Proving doping: the ADRV enforcement process and the role of sporting tribunals (doping in sports pt. 3)

Parliament house flag post

Proving doping: the ADRV enforcement process and the role of sporting tribunals (doping in sports pt. 3)

Posted 11/04/2013 by Jaan Murphy


The previous FlagPost in this series explored what constitutes doping under the World Anti-Doping Code (the WADC) and the standard of proof required to prove Anti-Doping Rule Violations (ADRVs).
 
This FlagPost examines what happens once a possible ADRV is detected, either through evidence collected as part of an investigation or as a result of an adverse analytical finding (the detection of the presence of a substance or the use of a method on the Prohibited List in a sample provided by an athlete).

So how is an ADRV proved and prosecuted?

For all Australian sports that have adopted the WADC, ADRVs are primarily prosecuted in a sporting tribunal, which is administrative (rather than judicial) in nature. These sporting tribunals have jurisdiction to hear ADRV matters as athletes (by reason of their membership of the relevant sporting administration body (SAB) and/or by participation in events conducted by the SAB) agree to abide by the rules of the sport.

The Australian sporting tribunal system

Many of the professional sporting codes have their own tribunals. Examples are the AFL Tribunal, the NRL Judiciary and Anti-Doping Tribunal and the A-league (soccer) Disciplinary Committee and Anti-Doping Tribunal. Other sports refer ADRV matters to the Court of Arbitration for Sport (CAS)

Under the Australian Sports Anti-Doping Authority Act 2006 (ASADA Act), a potential ADRV must be referred to the Anti-Doping Rule Violation Panel (ADRVP) to determine whether an adverse analytical finding or a possible non-presence ADRV has occurred. The ADRVP is a decision-making body established under the ASADA Act, but independent from ASADA, whose members are appointed by the Minister for Sport.

Prior to the referral of the possible ADRV, ASADA puts formal allegations of a possible ADRV to the athlete or support person. The ADRVP reviews ASADA’s processes and evidence and considers any submissions made by the athlete or athlete support person. If the ADRVP confirms the finding on the evidence before it, the athlete or support person’s details are entered onto the Register of Findings (ADRVP finding).  ASADA then notifies the athlete or athlete support person of:
 
  • the details of the Register of Findings entry and
  • their right to appeal the decision to enter their name on the Register.

A person whose name is entered on the Register of Findings has 28 days to appeal to the Administrative Appeals Tribunal (AAT). In the absence of any appeal or any successful appeal to the AAT, the matter will be finally determined before the relevant sporting tribunal (such as CAS) in accordance with the sport’s anti-doping rules. The tables below outline the anti-doping processes from testing and investigation to possible final hearing.
 

The Hearing and Appeals Process arising from an Adverse Analytical Finding 

The Hearing and Appeals Process for non-Adverse Analytical Finding based ADRVs

Administrative sanctions

The sporting tribunal is responsible for determining, on the evidence, whether an ADRV has been committed and for imposing any relevant administrative sanction including:
As part of this decision making process, the relevant sporting tribunal will consider a variety of factors, including whether the athlete or support person provided substantial assistance towards establishing ADRVs by others. The WADC strictly governs any reduction in sanction imposed for ADRVs. However, providing substantial assistance may result in up to a ¾ reduction in the applicable sanction imposed.
 
Subject to the appeal rights contained in the relevant Sporting Administration Body’s (SAB’s) anti-doping code, a sporting tribunal decision (the findings and/or sanction) may be appealed to the Appeals Division of the CAS by the athlete, support person, SAB, ASADA, WADA or relevant international federation.
 
The ADRV may only be publicly disclosed by ASADA once any appeal to the AAT is finalised, and if the athlete is sanctioned by the sport. Once this has occurred, the ADRV must be publicly disclosed no later than 20 days after the hearing. The matter must also be publicly reported within 20 days of any appeal decision.
 
In our next FlagPost, the dual use of evidence in both sporting tribunals and criminal proceedings will be examined.


Thank you for your comment. If it does not require moderation, it will appear shortly.

Add your comment

[Click to expand]

We welcome your comments, or additional information which is relevant to a post. These can be added by clicking on the ‘Add your comment’ option above. Please note that the Parliamentary Library will moderate comments, and reserves the right not to publish comments that are inconsistent with the objectives of FlagPost. This includes spam, profanity and personal abuse, as well as comments that are factually incorrect or politically partisan. We will close comments after three months.




