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Validity of Flic's Termination from the Club

Whether Flic’s termination is valid depends on whether Flic’s admitted offences violate the rules of the Club. The Club rules indicate that one is eligible for termination if they are found to have any anti-doping violation and failure to comply with the club rules. Here, Flic has not been proven to have any anti-doping violation, nor a failure to comply with any Club rules.

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All the charges labeled against Flic are baseless and do not warrant his termination. For instance, while Flic has admitted that she has had a criminal record i.e. drinking and driving, the rules do not stipulate such criminal record as an offence warranting termination. Whereas the Director claims that Flic was using prohibited substances, the fact that the enzymes and organ tissues do not constitute prohibited substances; and the fact that the Director has no discretion to determine what ‘prohibited’ substances are makes it unfair to terminate Flic’s membership based on the claim that she is on prohibited substances.

However, Flic has also been accused of using poor condition gear, yet the Director only has the powers to determine the type of acceptable gear and not the condition of the gear. Therefore, Flic has the right, and considerate basis to appeal the Director’s termination decision and argue out her case; but she has to do so within 28 days after receiving the termination letter otherwise her appeal will be considered invalid.

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Whether the Attorney-General is right to decline Hallel’s request to appoint any person under regulation 2A depends on whether the law compels Attorney-General to do so. Here, the law only stipulates that the Attorney-General may authorize a person, through writing to allow the importation of goods prohibited by the Customs (Prohibited Imports) Regulations 1956. Therefore, whereas Hallel has requested the Attorney-General to make an appointment, the Attorney-General can only make the appointment at his discretion. This implies that Hallel has no right to force the Attorney-General to make the appointment. Furthermore, there is no indication that the Attorney-General’s failure to make an appointment would violate Hallel’s rights either as an individual or as an employee. Nonetheless, Hallel has the rights to seek legal redress on the issue, which must prove on strong grounds that the Attorney-General’s failure to make an appointment violates the Australian Constitution or employee rights. Therefore, based on the Customs (Prohibited Imports) Regulations 1956, Hallel has no remedies to his case.

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