FIT Player Eligibility Policy
Introduction
- Player eligibility for international sporting competition can be a complex and often emotive issue. The defining elements are at the very heart of global competition and key issues involved in ascertaining eligibility include aspects of nationality, passport, residency, place of birth, playing history, the respective country’s selection process and even a player’s gender, birth date and age.
- A player’s eligibility to represent a country requires some form of direct link between the individual and the represented country. The International Court of Arbitration for Sport (CAS) has ruled that Legal Nationality and Sporting Nationality may be “different”, one defined in Public Law and the other in Private Law.
- The Federation of International Touch, therefore, has the authority to decide eligibility criteria for participants in the sport in the international arena as governed by the Federation and NTOs. Specific eligibility criteria may differ from Legal Nationality and should be subject to any internationally endorsed anti-discrimination or equality policies. The focus of this Eligibility Policy is that the criteria are both fair and equitable to most.
- The Federation also agrees that the basis of International Sport should be just that, about individuals competing for their country against individuals from another country and any competing national team should be a representative national team organized by the national governing body of the relevant National Touch Organisation (NTO).
Application
- This policy applies to all Federation Events attracting test caps where National Touch Associations (NTOs) play against each other.
- This policy applies to all players competing at any Federation Event. NTOs are responsible for ensuring all individuals representing that Member meet the eligibility criteria prior to participating in a Federation Event.
- NTOs are encouraged to apply this policy to all events that are not afforded Federation Event status.
- This policy does not apply to officials, coaches, referees, or support staff.
Definitions
- Junior international representation
- means any person who represents a National Touch Organisation such match being sanctioned and recognised by FIT and the NTO in which that person is under 18 years of age. A player is not bound to represent the NTO once that player reaches 18 years of age. A player who has reached 18 years of age must meet the eligibility criteria as detailed in clause (2).
- FIT
- is the acronym for the Federation of International Touch.
- FIT Authorising Officers
- means any person mandated by FIT to Validate a player’s eligibility to play International Touch.
- Continuous Resident
- An individual who has maintained their domicile in one Country or territory except for short periods of absence away from the normal place of residence for holidays, business travel or similar short trips. When defining the permitted length of a period of absence, the guideline of “a few weeks but no longer than a few months” is to apply.
- Grandparent
- means either a biological/blood grandparent or the parent of the player or a person who has adopted the player in accordance with the legal or recognised requirements of the country concerned. Indigenous accepted practices on adoption will be recognised. For the avoidance of doubt, it is possible for a player to establish eligibility pursuant to Rule (2) through a parent of an adopted parent.
- NTO
- is the acronym for a National Touch Organisation.
- Parent
- means either a biological/blood parent of the player or a person who has adopted the player in accordance with the legal requirements of the country concerned. For the avoidance of doubt, it is possible for a player to establish eligibility pursuant to Rule (2) through a parent of an adopted parent.
- Passport
- is an official document issued by a government department certifying nationality, the status of an individual in respect of a Country and used by an individual for international travel.
- Principal place of Residence
- means a place or location in which a player has their primary home for each of the
following.
(i) Tier one nation two years
(ii) Tier two nation two years
(iii) Senior division player two years
immediately prior to FIT Sanctioned events and subsequent to establishing his/her initial residency eligibility and playing for the NTO of choice can represent that NTO regardless of residency status. For full-time students who are residents in another NTO, the period spent studying abroad can be determined as temporary absences(s) that will not affect the eligibility period concerned. For the avoidance of doubt, the calculation of the respective period of residency shall commence from the day on which the player’s eligibility becomes active and cannot include any period forward of such eligibility date. - Stand Down Period
- means the 2-year period required for a player wishing to represent another NTO. The Two year Period commences from the last date that a player represented an NTO that he/she has most recently represented.
“FIT will group International Bi-Annual tiered tournaments (eg Regional Championships or Trans Tasman Series). They will require a full tournament stand down where the dates between editions do not link to the 2-year window. This will be made clear in the tournament entry and eligibility documents.”
- Tier One Nation
- means any nation determined to be a Tier One Nation by FIT
- Tier Two Nation
- means any nation determined not to be a Tier One Nation by FIT
Eligibility
- A Player is eligible to play an international match for
- The nation in which the player is born.
- The nation in which either of the player’s parents was born.
- The nation in which either of the player’s grandparents was born.
- The nation which is the player’s principal place of residence
- a player who maintains eligibility for both a tier-one nation and a tier-two nation must nominate
which nation the player elects to play for in an international event prior to the closing date
for final registrations for that event. A player from a tier-one nation not selected for that
nation can represent a tier-two nation that they are eligible to represent without needing to
meet the two-year stand-down period. Such players would be able to be available for selection by
their original nation at the next event that the nation participates in.
- Tier one nations are required to declare which dual-qualified players have been selected for the international event final squads a minimum of two weeks prior to the closing date for final nominations.
- Tier one nations are required to declare which dual-qualified players have been selected for the international event squads a minimum of three months prior to final nominations for the international event.
- Should such selection not be notified by the tier-one nation three calendar months prior to the final nominations closing date then the player may only represent his /her elected tier-two nation in the international event.
- When a player is named in the final team and earns a test cap for a nation according to the eligibility rules, he/she is deemed to have elected to play for that nation. For the avoidance of doubt, selection for a domestic representative match does not constitute a commitment to International event matches for such a nation.
- A player who has been selected and earned a test cap for a nation cannot then elect to represent another nation in the same tier level in the same calendar year.
- Pursuant to Rules (2) and (2.8) a player may change from a tier two to another tier two for which he /she is eligible, with the approval of FIT and subject to the condition that a player may only make one such change in the stand-down two (2) year period. The two-year period starts from the final completion date of the competition of any previous selection.
