Victorian Sports Anti-Doping Policy 2012 Update€¦ · Victorian Sports Anti-doping Policy 1. Preamble In 2004 the World Anti-Doping Code (“the Code”) became operational with

Victorian SportsAnti-Doping Policy 2012 Update

Foreword

The community expects that Victorianathletes will compete fairly and without theuse of prohibited drugs or doping methods.The Victorian government is committed toprotecting the health of athletes and thespirit of sport by discouraging the morallyand ethically indefensible use of prohibitedperformance enhancing drugs in sport.

The Victorian sports anti-doping policyrequires both the government and sportsorganisations in Victoria to supportcompliance with the expectations andstandards expressed within the World Anti-doping Code.

An effective anti-doping framework forAustralia necessitates a comprehensiveapproach involving education, research,prevention, detection and deterrence,rehabilitation and cooperation andcoordination. It involves all levels of sportand government.

The Commonwealth government has theprimary responsibility for the implementationof the World Anti-Doping Code in Australiaand for implementing and coordinatingcompliant domestic doping controlprograms. Current national anti-dopingefforts involving the Australian Sports Anti-Doping Authority (ASADA) arefocussed on preventing, deterring, detectingand managing anti-doping rule violationscommitted by athletes and support personsinvolving the use or otherwise of prohibitedsubstances. ASADA’s anti-doping educationaccordingly seeks to ensure athletes areinformed and knowledgeable about theiranti-doping responsibilities; and to reducethe risk of athletes inadvertently doping.

The Commonwealth government also has a ‘National Illicit Drugs in Sport Policy’. Illicitdrugs policies go beyond the requirementsof both the World Anti-Doping Code and thiscomplementary Victorian sports anti-dopingpolicy. Some national sports organisationshave already implemented their own illicitdrugs policies and testing procedures inconsultation with their elite athletes. At the community level of participation, suchpolicies should seek to focus on protectingthe health and welfare of those affected aswell as managing the risks to the sport andits members.

To support and complement the educationand information objectives of the World Anti-Doping Code, anti-doping related drugeducation programs for non-elite sportsparticipants are required. There is a clearneed to better engage and involve communitylevel sport in the fight against doping. Thisincludes delivering a Victorian sports anti-doping policy and program responsewhich is consistent with the World Anti-Doping Code but is also understood andactively supported by non-elite sportparticipants.

A policy of “zero tolerance” to performanceenhancing drug use in elite and highperformance sport is an essential aspect ofthe World Anti-Doping Code. Yet, the adoptionof strict testing and sanctioning regimesalone will not resolve the doping issue and a system designed primarily for internationaland national level competitors is not directlytransferable to community level sport.

There is an obvious need to educate andbetter inform young aspiring athletes and all others involved in non-elite sport, such asparents, coaches and officials, to reinforcethe positive values of sport including athleticachievement attained through fair andhealthy means. The Victorian governmentwill work with sporting codes and schools to support a “no drugs” culture in Victoriansport and encourage healthy involvement in sport and physical activity.

The primary purpose of this Victorian sports anti-doping policy is to assist in the worldwide effort to eliminate drugs in sport by supporting Australia’s national anti-doping framework.

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Victorian Sports Anti-doping Policy

1. PreambleIn 2004 the World Anti-Doping Code (“the Code”) became operational with therevised version effective as of 1 January2009. The Code represents a uniqueinternational commitment made by sportsand governments to fight the use of drugs in sport. Most international sportingfederations, including all Olympic sports,have adopted Code compliant anti-dopingpolicies. The Code introduced a strictsanctioning regime for breaches of theanti-doping rules adopted by sportsorganisations.

The Federal Government, as a signatory to a number of international agreements,including the International Conventionagainst Doping in Sport, requiresAustralian sports organisations toimplement Code compliant anti-dopingpolicies. Signatory governments are alsorequired to implement Code compliantanti-doping policies and take steps towithhold sport-related assistance andfinancial support to sanctioned athletesand athlete support personnel for theduration of their suspension.

