Basketball Australia statement on independent investigation

Basketball Australia and the National Basketball League are progressing recommendations.

In June 2025, the Basketball Australia Integrity Unit (BAIU) appointed Justin Gleeson SC as an independent investigator to conduct an investigation, under Basketball Australia’s National Integrity Framework (Integrity Framework), into a complaint made by Crest Sports and Entertainment LLC (Crest) against Larry Kestelman.

In December 2025, Mr Gleeson SC delivered his report to the BAIU.

On 13 April 2026, Basketball Australia released a public statement about the investigation, Mr Gleeson’s investigation report, and related matters. Basketball Australia did not intend for that statement to leave Mr Gleeson’s findings open to misinterpretation and acknowledges that the distinction between the overall decision and the broader findings of the report should have been made clearer.

Basketball Australia now corrects that statement and provides further information, detail and context regarding Mr Gleeson’s conclusions, and the important steps taken since Mr Gleeson's report was delivered. In this respect, Mr Gleeson’s report concluded that:

  • In the round, Crest’s complaint raised extremely serious and broad ranging allegations, that Mr Kestelman had demonstrated himself to be a “bad faith actor” over the course of a decade.
  • In the round, Crest’s complaint is not a credible report supported by sufficient prima facie evidence to refer it as a whole to a disciplinary tribunal formed under the Integrity Framework.
  • Mr Kestelman does not present on the totality of the evidence gathered in the course of the investigation, as a “bad faith actor”.
  • Mr Kestelman himself has invested an enormous amount of his own time and money, over a decade, in bringing the National Basketball League, its clubs and the game of basketball in Australia back from the brink of financial ruin and collapse, such that they are in general prospering and valuable.
  • Mr Kestelman has, in the course of those endeavours, made mistakes, which in the main can be attributed to his drive to turn the fortunes of the National Basketball League around, where in the course of doing so Mr Kestelman has failed to pay sufficient attention to the interests of the National Basketball League where those interests differ from those of his private interests.
  • There are a number of specific areas where those failings, if one were to focus solely on the past, might possibly have found disciplinary charge under the Integrity Framework.
  • Once due account is given to matters including the processes for remediation either underway or complete as at the time of reporting in December 2025, there is a case for preferring no charges being laid at this point in time, pending Mr Kestleman being afforded a period of one year, to complete the processes of remediation, to:
    • Prove his professed intentions for remediation and change are matched by his actions;
    • and display transparency to the NBL Clubs the fruits of his and his executive team’s endeavours; and
    • The extent required, seek the Clubs’ consent.
  • The NBL Clubs – like Crest – may, in turn, profit from the time and opportunity to rebuild the trust and confidence in Mr Kestelman and the National Basketball League, given the corresponding importance to the health of the basketball ecosystem.
  • If after 12 months Mr Kestelman’s promises of remediation prove to be dashed, it would remain within the BAIU’s remit to take further action of its own accord.

Mr Gleeson also made a number of specific recommendations that Basketball Australia require that the National Basketball League and Mr Kestleman to provide to it certain information and policies.

Following receipt of Mr Gleeson’s report, Basketball Australia adopted Mr Gleeson’s recommendations and deferred consideration of any further integrity action to allow the recommended remediation work to progress.

That work is now underway and is progressing well, with a focus on strengthening governance arrangements, improving transparency and addressing the procedural matters identified in the report.

Basketball Australia remains committed to ensuring the work is completed within the time frame recommended by Mr Gleeson and that all governance matters are appropriately addressed.

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