1. A tribunal should not be remitted a matter – regarding selection of an athlete – to selectors whose decision has been tainted by actual bias. The inference that the bias which existed could not be entirely eradicated in those circumstances is irresistible. Under Australian case law, it is admitted that a decision is never remitted to a biased decision maker absent compelling necessity. It follows that the error of sending the matter back to the same AC Selection Panel necessarily infected the second process with bias and the AC Appeals Tribunal was in error in not so finding.