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

    Posted 13/11/2014 by Jaan Murphy

    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.

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    TAGS: Australian Sports Anti-Doping Agency, World Anti-Doping Agency, Sport, ASADA, Federal Court, WADA, ADRV

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  • Who is bound by the World Anti-Doping Code?

    Posted 15/07/2013 by Jaan Murphy
    The previous FlagPost in this series examined countries that have criminalised doping in sport. This FlagPost examines who is bound by the World Anti-Doping Code (Code), National Anti-Doping Scheme (NAD) and various anti-doping policies in Australia. Is it just athletes and coaches, or are other people, such as sports scientists, also bound?The legal basis for the enforcement of the Code in AustraliaThe Code operates as an agreement that is binding on its signatories, which includes various Olym... Read more...

    TAGS: ASADA, Australian Sports Anti-Doping Agency, doping, Drugs, limitation period, sport, steroids, WADA, World Anti-Doping Agency

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  • Where in the world is doping a crime? (doping in sports pt. 6)

    Posted 24/04/2013 by Jaan Murphy
    In the previous FlagPost in this series we examined actions related to doping in sport that can also be prosecuted as crimes in Australia. Do other countries criminalise doping in sport, or is Australia unique in having criminal offences that apply to conduct associated with Anti-Doping Rule Violations (ADRVs)? The situation overseasIn Australia some actions related to doping in sports (e.g. trafficking, possession, use or administration of steroids) are also crimes under various Commonwealth, ... Read more...

    TAGS: Australian Sports Anti-Doping Agency, crime, doping, sport, steroids, World Anti-Doping Agency

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

    Posted 24/04/2013 by Jaan Murphy
    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 hav... Read more...

    TAGS: ADRV, ASADA, Australian Crime Commission, Australian Sports Anti-Doping Agency, crime, criminal law, doping, illicit drugs, sport, steroids, WADA, World Anti-Doping Agency

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  • The dual use of evidence in both sporting tribunals and criminal proceedings (doping in sports pt. 4)

    Posted 11/04/2013 by Jaan Murphy
    The previous FlagPost in this series explored what happens once a possible Anti-Doping Rule Violation (ADRV) is detected, and the role of sporting tribunals in determining and sanctioning athletes or support personnel who are found to have committed an ADRV. As part of that process, ASADA (and also potentially Customs and the AFP) collect a variety of evidence. So when can evidence collected as part of an anti-doping investigation be used in criminal and civil proceedings and vice-versa?This Fla... Read more...

    TAGS: Australian Sports Anti-Doping Agency, disciplinary tribunals, illicit drugs, sport, steroids, WADA, World Anti-Doping Agency

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  • 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... Read more...

    TAGS: ADRV, ASADA, Australian Sports Anti-Doping Agency, illicit drugs, sport, steroids, WADA, World Anti-Doping Agency

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  • What is doping in sport? (doping in sports pt. 2)

    Posted 11/04/2013 by Jaan Murphy
    The previous FlagPost in this series explored the reasons why particular substances and methods are included on the World Anti-Doping Code Prohibited List (the WADC Prohibited List) and hence banned in sport. This FlagPost examines the legal definition of ‘doping’ in sport provided by the World Anti-Doping Code (the Code).So what is doping? Since the turn of the 20th century the term ‘doping’ has referred to the practice of enhancing performance through artificial means, such as the use of forei... Read more...

    TAGS: ASADA, Australian Sports Anti-Doping Agency, illicit drugs, sport, standard of proof, steroids, WADA, World Anti-Doping Agency

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  • The Prohibited List (doping in sports pt.1)

    Posted 11/04/2013 by Jaan Murphy
    The February 2012 Australian Crime Commission report into Organised Crime and Drugs in Sport has resulted in ongoing significant media attention and public interest in issues surrounding the supply, distribution and use of drugs in sport, and what might be done to combat doping in sports more generally. As recent incidents involving Essendon AFL and the Cronulla and Manly NRL football clubs demonstrate, there can be confusion about the nature of supplements or drugs, and whether they are banned ... Read more...

    TAGS: ASADA, Australian Sports Anti-Doping Agency, illicit drugs, sport, steroids, WADA, World Anti-Doping Agency

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