Governments are also expected to withhold some or all support from sportsorganisations which fail to adopt and/oruphold Code compliant anti-dopingpolicies.

In 2006 the Australian Sports Anti-DopingAuthority (ASADA) was established asAustralia’s designated National Anti-dopingOrganisation (NADO). ASADA isresponsible for developing comprehensiveprograms and education initiatives aboutsports drug, anti-doping testing and safetychecking services, managing anti-dopingrule violations as well as monitoring thecompliance of anti-doping rules.

The Victorian Sports Anti-doping Policyreflects the requirements of the Code, theInternational Convention and Australia’snational anti-doping policy template asissued by ASADA.

2. Position StatementTo support Code compliance the Victoriangovernment implemented the VictorianSports Anti-doping Act 2005. Under theAct, the Minister is required to develop ananti-doping policy to support and, whennecessary, reinforce Code compliance andthe anti-doping rule violation sanctioningprocesses applied by sport.

The Code is designed primarily toharmonise and strengthen international and national doping control arrangements.Sports organisations, athletes and athletesupport personnel involved in anti-dopingprograms must comply with a rigorousframework of protocols and administrativerequirements. In most cases only elite orprofessional athletes, or athletes involvedin high performance sport programs, willbe directly involved in such doping controlarrangements.

The strict liability and tough sanctionsinherent in the Code, and thus Codecompliant policies, demands thatorganisations and individuals involved in doping control are well educated on their roles and responsibilities and clearlyunderstand the consequences arising froma violation of the anti-doping rules of theirsport.

Sport and governments are also expectedunder the International Convention toeducate the sporting community in generalon the harm of doping to the ethical valuesof sport and the health consequences ofdoping.

The Victorian policy position is that theinternational and national anti-dopingarrangements are to be supported byreinforcing Code compliance. It is not anexpectation of this policy that nationaldoping control programs be replicated atthe non-elite and community level of sport. It is expected that national efforts will becomplemented and supported in Victoriathrough the provision of anti-dopingpolicies and related information andeducation appropriate to community levelsport.

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The focus in Victoria on education whichconcerns issues influencing the multiplerisk and protective factors for performanceand image enhancing drug use, particularlyby youth at the community level, isfundamental to supporting the internationaland national anti-doping efforts.

Under the Victorian sports anti-dopingpolicy Victorian sports organisations are expected to progressively adapt thenational anti-doping policies of their sportand to ensure, where appropriate, that therules and practices of their organisation,their members and affiliates conform to the provisions of the Code.

This policy does not require Victorian statesporting organisations to implementancillary doping control processes tosupplement or expand the current nationaldoping control schemes managed byASADA and/or national sports organisations(NSOs). Sports organisations that chooseto implement local doping controlprograms must however comply with the Code, including the standards itestablishes, ensure procedural fairnessand provide adequate education andsupport services to all athletes selected for testing.

Under the revised Code ASADA is able to establish specific national rules underthe NAD Scheme for doping control fornon-international-level or national-levelcompetitors.

3. ObjectiveThe objectives of the policy are to promoteand encourage ethical participation insport and recreation in Victoria; and todiscourage the use of drugs and dopingmethods.

4. Definitions“ASADA” means the Australian Sports Anti-Doping Authority established by theCommonwealth Act.

“Commonwealth Act” means theAustralian Sports Anti-Doping AuthorityAct 2006 of the Commonwealth.

“International Convention against Dopingin Sport” or “UNESCO Convention” refersto the Convention unanimously adopted in Paris on 19 October 2005 at the 33rd session of the UNESCO GeneralConference and which came into force on 1 February 2007. Australia has ratifiedthis Convention.

“Major Event Organisation” refers to an international sport organisation thatfunctions as the ruling body for anycontinental, regional or other internationalevent.

“Minister” refers to the Victorian Minister for Sport and Recreation or the responsibleMinister of the Crown in right of Victoriaadministering the Sports Anti-doping Act2005.


“NAD scheme” or “National Anti-dopingScheme” means the Scheme prescribedin the ASADA Regulations which providesfor a range of matters such as the relevantanti-doping rules; the rules on testing andinvestigations; the management ofpotential anti-doping rule violations,including entry of information on violationsonto the Register of Findings; and thedisclosure of information.

