whether or not Karting NSW should be expelled as an Ordinary Member of AKA Ltd.

KNSW are expelled and immediately cease to be a member of the AKA Ltd.; and

KNSW member Clubs immediately cease to be Associate Members of AKA Ltd.

Resolved: 21 January 2019
Name: Mr John McCleverty
Misconduct: Breaches of AKA policies, rules and code of conduct that had the potential to bring the sport of karting into disrepute. Further it was noted that the emails contained statements about other members and administrators of Karting Queensland and Karting Australia that were incorrect, derogatory and potentially defamatory.
Determined By: Board Discipline Procedures
Sanction: Suspension: Mr McCleverty be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 10 years with 3 years being held in suspension subject to no finding of further breaches of AKA’s rules and code of conduct.If the Board subsequently finds that Mr McCleverty commits a further breach it will exercise its discretion to activate the further 3 year suspension.Whilst under suspension, Mr McCleverty is not permitted to attend any AKA sanctioned race meetings, or race related events/activities of whatsoever kind except as in the capacity of a spectator.
Resolved: 2 November 2016
Reviewed: 12 November 2018
Review & Findings: Directors considered the complaints of alleged further breaches of AKA policies, rules and code of conduct by Mr McCleverty and his response seeking to explain the nature and context of the attributed statements and conduct. Following discussion, Directors found that the complaints against Mr McCleverty had been proved.

The Board determined to activate Mr McCleverty’s 3-year suspended sentence determined by the Board on 2 November 2016 bringing his total suspension to 10 years.

 

Name: Mr Neville Scullion
Misconduct: Breaches of AKA policies, rules and code of conduct that had the potential to bring the sport of karting into disrepute.Further it was noted that the emails contained statements about other members and administrators of Karting Australia that were incorrect, derogatory and potentially defamatory.
Determined By: Board Discipline Procedures
Sanction: Suspension: Mr Scullion be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 5 years with 2 years being held in suspension subject to no finding of further breaches of AKA’s rules and code of conduct.If the Board subsequently finds that Mr Scullion commits a further breach it will exercise its discretion to activate the further 2 year suspension.Whilst under suspension, Mr Scullion is not permitted to attend any AKA sanctioned race meetings, or race related events/activities of whatsoever kind except as in the capacity of a spectator.
Resolved: 2 November 2016
Reviewed: 12 November 2018
Review & Findings: Directors considered the complaints of further alleged breaches of AKA policies, rules and code of conduct by Mr Scullion and Mr Scullion’s response seeking to explain the nature and context of the attributed statements and conduct. Following discussion, Directors found that the complaints against Mr Scullion had been proved.

The Board determined to activate Mr Scullion’s 2-year suspended sentence determined by the Board on 2 November 2016 bringing his total suspension to 5 years.

 

 

Name: Mr Ralph van Doorn
Misconduct: Breaches of AKA policies, rules and code of conduct that had the potential to bring the sport of karting into disrepute.Further it was noted that the emails and statements made by Mr van Doorn in social media contained statements about other members and administrators of Karting Queensland, Karting Australia and Directors and the CEO of Karting Australia that were incorrect, derogatory and potentially defamatory.
Determined By: Board Discipline Procedures
Sanction: Suspension: Mr van Doorn be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 15 years with 5 years being held in suspension subject to no finding of further breaches of AKA’s rules and code of conduct.If the Board subsequently finds that Mr van Doorn commits a further breach it will exercise its discretion to activate the further 5 year suspension.Whilst under suspension, Mr van Doorn is not permitted to attend any AKA sanctioned race meetings, or race related events/activities of whatsoever kind except as in the capacity of a spectator.
Resolved: 2 November 2016
Reviewed: 12 November 2018
Review & Findings: Directors considered the complaints of alleged further breaches of AKA policies, rules and code of conduct by Mr van Doorn and Mr van Doorn’s submission seeking to explain the nature and context of the attributed statements and conduct. Following discussion, Directors found that the complaints against Mr van Doorn had been proved.