Captcha
Generate a new image
Type characters from the image:

Facebook LinkedIn Twitter Add | Email Print

FlagPost

Flagpost is a blog on current issues of interest to members of the Australian Parliament


Parliamentary Library Logo showing Information Analysis & Advice

Archive

Syndication

Tagcloud

Refugees asylum climate change immigration Australian foreign policy parliament social security elections welfare reform school education welfare policy health financing Australian Defence Force emissions trading indigenous Australians women higher education private health insurance people trafficking illicit drugs gambling health reform federal election 2010 United Nations Employment Asia income management Middle East Medicare Australian Bureau of Statistics statistics sport health forced labour federal budget Afghanistan Industrial Relations Carbon Pricing Mechanism politics dental health United States aid disability child protection environment poker machines Australia in the Asian Century Australian Sports Anti-Doping Agency steroids World Anti-Doping Agency National Disability Insurance Scheme detention aged care 43rd Parliament slavery health system Law Enforcement Australian Federal Police Criminal Law Fair Work Act Australian Public Service governance labour force people smuggling transport debt taxation international relations constitution New Zealand food WADA Australian Crime Commission pharmaceutical benefits scheme public service reform children's health Aviation foreign debt gross debt net debt defence capability parliamentary procedure Senate Senators and Members ALP ASADA Newstart Parenting Payment multiculturalism Youth Allowance sea farers federal state relations accountability Papua New Guinea youth paid parental leave pensions same sex relationships corruption coal seam gas customs planning federal election 2013 Australian Electoral Commission doping OECD crime health risks International Women's Day Gonski Review of Funding for Schooling sex slavery Special Rapporteur Northern Territory Emergency Response social policy welfare ASIO intelligence community terrorist groups Australian Security Intelligence Organisation carbon tax mining High Court Higher Education Loan Program HECS military history electoral reform employer employee renewable energy regional unemployment fishing European Union Federal Court family assistance skilled migration banking United Nations Security Council Australian economy forestry food labelling vocational education and training Drugs UK Parliament welfare systems Indonesia social media children Constitutional reform local government codes of conduct terrorist financing homelessness Parliamentary remuneration money laundering Trafficking in Persons Report energy science social inclusion human rights paternalism Australian Secret Intelligence Service sexual abuse terrorism World Trade Organization Australia public health China housing affordability bulk billing political parties water productivity health policy Governor-General US economy trade unions domestic violence export liquefied natural gas foreign bribery firearms question time speaker superannuation public housing election results by-election expertise public policy climate Intergovernmental Panel on Climate Change leadership voting Department of Agriculture Fisheries and Forestry regulation Pacific Islands reserved seats research and development new psychoactive substances synthetic drugs UNODC carbon markets animal health middle class welfare ADRV Census Indigenous constitutional recognition of local government referendum consumer laws PISA competition policy royal commission US politics violence against women language education baby bonus Leaders of the Opposition citizen engagement policymaking Australia Greens servitude Trafficking Protocol forced marriage Population rural and regional mental health alcohol entitlements ministries Hung Parliament social citizenship maritime Iran transparency ANZUS regional students school chaplains federal budget 2011-12 salary Medicare Locals primary care Building the Education Revolution social services Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013 online grooming sexual assault of minors ACT Assembly national security smoking plain packaging tobacco cigarettes Asia; Japan; international relations Work Health and Safety Migration; asylum seekers; regional processing China; United States; international relations fiscal policy Racial Discrimination Act; social policy; human rights; indigenous Australians Foreign policy Southeast Asia Israel Palestine asylum refugees immigration political finance donations foreign aid disability employment Economics efficiency human rights; Racial Discrimination Act employment law bullying asylum seekers Animal law; food copyright Australian Law Reform Commission industry peace keeping contracts workplace policies same-sex marriage disorderly conduct integrity retirement Parliament House standing orders prime ministers election timetable sitting days First speech defence budget submarines workers financial sector Canada Somalia United Kingdom GDP Tasmania world heritage political engagement leave loading Trade; tariffs; safeguards; Anti-dumping public interest disclosure whistleblowing Productivity Commission limitation period universities Ireland cancer gene patents genetic testing suspension of standing and sessional orders live exports infant mortality honorary citizen railways disciplinary tribunals standard of proof World Health Organisation arts international students skilled graduate visas temporary employment visas apologies roads Italy national heritage NHMRC nutrition anti-dumping Rent Assistance obesity evidence law sacrament of confession US presidential election international days DFAT UN General Assembly deregulation Regulation Impact Statements administrative law small business Breaker Morant regional engagement social determinants of health abortion Members suspension workplace health and safety marine reserves hearing TAFE Victoria astronomy resources sector YMCA youth parliament Korea fuel rebate Australian Greens presidential nomination Racial Discrimination Act political parties preselection solar hot water Financial Action Taskforce Horn of Africa peacekeeping piracy Great Barrier Reef Stronger futures political financing political education Social Inclusion Board early childhood National Quality Framework for Early Childhood Education and Care Murray-Darling Basin sanctions Norway hospitals republic President Barack Obama Presidential visits qantas counselling Korean peninsula Work Choices biosecurity hendra environmental law federalism federation preselection therapeutic goods Therapeutic Goods Administration plebiscites computer games pests suicide nuclear COAG Ministerial Councils floods ADHD stimulant medication advertising electricity extradition standards conscience votes poverty preventative health rural health coastal erosion Parliamentary Budget Office NATO work-life balance

Show all
Show less