Malaysia – Procedures In The Application Of Disputes Or Complaints In Sports Bodies.

Introduction

Recently, the Commissioner Of Sports Malaysia released a circular on the procedures in application of disputes or complaints in sports bodies (“the said Circular”). It aims to provide a guideline with regards to handling the relevant disputes or complaints in sports bodies pursuant to Section 23 of the Sports Development Act 1997 (“the SDA 1997”). Section 23 of the SDA 1997  provides as follows:-

23. Internal procedure for resolution of dispute 

Every sports body shall resolve any dispute arising amongst its members or with its committee or governing body in accordance with the internal procedures prescribed in the regulations.

Moving onto its content, the following are the procedures laid out in the said Circular.

Application Procedures

1. An application may be made to the secretary of the sports body or the governing sports body (“the said Secretary”) by filling up the prescribed Form 1 (“BA1”). The form can be downloaded at the official website of the Sports Commissioner’s Office, https://pps.kbs.gov.my/my/
2. Upon completion, the form shall be delivered to the said Secretary by way of regular post, registered post, by hand or email. Submission of BA1 must be supplemented with the relevant documents for the application (if any).
3. The application shall be recorded in an orderly and complete manner according to any method deemed appropriate by the said Secretary upon the receipt of BA1.
4. The said Secretary must inform any relevant committee, executive committee or any other management committees of that sports body upon the receipt of the complaint. A committee (“the said Committee”) must be established within 21 days to hear the complaint.
5. The chairperson of the said Committee shall set a date, time and place for such hearing within 60 days from the establishment of the said Committee.
6. In furtherance, the relevant procedure for resolving an internal complaint of a sports body may be referred to the Sports Development (Internal Procedures for Resolving Disputes Within Sports Body) Regulations 2022. 

Decision and Notification of Hearings 

According to the said Circular: 

1. The said Committee must submit the decision of the complaint to the Commissioner of Sports within 30 days after such decision is made. Notification of such a decision can be made by way of regular post, registered post, by hand, email or any other method that deems fit.
2. All complaints must be resolved by the said Committee within three years from the receipt of BA1 by the said Secretary. 

In summary, the procedure is laid out in the flowchart below:

Failure to comply with the procedure

Paragraph 14 of the said Circular provides that any failure of any sports body in complying with the regulations and procedures to resolve any complaint may face punishment by way of suspension of registration by the Commissioner of Sports under  Section 20 (1A)(b) and (d) of the SDA 1997 which stated as follows:-

20. Revocation or suspension of registration by Commissioner

(1A) The Commissioner may suspend the registration of a sports body if the Commissioner is satisfied that the sports body― 

…

(b) contravenes any regulations made under this Act; 

…

(d) is uncooperative or obstructive in the implementation of the regulations, policies or guidelines made under or pursuant to the powers under this Act; or

…

In conclusion, the said Circular released by the Commissioner of Sports provides a clearer picture to the public or any other person to address such complaints within sports bodies. It is the responsibility of sports bodies to resolve the matter amicably by adhering to the procedures laid out, without the need for further litigious actions that may incur more costs.