The Board determined to activate Mr van Doorn’s 5-year suspended sentence determined by the Board on 2 November 2016 bringing his total suspension to 15 years.

 

Name: Ms Diana Smith
Misconduct: Breaches of AKA policies, rules and code of conduct that had the potential to bring the sport of karting into disrepute.Further it was noted that the social media posts contained statements about other members, Directors, executives and administrators of Karting Australia that were incorrect, derogatory and potentially defamatory.
Determined By: Board Discipline Procedures
Sanction: Suspension: Ms Smith be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 5 years with 3 years being held in suspension subject to no finding of further breaches of AKA’s rules and code of conduct.If the Board subsequently finds that Ms Smith commits a further breach it will exercise its discretion to activate the further 5 year suspension.Whilst under suspension, Ms Smith is not permitted to attend any AKA sanctioned race meetings, or race related events/activities of whatsoever kind except as in the capacity of a spectator.
Resolved: 2 November 2016
Reviewed: 12 November 2018
Review & Findings: Directors considered the complaints of alleged further breaches of AKA policies, rules and code of conduct by Ms Smith and Ms Smith’s response to the attributed statements and conduct. Following discussion, Directors found that the complaints against Ms Smith had been proved.

The Board determined to activate Ms Smith’s 3-year suspended sentence determined by the Board on 2 November 2016 bringing her total suspension to 5 years.

Member Number: Mr Paul Ash
Member Number: P1016
Misconduct: Has breached:AKA Ltd Policy ES-013 “Social Media Policy” and as a consequence has also breached National Competition Rule – General Rules Chapter 8 Rule 5 t).
Determined By: National Disciplinary Tribunal
Sanction: Fine: $1,000.00; plusSuspension: Mr Ash be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 1 year.

Whilst under suspension, Mr Ash is not permitted to attend any AKA sanctioned race meetings, or race related events/activities of whatsoever kind except as in the capacity of a spectator.

Resolved: 30 May 2017
Misconduct: Has breached:AKA Ltd Policy ES-013 “Social Media Policy” and as a consequence has also breached National Competition Rule – General Rules Chapter 8 Rule 5 t).
Determined By: National Disciplinary Tribunal
Sanction: Mr Ash be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 15 years. This suspension is to become effective from the expiry date of his existing 12 month suspension on 31st May 2018.Whilst under suspension, Mr Ash is not permitted to attend any AKA sanctioned race meetings, or race related events/activities of whatsoever kind except as in the capacity of a spectator.
Resolved: 1 August 2017
Name: Mr David Kent
Member Number: Q1613
Misconduct: Has breached:AKA Ltd Policy ES-013 “Social Media Policy” and as a consequence has also breached National Competition Rule – General Rules Chapter 8 Rule 5 t).
Determined By: National Disciplinary Tribunal
Sanction: Fine: $250.00; plusSuspension: Mr Kent be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 1 month.Additional requirements:· All endorsements other than STA & OLT are revoked.

· An apology is to be posted on Facebook in words approved by the CEO of Karting Australia and all offending Facebook posts are to be removed prior to the licence being reissued.

Resolved: 30 May 2017
Name: Mr Lucas Burt
Member Number: V1258
Misconduct: Has breached:AKA Ltd Policy ES-013 “Social Media Policy” and as a consequence has also breached National Competition Rule – General Rules Chapter 8 Rule 5 t).
Determined By: National Disciplinary Tribunal
Sanction: Fine: $250.00; plusSuspension: Mr Burt be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 6 months.Additional requirements:

· An apology is to be posted on Facebook in words approved by the CEO of Karting Australia and all offending Facebook posts are to be removed prior to the licence being reissued.

