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

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Who is bound by the World Anti-Doping Code?

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 Olympic-movement and non-Olympic movement affiliated international sporting federations as well as Government-funded organisations such as ASADA.In Australia, the Code is adopted and implemented under the... Read more...

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

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, state or territory statutes. However, none of those laws are sports-specific but rather reflect a mixture of criminal, therapeutic goods or customs legislation that happen to cover conduct related to... 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...

Match-fixing: the Australian legislative response

The Australian Crime Commission Report into Organised Crime and Drugs in Sport raised the issue of the increasing level of association between professional athletes and organised criminal identities in Australia, leaving individual athletes vulnerable to corrupt practices such as match-fixing. One of the key findings is that the threat to the integrity of Australian sport is an emerging and critical issue which must be addressed now.In the wake of the South Australian and now Victorian Governments introducing bills to directly criminalise match-fixing, what is the rest of the country doing?‘On 10 June 2011, all Australian sports ministers endorsed on behalf of their governments, a National P... Read more...

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