Natalie Smith v Shooting Australia

Natalie Smith initiated an appeal against Shooting Australia (SA) regarding her exclusion from the World Shooting Para Sport (WSPS) World Cup New Delhi events. SA had notified Ms Smith on 31 January 2024 that she was not selected for the R3 and R6 events, citing her lack of Minimum Qualification Scores (MQS) and her ranking below two or more Australian athletes in both events. The WSPS WC New Delhi team was announced on SA’s website on 26 February 2024. Following this, Ms Smith sought reasons for her exclusion on 5 February 2024, to which SA responded on 7 February 2024, reiterating the MQS requirement. Ms Smith subsequently appealed the decision on 14 February 2024, prompting SA to commence an urgent appeal to the Tribunal on 19 February 2024.

The central legal issue before the Tribunal was whether the "Minimum Qualification Score" (MQS) in the 2024 Selection Criteria was equivalent to the "Minimum Performance Standard" (MPS) in the 2023 Selection Criteria. The Tribunal examined whether these terms could be used interchangeably, impacting the selection process and Ms Smith's eligibility. The Tribunal's reasoning focused on interpreting the selection criteria and the consistency of the terminology used across different years. The Tribunal considered the implications of the terms' interchangeability on the fairness and transparency of the selection process. Ultimately, the Tribunal concluded that the terms were not interchangeable, thereby affecting Ms Smith's eligibility for the events.

The Tribunal determined that the MQS and MPS were not the same, leading to Ms Smith's exclusion being upheld. The Tribunal found that the selection criteria were clear and consistent in their application. Given the imminent commencement of the WSPS WC New Delhi, the Tribunal dismissed the appeal, affirming SA's decision. The Tribunal highlighted that the criteria were designed to ensure a fair and competitive selection process, which Ms Smith did not meet due to the lack of required MQS.

The Tribunal's final order was that the appeal brought by Ms Smith against SA was dismissed, and the decision to exclude her from the WSPS WC New Delhi events was upheld. The Tribunal emphasized the importance of adhering to the established selection criteria to maintain fairness and transparency in the selection process.