“NADO” or “National Anti-dopingOrganisation” means the entity designatedby the Australian Government (currentlyASADA) as possessing the primaryauthority and responsibility to adopt andimplement anti-doping rules, direct thecollection of samples, the management oftest results, and the conduct of hearings.

“National anti-doping template” means the model anti-doping template issued by Australia’s NADO to assist NationalSporting Organisations in formulating anti-doping policies that comply with the World Anti-Doping Code and the fiveInternational Standards deemedmandatory under the Code.

“National Sports Organisation” and “NSO” means a national sportingorganisation recognised by theCommonwealth government as thatsport’s peak representative body inAustralia.

“Person” means a natural Person or anorganisation or other entity, including anAthlete, Athlete Support Personnel andMember.

“State support” means for the purposesof this Policy, a person is taken to bereceiving State support from the VictorianGovernment, if for the purpose of—(a) taking part in sporting activities ortraining to take part in sporting activities; or(b) coaching, training or treating anotherperson taking part in sporting activities or to take part in sporting activities—the person—(c) receives funding from the State or anagency of the State; or(d) uses facilities that are provided (wholly or partly) by the State or an agency of theState, or are operated or maintained(wholly or partly) with funding receivedfrom the State or agency; or(e) is a member of, or is in any wayassociated with, a sporting organisationthat—(i) receives funding from the State or anagency of the State; or(ii) uses facilities that are provided (wholly or partly) by the State or an agency of theState, or are operated or maintained(wholly or partly) with funding receivedfrom the State or agency; or(iii) receives advice or other services fromthe State or an agency of the State.

“Doping Control” means the drug testingprocess including test distribution planning,sample collection and handling, laboratoryanalysis, results management, hearingsand appeals undertaken in compliance withthe expectations and standards establishedunder the World Anti-Doping Code.

“Sports Organisation” means all sportingorganisations (including recognised StateSporting Associations), responsible forconducting sporting competitions inVictoria, receiving State support and/orwhose members receive State support.

“WADA” means the World Anti-DopingAgency.

“World Anti-Doping Code” or “the Code”means the World Anti-Doping Codeadopted by the Foundation Board of WADAon 5 March 2003 at Copenhagen and anysubsequent approved amendments.

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5. Policy Application5.1 This policy applies to all organisations

responsible for conducting sportingcompetitions, sports organisations,their affiliates and members inVictoria, and any person ororganisation receiving State support for sporting activities.

5.2 This policy is effective from 1 January2009 and replaces the InterimVictorian Anti-doping Policy, released in March 2006.

6. Obligations of Sports Organisations

6.1 Policy, rules and code ofconduct

6.1.1 To be eligible for State support, asports organisation is required to:

i. Adopt the ASADA approved anti-doping policy of their NationalSporting Organisation;

or

ii. Adopt an anti–doping policy whichis consistent with their NationalSporting Organisation’s ASADAapproved and Code compliant anti-doping policy;

or

iii. Adopt a policy which complies with the Articles of the World Anti-doping Code and satisfies themandatory requirements of nationalanti-doping policies and guidelinesissued from time to time byASADA.

6.1.2 A sports organisation is expected toensure its rules include a requirementfor members to comply with theorganisation’s anti-doping policy,including consenting to Codecompliant doping control testingarrangements and implementing anynecessary parental/guardian informedconsents for all members less than 18 years of age.

6.1.3 Sports organisations shall develop and implement appropriate codes of conduct, good practice and ethicsrelated to anti-doping in sport that areconsistent with the Code.

6.2 Education

6.2.1 The positive values of sport andathletic achievement attained throughfair and healthy means should bepromoted among those whoparticipate in sport or otherwisesupport sports infrastructure anddelivery in Victoria.

6.2.2 The implementation of the Victoriangovernment’s anti-doping policy willinvolve the education of communitylevel athletes with a specific focus oneducating aspiring adolescents on theheath and ethical issues related to theuse of banned substances in sport.Sports organisations are expected tosupport and contribute to thisprocess.

