[BLML] 25A [SEC=UNOFFICIAL]

richard.hills at immi.gov.au richard.hills at immi.gov.au
Mon Sep 17 08:06:26 CEST 2012


Ed Reppert:

>I agree with both of your quotes from Ton, and I
>don't think either one contradicts what I said. I
>suppose a TD might decide, in advance, that in
>cases where long experience and legal
>precedent indicates that a player did, just for a
>moment, intend the call he made, the TD will
>rule that 25A does not apply, but I think that, in
>the end, the TD has to be open, in *every* case,
>to the possibility that his blanket rule is wrong.

Law 85A1:

In determining the facts the Director shall base his
view on the balance of probabilities, which is to
say in accordance with the weight of the evidence
he is ++able++ to collect.

Richard Hills:

I agree with Ed that "able" = "not any blanket rule".

Ed Reppert:

>If he decides the possibility is remote, on the
>evidence, in a particular case, that's fine, but the
>TD has to remain always objective and receptive
>to the evidence.

Definitions:

Unintended — involuntary; not under control of the
will; not the intention of the player at the moment of
his action.

Richard Hills:

The 2007 Lawbook uses "unintended" as the key
word in the 2007 Law 25A.

The 1997 Lawbook used the near-synonym
"inadvertent" in the 1997 Law 25A, but it seems to
me that the minute below applies to both words.

WBF Laws Committee, 30th August 2000, item 7:

[snip]
Mr. Wignall made observation that the etymology
of the word [inadvertent] indicates a turning away
of the mind, so that the action does not occur as a
conscious process of the mind. The Committee
acquiesced in the views expressed.

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