Resolved: 30 May 2017
Name: Mr David Plumb
Member Number: V2622
Misconduct: Has breached:AKA Ltd Policy ES-013 “Social Media Policy” and as a consequence has also breached National Competition Rule – General Rules Chapter 8 Rule 5 t).
Determined By: National Disciplinary Tribunal
Sanction: Suspension: Mr Plumb be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 1 week.It was noted that Mr Plumb had shown considerable remorse and contrition for his actions.Additional requirements:

· An apology is to be posted on Facebook in words approved by the CEO of Karting Australia and all offending Facebook posts are to be removed prior to the licence being reissued.

Resolved: 30 May 2017
Name: Mr Greg McLandsborough
Member Number: N4956
Misconduct: Has breached:Vortex Mini Rok Homologation – Number 107H in that the engine used at Round 1 of the NSW Kart Championship did not exhibit the required “Unique “AU” Serial Number”, further that the serial number on the engine matched the “Unique “AU” Serial Number” of another engine used at the same event.
Determined By: National Disciplinary Tribunal
Sanction: Fine: $3,000.00 (partially suspended)It was noted that Mr McLandsborough had shown considerable remorse and contrition and co-operated fully with the Tribunal.
Resolved: 7 June 2017
Name: Mr Peter Taylor
Member Number: N8070
Misconduct: Has breached:Vortex Mini Rok Homologation – Number 107H in that the engine used at Round 1 of the NSW Kart Championship did not exhibit the required “Unique “AU” Serial Number”, further that the serial number on the engine matched the “Unique “AU” Serial Number” of another engine used at the same event.
Determined By: National Disciplinary Tribunal
Sanction: Fine: $3,000.00 (partially suspended)It was noted that Mr Taylor had shown considerable remorse and contrition and co-operated fully with the Tribunal.
Resolved: 7 June 2017
Name: Mr Darren Holliday
Member Number: S849
Misconduct: Has breached:AKA Ltd Policy ES-006 “Member Protection Policy”, ES-013 “Social Media Policy” and as a consequence has also breached National Competition Rule – General Rules Chapter 8 Rule 5 t).
Determined By: National Disciplinary Tribunal
Sanction: Fine: $500.00; plusSuspension: Mr Holliday be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 12 months.

Additional requirements:

· A personal apology is to be provided in writing to the family of the child who was the victim of the behaviour for which Mr Holliday has been found to be responsible.

Resolved: 20 June 2017

 

Name: Mr Steve Westbury
Member Number: P386
Misconduct: Breach of Technical Rules Chapter 1 9c).
Determined By: National Disciplinary Tribunal
Sanction: Fine: $1000.00; plusSuspension: Mr Westbury be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 12 months.
Resolved: 20 June 2017

 

Name: Mr Ken Seeber
Member Number: WA84
Misconduct: Has breached: AKA Ltd Policy ES-013 “Social Media Policy” and as a consequence has also breached National Competition Rule – General Rules Chapter 8 Rule 5 t).
Determined By: National Disciplinary Tribunal
Sanction: Suspension: Mr Seeber be suspended from participating in all AKA sanctioned activities at Club, State and National levels for a period of 12 years.
Resolved: 5 December 2017
Name: Mr Wayne Boden
Member Number: S1327/P205
Misconduct: Has breached: General Rules, Chapter 8 – Rule 5d), Rule 5j), Rule 5m) & Rule 5t)
Determined By: National Disciplinary Tribunal
Outcome: Guilty of breaching General Rules, Chapter 8 – Rule 5d), Rule 5j), Rule 5m) & Rule 5t)
Penalty: 1. Defendant is to write a letter of apology to Karting Australia and the Officials concerned. The letter must be submitted to Karting Australia’s CEO for approval prior to release.
2. Defendant must register for an MPIO Online Course and provide evidence to Karting Australia once registered.
https://www.playbytherules.net.au/online-courses/mpio-online-course
3. Defendants KA Licence S1327 & Participant Licence P205 are suspended until the letter of apology and evidence of registering for the MPIO online course is provided to and approved by Karting Australia.
Resolved: 20 March 2018