- Pursuant to rule (2.8), a player is entitled to move between a tier one and a tier two nation freely save that a player may not change their national team during an international event inclusive of any international test matches in which that player is participating and may only represent one nation during an international event.
- The burden of proof in establishing eligibility is on the player and the nation they wish to represent. If a player plays for an international match for a national team that he/she is not eligible to represent both the player and the national team that selected him/her may be guilty of misconduct.
- Where a player considers that he/she is eligible to join a national team squad based on rule (2) above before he/she joins that squad, he/she shall provide proof to the nation wishing to select him/her and FIT. In the case of eligibility under rules (2.1), (a), (b), (c), (d) and (e) the player shall provide the Nation and FIT with a copy of the relevant birth certificate, passport, evidence of residency, evidence of parent or grandparent and /or employment.
- Where a player is not able to provide a copy of the relevant birth certificate, passport, parentage or grandparentage, or evidence of residency the matter shall be referred to the relevant FIT Authorising Officer and the player shall only be entitled to represent the national team if he/she can provide satisfactory evidence to FIT Authorising Officers that the player is eligible to do so. Affidavits by a player will not be considered satisfactory evidence.
- Nations shall promptly, before or upon the requested date, provide FIT with a copy of any evidence they have relied on pursuant to rules (2) and (3). Where a nation fails to do so, or FIT does not consider the evidence satisfactory, the relevant player shall not be entitled to represent that national team.
- In the circumstances set out in rule (8) above or in the event of the eligibility of a player to represent a nation being uncertain or in dispute, upon the written request of any member organisation of FIT, it shall be referred to the Event management team leader for determination. The decision of the Event Management team leader shall be final and binding and not subject to appeal.
- A player shall be considered eligible under rule (2) (a), (b), (c) if the relevant qualifying Nation no longer exists as a sovereign state or political entity (State). Where a qualifying birth certificate refers to a former state a player may nominate the nation he/she wishes to represent from FIT-recognised NTOs that constitute that former state.
- Once a nomination of a nation under rule (12) is made, a player may not change the nomination to another NTO. A player eligible to play for more than one nation is still entitled to change his/her nation in accordance with this rule but their new nation cannot be a former entity of the previous state.
Age Criteria policy
Age criteria in relevant divisions. It is normal for “Senior” divisions to specify a minimum age by the year of competition or a minimum year of birth. It is normal for “Youth” divisions to specify a maximum age by the year of competition or a maximum year of birth. Tournament regulations will specify the criteria, and
- For over age competitions is “A player must have reached the required age by 31st December in the year preceding the tournament”
- For underage Competitions is “A Player must be under the required age at 31st December in the year preceding the Tournament”
Clearance Procedures
The following clearance procedures apply should an individual wish to change intended representation to a new NTO.
- An individual initially must apply for clearance by completing the Clearance Application Form online, together with any supporting documentation not less than four (4) months prior to the respective Federation Event.
- The Federation-appointed person will then seek written comment from the national governing body of the individual’s current NTO followed by the national governing body of the individual’s intended new Member NTO.
- Following consideration of the matter the Federation-appointed person will advise the individual and both NTO national governing bodies of relevant NTO’s of the decision in writing.
- The Federation-appointed person is to maintain a record of all clearance application requests and associated decisions.
- An individual may appeal the decision of the Federation-appointed person to the Federation Board in accordance with the Federation Judiciary Policy. The Board may appoint a Federation Appeals Panel to determine the appeal on its behalf. Any such appeal must be lodged with the Federation-appointed person within 7 days of notification of the decision.
- Solely where a decision is made by FIT in accordance with clause 2.5 the details of such decision shall be published by FIT into the public domain to ensure the transparency of decision-making is maintained.
Sanctions for Policy Breaches
- Should a Member NTO be alleged to have allowed an ineligible individual to represent that NTO
and participate in any match during any Federation Event and eligibility is not proven by the
individual the Federation (or any individual or committee appointed by the Federation) may take
appropriate action. Penalties that may be imposed include, but are not limited to the following:
- Deduction of competition points; and / or
- Monetary fines; and / or
- Banning of individuals from competitions or remaining matches; and / or
- Banning of teams from competitions or remaining matches; and / or
- Combination of any of the above.
Protests and Appeals
- A National Touch Organisation may protest to the Federation appointed person or to their appointee, or to any Tournament Judiciary to consider such matters, about an individual either intending to Represent or who is Representing or has Represented another NTO at a Federation Event. Any eligibility protest must relate to the eligibility criteria detailed in paragraphs 4.1 to 4.3. Further details will normally be included in Event Rules and Regulation documents.
- Any eligibility protest must be submitted using the Player Eligibility Protest Form distributed in the event information package and must be submitted within thirty (30) minutes of completion of the game in which the alleged transgression occurred. The protest circumstances are to be clearly advised and the available evidence is supplied at the time of submission.
- The Federation appointee, through the respective Tournament Judiciary will consider the matter and will advise all associated NTOs and the individual concerned of the decision without delay.
- The complainant National Touch Organisation may appeal the Federation-appointed person’s decision to the Federation Board to determine an appeal in accordance with the Federation Judiciary Policy.
- Any matter of interpretation, or matter not provided for in this Policy, will be determined by the FIT Board.
Policy History / Approval/Application
- This policy was approved by the FIT Board on. 24th November 2022
- This policy, and any subsequent amendment of this policy, will take effect immediately upon communication of the same to NTO/NTOs through the FIT Digital Identity mailbox.
- National Touch Organisations are responsible for the appropriate application of this policy.
- The policy is due for review in December 2023.
Index of Decisions
Any eligibility decisions that FIT publishes into the public domain will be indexed below.
- 11 December 2018 – 3rd Change of Representation (Brian Adams)
Authorisation
This document has been authorised by: