Integrity Regulations

Integrity Regulations

CONTENTS

PART A – INTRODUCTION & SCOPE
1. PURPOSE & INTEGRATION
2. COVERED PERSONS
3. JURISDICTION

PART B – PROHIBITIONS & OFFENCES
4. BETTING
5. USE OF INSIDE INFORMATION
6. MATCH-FIXING & COMPETITION MANIPULATION
7. FAILURE TO REPORT
8. COOPERATION WITH AN INVESTIGATION
9. OTHER PROHIBITED CONDUCT

PART C – SANCTIONS
10. INTERIM &PROVISIONAL MEASURES
11. FINAL SANCTIONS
12. MUTUAL RECOGNITION OF SANCTIONS

PART D – GENERAL PROVISIONS
13. OVERALL FAIRNESS
14. RIGHT TO BE HEARD
15. RIGHT TO PRESENTATION
16. BURDEN OF PROOF
17. STANDARD OF PROOF
18. EVIDENCE
19. DEFENCES
20. RECORDINGS OF HEARNINGS
21. CONFIDENTIALITY & PUBLICATION
22. COSTS
23. LIMITATION PERIOD

APPENDIX 1 – DEFINITIONS

APPENDIX 2 – CODE OF CONDUCT

APPENDIX 3 – DISCIPLINARY PROCEDURE
A. PREAMBLE
B. JURISDICTION
C. INVESTIGATIONS
D. THE DECISION TO CHARGE
E. DISCIPLINARY BODY PROCEDURE
F. APPEAL PROCEDURE

PART A – INTRODUCTION & SCOPE
1. PURPOSE & INTERPRETATION
1.1. Acknowledging the danger to sports’ integrity from the manipulation of sports competitions, the
NZESF states their commitment to safeguard the integrity of Esports, including the
protection of clean athletes and competitions.
1.2. Due to the complex nature of this threat, the NZESF recognises it cannot tackle this threat
alone, and therefore cooperation with public authorities, in particular law enforcement and sports betting
entities (operators, regulators and monitoring organisations), is vital.
1.3. The NZESF declares their commitment to support the integrity of sport, and fight against the
manipulation of competitions, by adhering to the standards set out in the International Olympic
Committee’s (“IOC”) Olympic Movement Code on the Prevention of the Manipulation of Competitions,
these Betting Integrity Regulations and by requiring their members to do the same.
1.4. The NZESF shall sanction any act(s) which is found to have breached these Betting Integrity
Regulations in accordance with the NZESF’s Disciplinary Regulations (in force at the relevant
time).
1.5. Definitions for all defined terms used are to be found in the main body of these Betting Integrity
Regulations or in Appendix 1.
1.6. These Betting Integrity Regulations were last reviewed on 07 February 2020, and are in force from 07 February 2020.

2. COVERED PERSONS
2.1. These Betting Integrity Regulations cover all “Participants”.
2.2. Participants are those natural and legal persons who the NZESF has jurisdiction over pursuant
to these Betting Integrity Regulations:
2.2.1. All member [clubs/teams] of the NZESF;
2.2.2. All persons (including but not limited to players, coaches, officials, referees, and officers) who
are members of a club;
2.2.3. All persons (including, but not limited to, players, coaches, officials, referees and officers)
who take part in Esports in any capacity directly or indirectly under the jurisdiction of the
NZESF;
2.2.4. All persons (including, but not limited to, players, coaches, officials, referees and officers)
who have, whether by enjoying any form of licence, accreditation or any other status from the
NZESF, or otherwise, consented (expressly or impliedly) to be bound by these
Regulations; and
2.2.5. All employees and any other workers of the NZESF and their member clubs.

3. JURISDICTION
3.1. The NZESF shall have exclusive competence and jurisdiction over any allegations/breaches of
these Betting Integrity Regulations at whatever level of Esports they occur within Australia and New Zealand.
3.2. Where an individual Participant has been charged with a criminal offence, or is the subject of an
investigation by any law enforcement agency or any other public or other regulatory authority, in respect
of conduct which is or may be grounds for a breach of these Betting Integrity Regulations, the NZESF
shall seek advice from the relevant agency as to whether or not the NZESF should
postpone consideration of the matter under these Betting Integrity Regulations pending the outcome of
any such proceedings/investigation, and as to whether or not in the meantime, an interim suspension
should be imposed pursuant to Regulation 10.
3.3. In addition, the NZESF may at any time during the process notify any law enforcement agency,
or any other relevant external body, of any details relating to the matter as such body may need to know
for the proper exercise of its functions.
3.4. Each Participant shall continue to be bound by and required to comply with these Betting Integrity
Regulations until six months after they no longer qualify as a Participant (the “End Date”).
3.5. Notwithstanding Regulation 3.4, the NZESF shall continue to have jurisdiction over the
Participant under these Betting Integrity Regulations after the End Date in respect of matters taking place
prior to the End Date; and they shall continue to be bound by and required to comply with these Betting
Integrity Regulations after the End Date with respect to the investigation, prosecution and adjudication
of such matters.

PART B – PROHIBITIONS & OFFENCES
4. BETTING
[A Participant must not make or receive a Bet on any Esports match, event or competition taking
place anywhere in the world.
OR
A Participant must not make or receive a Bet on any Esports match, event or competition (a) in
which they [or their team] are competing or may compete during the season; and (b) any competition in
their sport taking place in Australia and New Zealand.

5. INSIDE INFORMATION
5.1. “Inside information” is any information relating to any competition that a Participant possesses by virtue
of his/her position in relation to Esports in Australia and New Zealand, excluding any information already
published or common knowledge, easily accessible to interested members of the public or disclosed in
accordance with the rules and regulations governing the relevant competition.
5.2. No Participant shall use Inside Information for the purposes of Betting, any form of manipulation of sports
competitions or any other corrupt purposes, whether by the Participant or via another person (or entity).
5.3. No Participant shall disclose Inside Information to any person and/or entity, with or without Benefit,
where the Participant knew, or should have known, that such disclosure might lead to the information
being used for the purposes of Betting, any form of manipulation of the NZESF’s competitions
or any other corrupt purposes.
5.4. No Participant shall give and/or receive a Benefit for the provision of Inside Information, regardless of
whether any Inside Information is actually provided.

6. MATCH-FIXING & COMPETITION MANIPULATION
6.1. A Participant must not make any intentional arrangement, act or omission aimed at an improper
alteration of the result, or the course of a sports competition, in order to remove all or part of the
unpredictable nature of the match/competition.
6.2. For the avoidance of doubt, Regulation 6.1 includes the failure of a Participant to perform to their best
efforts, as determined by experts in the sport.

7. FAILURE TO REPORT
7.1. A Participant must report to the NZESF, or a relevant disclosure/reporting mechanism or
authority, at the first available opportunity, full details of:
7.1.1. any approaches or invitations received by the Participant to engage in conduct that could
amount to a violation of these Betting Integrity Regulations; and
7.1.2. full details of any incident, fact or matter that comes to the attention of the Participant (or
of which they ought to have been reasonably aware), including breaches that have been committed
by another Participant, which may be relevant information within these Betting Integrity
Regulations.
7.2. In the event a Participant fails to comply with Regulation 7.1, he/she shall be subject to disciplinary action
pursuant to these Betting Integrity Regulations.

8. COOPERATION WITH AN INVESTIGATION
8.1. A Participant is obliged to cooperate fully with any investigation instigated by the the NZESF
under these Betting Integrity Regulations if requested in writing to do so.
8.2. A Participant’s duty to co-operate includes comply with requests for the following types of information:
8.2.1. copies or access to all records relating to the alleged breach (such as without limitation
telephone records, bank account, credit card and transaction details, internet and email records,
betting account records, computer hard drives and other electronic information storage devices
and documents); and/or
8.2.2. a written statement made by the Participant setting out in detail all of the facts and
circumstances of which they are aware with respect to the alleged breach of these Betting Integrity
Regulations.
8.3. If the accused Participant(s) fails to cooperate, the Disciplinary Body shall reach a decision on the case
using the evidence in their possession. In addition, the Disciplinary Body may apply such failure as an
aggravating factor in accordance with Regulation 11.2.
8.4. It shall be an offence to obstruct or delay any investigation in relation to any possible breach of these
Betting Integrity Regulations by any Participant, including (without limitation) concealing, tampering with
or destroying any documentation or other information that may be relevant to that investigation and/or
that may be evidence of or may lead to the discovery of evidence of conduct which may amount to a
breach of these Betting Integrity Regulations.

9. OTHER PROHIBITED CONDUCT
9.1. A Participant shall not give or receive any gift, payment, hospitality or other benefit (whether of a
monetary value or otherwise) either (a) for the purpose of procuring (directly or indirectly) any breach of
these Betting Integrity Regulations, or (b) in circumstances that could bring him/her or the sport into
disrepute.
9.2. No Participant shall solicit, offer, induce, entice, instruct, persuade, encourage, pay for and/or facilitate
the breach of Regulations 4 to 8.
9.3. Any Attempt by a Participant, or any agreement by a Participant with an Outside Party, to act in a manner
that would be a breach of Regulations 4 to 6, shall be treated as a breach whether or not such Attempt
or agreement was in fact successful.
9.4. A Participant who authorises, causes, knowingly assists, encourages, aids, abets, covers up or is otherwise
complicit in any acts or omissions of the type described in Regulations 4 to 8 committed by their coach,
trainer, manager, agent, family member, guest or other affiliate or associate, shall be treated as having
committed such acts or omissions him/herself and shall be liable accordingly under these Betting Integrity
Regulations.

PART C - SANCTIONS
10. INTERIM & PROVISIONAL MEASURES
10.1. The NZESF has a general right to suspend any individual subject to these Betting Integrity
Regulations on an interim basis or take any other such provisional measures as are felt appropriate
pending the conclusion of an investigation. Such a decision will be taken without a hearing.
10.2. The power in Regulation 10.1 can only be exercised by NZESF, regardless of at what
level of the sport the allegations/breach has arisen, once it has taken into account all of the following
factors:
10.2.1. The level of seriousness of the allegations/breach;
10.2.2. Whether provisional measures are necessary and/or desirable to facilitate the conduct of
any investigation or proceedings by the NZESF or any external body in accordance with
stated in Regulation 3.2;
10.2.3. The potential prejudice to the Participant in imposing provisional measures; and
10.2.4. The potential damage the allegations/breach may cause to the NZESF and/or the
sport.
10.3. At all times, the NZESF must consider the proportionality of any interim action taken.
10.4. The NZESF shall, as soon as reasonably practicable, notify the Participant concerned of the
provisional measures imposed and send notices to any relevant party.
10.5. The Participant may appeal the decision to impose provisional measures by lodging an appeal with
the Single Point of Contact (“SPOC”) for NZESF within two days of notification.
10.6. Upon receipt of an appeal against the imposition of provisional measures, the SPOC will immediately
appoint a member of the Disciplinary Body to act as Chair sitting alone. The appeal lodged will be passed
on to the Chair for their determination within 48 hours.
10.7. Regardless of whether or not an appeal against provisional measures is lodged, the measures shall
be reviewed by the SPOC and a senior officer of the NZESF at appropriate regular intervals,
and in any event not more than monthly, taking into particular consideration the factors outlined in
Regulation 10.2 above and whether the circumstances or facts surrounding a case justify the
continuation of the measures.
10.8. Furthermore, when a Participant is subject to provisional measures, the SPOC will use their
reasonable endeavours to instigate, manage and conclude any proceedings under these Regulations as
soon as reasonably practicable so as to minimise any potential prejudice to the Participant.
10.9. Any breach of the terms of any provisional measures by the Participant subject to them shall
constitute grounds for further disciplinary action under these Betting Integrity Regulations.
10.10. In accordance with Regulation 11.4, if a provisional sanction has been imposed, the duration shall be
offset against any final sanction.

11. FINAL SACTIONS
11.1. Upon finding a breach(es) of the matters set out in Regulations 4 to 9, the Disciplinary Body shall be
entitled to impose such penalties as they think fit. Such penalties may include, but shall not be limited to:
11.1.1. A caution or a warning as to future conduct;
11.1.2. A formal reprimand;
11.1.3. A suspension for a specified number of matches and/or a specified period of time;
11.1.4. An order to pay a fine;
11.1.5. A ban on taking part in any Esports-related activity;
11.1.6. A transfer ban;
11.1.7. Annulment of the result of a match;
11.1.8. Withdrawal of a license or accreditation; or
11.1.9. A deduction of league points, relegation or exclusion or disqualification from any
competition.
In determining the appropriate sanction under these Betting Integrity Regulations, the Disciplinary Body
shall be entitled to take account of aggravating and/or mitigating factors.
11.2. Aggravating factors which may increase the severity of the sanction(s) imposed include, but are not
limited to:
11.2.1.obtaining an undue Benefit for oneself or for others;
11.2.2.the Participant’s status as a repeat offender;
11.2.3.the Participant’s failure to co-operate with the proceedings;
11.2.4.the need for a deterrent to combat a pattern of offending; and
11.2.5.any other off-field aggravating factor that the Disciplinary Body considers relevant and
appropriate.
11.3. Mitigating factors which may decrease the severity of the sanction imposed include, but are not
limited to:
11.3.1.the presence and timing of an acknowledgment of culpability/guilt by the offending
Participant;
11.3.2.the Participant’s disciplinary record and/or good character;
11.3.3.the youth and inexperience of the Participant;
11.3.4.the Participant’s conduct prior to and at the hearing;
11.3.5.the Participant having demonstrated remorse for their conduct, including the timing of such
remorse; and
11.3.6.any other off-field mitigating factor(s) that the Disciplinary Body considers relevant and
appropriate.
11.4. If the Disciplinary Body decides to impose a period of suspension, it shall take into account the length
of any interim suspension already served by the Participant.
8
11.5. In cases of multiple offending, the Disciplinary Body may impose sanctions to run either on a
concurrent or a consecutive basis, provided that the total sanction is in all the circumstances
proportionate to the level of the overall offending.

12. MUTUAL RECOGNITION OF SANCTIONS
12.1. Subject to the right of appeal, any decision and sanction by the Disciplinary Body in compliance with
these Regulations should be recognised and respected by other sporting bodies.
12.2. The NZESF shall respect any integrity-related sanctions imposed by any other recognised
sporting body. If there are any doubts as to the procedure followed by the recognised sporting body who
has issued the sanction, then the SPOC will make the appropriate and necessary enquiries of the
recognised sporting body in question.

PART D – GENERAL PROVISIONS
13. OVERALL FAIRNESS
13.1. The hearings of the Disciplinary Body shall be conducted in a fair and just manner and in accordance
with the fundamental principles of natural justice, whilst recognising that they are not a court of law and
as such the members of the Disciplinary Body, or those appearing before the Disciplinary Body, may not
be legally qualified.
13.2. Therefore, in the interests of achieving a just and fair result, procedural and technical considerations
shall take second place to the overriding objective of being just and fair to the parties.

14. RIGHT TO BE HEARD
The accused Participant(s) has the right to be heard both in writing and orally if such a request is made
to the Disciplinary Officer.

15. RIGHT TO REPRESENTATION
An accused Participant(s) is entitled to be represented or assisted by a person(s) of his/her choice (legally
qualified or otherwise), and that person(s) is entitled to be present throughout the proceedings, except
during the deliberations of the Disciplinary Body.

16. BURDEN OF PROOF
Other than as expressly stated in these Betting Integrity Regulations, the burden of proof rests with the
NZESF.

17. STANDARD OF PROOF
17.1. The standard of proof in all cases brought pursuant to these Betting Integrity Regulations is
comfortable satisfaction.
17.2. Comfortable satisfaction means that, having heard all the evidence and using their knowledge and
experience, the Disciplinary Body believes that the alleged breach has been proven to a standard that is
more than on the balance of probabilities (i.e. it is more likely than not – the civil standard) but lower
than proof beyond a reasonable doubt (the criminal law standard).

18. EVIDENCE
The Disciplinary Body shall not be obliged to follow strict rules of evidence. They may admit such evidence
as they think fit and accord it such weight as they think appropriate in all the circumstances.

19. DEFENCES
19.1. Where a Participant seeks to rely on the existence of a ‘compelling justification’ to justify or excuse
conduct under these Betting Integrity Regulations which might otherwise amount to an offence, the
burden shall be on that Participant to adduce sufficient credible evidence to prove, on the balance of
probabilities, that genuine and powerful reasons exist (or existed) to objectively justify their conduct,
taking into account all the relevant circumstances.
19.2. It shall be a valid defence to any offence under these Betting Integrity Regulations to prove, on the
balance of probabilities, that the alleged offence was committed (and that, where applicable, it was not
reported in accordance with Regulation 7 thereafter) due to the Participant’s honest and reasonable
belief that there was a serious threat to their life or safety, or to the life or safety of any other person.