6.2.3 Sports organisations shall provide to members, selected for or otherwiserequired to be available for testing,regular updated and accurateinformation on:

• doping control procedures;

• athlete’s rights and responsibilities in regard to anti-doping, includinginformation about the Code andthe anti-doping policy of theirsport, ASADA and the VictorianGovernment;

• the consequences of committingan anti-doping rule violationincluding the possible withdrawalof State government support;

• the list of prohibited substances and methods;

• therapeutic use exemptions; and

• nutritional supplements, includingadvice related to the risksassociated with contamination ofsuch supplements with prohibitedsubstances.

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6.4 Anti-doping rules

6.4.1 The mandatory standards and modelsof best practice concerning dopingcontrol, doping violations andconsequences, and appeals arecontained in the World Anti-DopingCode and the national anti-dopingtemplate.

6.4.2 Under this policy, sports organisationsare required to adopt policies andpractices which will support and complywith these standards and models.

6.5 Disclosure policy andmaintaining confidentiality

6.5.1 The identity of all Victorian athletesand athlete support personnel whoare subject to doping control programsand who have committed an anti-doping rule violation are subject to the public disclosure requirementsand provisions of the Code.

6.5.2 Sports organisations must not identifyathletes, release details of casesagainst athletes or make publicassertions of an athlete’s guilt untilfinal disposition of the matter, whichshould cater for all situations,including acceptance of sanctions by athletes, is resolved.

6.5.3 Following a confirmed determinationunder a Code compliant anti-dopingpolicy the sports organisation mustprovide, to the Minister, informationregarding the identity of:

i) any sanctioned athlete whoreceives “state support” (asdefined under the Victorian Actand this Policy) includinginformation on the nature or typeof state support the sportsorganisation is aware that theathlete receives; and

ii) any other person who is a memberof, or is in any way associated witha Victorian sports organisation andwho has violated an anti-dopingrule.

6.3 Doping Control Programs

6.3.1 Victorian athletes selected for, orrequired to be available for testing, are to be subject to Code compliantdoping control requirements, includingresults management protocols.

6.3.2 The ramifications for a positive test orother violation of an anti-doping rule,such as missing three ‘out-of-competition’ tests, are severe. TheCode demands strict liability of athletesfor what substances enter their bodiesand even ‘accidental’ anti-doping ruleviolations may result in penalties similarto those for intentional use of illicitperformance-enhancing substances.

6.3.3 To the extent that a sportsorganisation (or the correspondingNSO) may wish to test any Victorianathletes outside the existing nationaltesting pool(s) establish by ASADA, or an international testing poolestablished by WADA, an internationalsporting federation or by a majorevent organisation, is a policy andresourcing matter for the sport.

6.3.4 Sports organisations are expected toensure any Victorian athlete selectedfor drug testing, regardless of theirage, ranking or performance calibre isprovided with a consistent level ofappropriate doping control relatedinformation and education andrelevant athlete support servicessuitably in advance of such testingbeing implemented.

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7. Sanctions7.1 Sports organisations are required to

impose and uphold the mandatory anti-doping rule violation sanctionrequirements of the Code and thenational anti-doping policy template.

7.2 The Minister may withdraw, and revoke eligibility for, financial or otherassistance (for example specified useof designated facilities) to any personsanctioned under a Code compliantanti-doping policy.

7.3 Financial or other assistance to a sports organisation may bewithdrawn and eligibility for financial or other assistance from the StateGovernment revoked where the StateGovernment determines a sportsorganisation has committed a breachof this policy, including the failure toadopt and enforce Code compliantanti-doping sanctions for anti-dopingrule violations.

7.4 The Minister will issue guidelines for the withdrawal of State support froma person duly sanctioned under asport’s Code compliant anti-dopingpolicy. State government agenciesand the management of all sportingfacilities that are provided (wholly orpartly) by the State or an agency ofthe State, or are operated ormaintained (wholly or partly) withfunding received from the State oragency, are required to comply withand support the intent and purpose of such guidelines.

