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

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Federal Court upholds the legality of the “joint” AFL-ASADA investigation into Essendon

The ‘joint investigation’ by ASADA and the AFL into the potential use of prohibited substances was legal, the Federal Court decided. The 123 page judgment was handed down in September 2014, but has been appealed. Read more...

Is doping in sport a crime? (doping in sports pt. 5)

The previous FlagPost in this series explored the dual use of evidence in both sports tribunals and criminal proceedings.Whilst it is commonly understood that doping is prohibited in sport, is it also a criminal offence? This FlagPost examines the circumstances in which an Anti-Doping Rule Violation (ADRV) is also a crime in Australia and the sanctions imposed by the criminal justice system for those offences.  The Criminal Justice SystemUnlike a number of other countries, Australia does not have any sports-specific legislation creating criminal offences specifically relating to doping in sport. However, the Commonwealth, states and territories have all enacted legislation which criminalises... Read more...

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

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 ad... Read more...

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