Australia, April 13 -- New South Wales Land and Environment Court issued text of the following judgement on March 13:

1. This is a review of a decision of the Combat Sports Authority, the first respondent in these proceedings ("Authority"), to make a general prohibition against the applicant for a period of three years. That order prohibits the applicant from attending certain premises related to combat sports activities for a period of 3 years.

Background

2. The applicant was registered as a combatant under s 13 of the Combat Sports Act 2013 (NSW) ("Act"). That registration ran for three years from 5 June 2019 to 5 June 2022. He is an Australian champion.

3. The applicant's brother was a competitor in a boxing match on 23 September 2023. The applicant attended as a spectator.

4. After the match had commenced, the applicant was seen leaning against the boxing apron. The boxing apron was in the contest area. Two boxing referees told the applicant to step away from the boxing apron. They were a male referee and a female referee.

5. The applicant then threw a bottle of water at the male referee. The applicant also allegedly elbowed the female referee causing her to move backwards and hold her chest. The applicant was then observed walking over to the male referee and shoving him. A number of videos, positioned at different vantage points, recorded these events and were viewed by the Tribunal.

6. On 25 September 2023, the applicant was arrested and charged with an offence of common assault. That charge concerned contact with the male referee and was brought under s 61 of the Crimes Act 1900 (NSW).

7. On 16 December 2023, the Authority issued a notice to the applicant requiring him to show cause as to why a general prohibition order for a period of five years should not be made against him pursuant to s 75 of the Act.

8. On 16 January 2024, the applicant entered the plea of guilty at the relevant local court. The local court imposed a sentence of a conditional release order without conviction, for a period of two years pursuant to s 10(1)(b) of the Crime (Sentencing Procedure) Act 1999 (NSW).

9. On 16 January 2024, the Authority issued the applicant with a penalty notice alleging contravention of the Act, an official caution pursuant to s 19A of the Fines Act 1996 (NSW) and a notice of decision refusing the applicant's application for registration as a combatant in the class of Professional Boxing on the grounds that he was not a "fit and proper person".

10. On 23 January 2024, the Authority re-issued the notice to show cause on account of an issue with service of the earlier notice. The notice proposed a general prohibition order for a period on 5 years.

11. On 13 February 2024, the applicant's representative wrote to the Authority providing an outline of the applicant's submissions, a psychological assessment report, an unsigned letter of apology from the applicant and character references. This was followed by oral submissions.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19587e8f26a5331ea48f42f9)

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