7.5 All decisions of the Minister can beappealed.

8. Review of a Finding of anAnti-doping Rule Violation or a Sanction

8.1 The State Government will not reviewfindings related to an anti-doping ruleviolation or review sanctions or otherdoping related decisions made orimposed by a sports organisationunder an anti-doping policy.

9. Appeals9.1 The State Government will not act as

an appeal agency for the purposes ofa review of a person’s sanctionimposed by sport or other decisionsor rulings made under a sportsorganisation’s anti-doping policy.

9.2 A sports organisation’s rules forappeal must be consistent with theprinciples expressed in the Code andrespect the right to a fair, impartialand timely hearing.

10. Confidentiality and Reporting10.1 The confidentiality and reporting

requirements of the Code and thenational anti-doping policy templateshould be supported and adhered toby sports organisations.

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11. Recognition of Decisions byOther Organisations

11.1Sports organisations are expected to mutually recognise the dopingcontrol procedures and test resultmanagement, including the anti-doping rule violation sanctions, of a sport or anti-doping organisationthat are consistent with the Code.

12. Statute of Limitations12.1 In accordance with the Code,

no action under this policy will becommenced against a person for a violation of an anti-doping ruleunless such action is commencedwithin eight years from the date theviolation occurred.

13. Doping Control for AnimalsCompeting in Sport

13.1The same expectations as thoseexpressed under the World Anti-Doping Code apply in relation todoping control for animals used aspart of a sports competition.

14. Amendment andInterpretation of Anti-doping Policy

14.1 The Minister will publish the Victoriansports anti-doping policy and anyamendments to it on an appropriategovernment internet website.

14.2 The Minister will consult with anyVictorian sporting organisations theMinister considers appropriate inpreparing any amendments to theVictorian sports anti-doping policy.

14.3 The World Anti-Doping Code(including commentary), the SportsAnti-Doping Act 2005, the AustralianSports Anti-Doping Authority Act2006, and the UNESCO InternationalConvention Against Doping in Sportare sources of interpretation of theVictorian Sports Anti-doping Policy.

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15. Further InformationAustralian Sports Anti-Doping Authority(ASADA)

http://www.asada.gov.au

Street address:5 Tennant StreetFyshwick ACT 2609

Postal address:PO Box 345Curtin ACT 2605

Email: [email protected]

Anti-Doping Hotline: 1300 027 232

Australian Sports Commission

http://www.ausport.gov.au/supporting/ethics/antidoping

CleanEdge

‘CleanEdge’ is a drugs in sport information,education and referral website managedby the Victorian Branch of Sports MedicineAustralia and is designed specifically forVictorian community sport.

http://www.cleanedge.com.au


Sport and Recreation Victoria

http://www.sport.vic.gov.au/

Sports Medicine Australia (Victorian Branch)

http://www.smavic.org/ orhttp://www.smartplay.com.au/vic


UNESCO

http://portal.unesco.org/

Victorian Sports Anti-doping Act 2005

http://www.legislation.vic.gov.au/

World Anti-Doping Agency

http://www.wada-ama.org

16. Comments and FeedbackComment and questions on this policymay be sent to:

Mr Michael CahillGroup ManagerPolicy and Sector DevelopmentDepartment of Planning and CommunityDevelopmentGPO Box 2392MELBOURNE VIC 3001


All comments will be treated as publicdocuments unless otherwise requested.

Published by Community Sport and RecreationSport and Recreation VictoriaDepartment of Planning and Community Development8 Nicholson StreetEast Melbourne Victoria 3002

Telephone (03) 9208 3333

Revised 2012

© Copyright State Government of Victoria 2012This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968.

If you would like to receive this publication in an accessible format, such as large print or audio, please telephone Michael Cahill on (03) 9935 8048, or [email protected]

This publication is also published in PDF and Word formats on www.dpcd.vic.gov.au

Documents

Victorian Sports Anti-Doping Policy 2012 Update€¦ · Victorian Sports Anti-doping Policy 1. Preamble In 2004 the World Anti-Doping Code (“the Code”) became operational with