20. RECORDINGS OF HEARINGS
20.1. The Chair of the Disciplinary Body shall have the power to direct that a hearing shall be audio
recorded.
20.2. If a party objects to a hearing being recorded, they must send their objections in writing to the Chair
of the Disciplinary Body no later than 3 clear days prior to the date of the hearing.

21. CONFIDENTIALITY & PUBLICATION
21.1. Save in exceptional circumstances where the NZESF (acting reasonably) deems it
necessary for the purposes of protecting the integrity of the sport and/or any of its Participants (for
example in circumstances where there is significant damaging and/or incorrect media speculation), the
NZESF shall not publicly identify any Participant who is being investigated or is alleged to have
committed an offence under these Betting Integrity Regulations until he/she has been formally charged,
at which point it shall be entitled to publicly announce the name of the Participant charged and the
offences with which he/she has been charged. Thereafter, the NZESF shall not comment
publicly on the specific facts of a pending case except in response to public comments made by (or on
behalf of) the Participant involved in the case or his/her representatives or where otherwise necessary
to preserve the public's confidence in the ability of the NZESF to fight corruption in the sport.
21.2. Without prejudice to any form of privilege available in respect of any such publication, the NZESF
shall be entitled to publish as it thinks fit and through whatever channel, reports of any proceedings
pursuant to these Betting Integrity Regulations, or any written decision of the Disciplinary Body (in full or
in a redacted form), whether or not it reflects adversely on the character or conduct of any Participant.
The Participant shall be deemed to have provided their full and irrevocable consent to such publication.

22. COSTS
The Disciplinary Body shall have absolute discretion to impose orders as to the payment of costs in
relation to any proceedings including the cost of holding the hearings, interpretation and legal costs,
travel and accommodation costs of the members of the Disciplinary Body and/or any other expenses
necessary for the proper conduct of the hearing, whilst having particular regard to Regulation 13.2.

23. LIMITATION PERIOD
There shall be no statute of limitations applicable to these Betting Integrity Regulations.

APPENDIX 1
DEFINITIONS
Attempt
An act and/or omission which is more than mere
preparation and which constitutes a real and substantial
step (individually or cumulatively) towards the commission
of a breach (in circumstances where, save for the Attempt
itself, the breach was not committed and/or completed
and notwithstanding whether the person involved was
aware that the act and/or omission may amount to a
breach).

Bet
Any wager of a stake of monetary value in the expectation of a
prize of monetary value, subject to a future and uncertain
occurrence related to the sport.

Benefit
The direct or indirect receipt or provision of money or the
equivalent such as, but not limited to, bribes, gains, gifts
and other advantages including, without limitation,
winnings and/or potential winnings as a result of a Bet.

Disciplinary Body
The body of the NZESF, consisting of a group of
individuals with the necessary legal, sporting and/or other
expertise, which has the power to determine alleged
breaches of these Betting Integrity Regulations. Each panel
of the Disciplinary Body shall be appointed by the
Disciplinary Officer and comprised of one or three from the
group of individuals, the chair of which shall be legally qualified.
Disciplinary Officer The person appointed by the NZESF to enforce
the Betting Integrity Regulations.

Inside Information
Any information relating to any competition that a person
possesses by virtue of his or her position in relation to a
sport or competition, excluding any information already
published or common knowledge, easily accessible to
interested members of the public or disclosed in
accordance with the rules and regulations governing the
relevant competition.

Outside Party
Any natural or legal person who is not a Participant.
Participant The covered persons listed in Regulation 2.
Single Point of Contact (SPOC) A person appointed by the NZESF who will act
in all matters related to these Betting Integrity
Regulations.

APPENDIX 2
CODE OF CONDUCT
PRINCIPLE 1
Participants must behave ethically at all times and act with integrity in all situations.
PRINCIPLE 2
Participants shall comply with all applicable laws and adhere to all of the NZESF's rules and
regulations.
PRINCIPLE 3
Participants shall at times avoid conflicts of interest and act in the best interests of the sport.
PRINCIPLE 4
Participants shall recognise, resist and report all forms of bribery and corruption.