DownloadReport on performance
Output 1.3 Enforcement Program
| Output 1.3 - Enforcement Program | |
|---|---|
| Measure | Result |
| Quality | |
| Consistent application of the anti-doping framework to provide athletes and support personnel with a fair and equitable due process |
During 2006-07, 41 cases have been managed. Of these cases, 39 matters were referred internally by the Detection team. Two matters have been carried over from the 2005-2006 financial year due to the particular circumstances of each case. All the thirty-nine cases referred by Detection to the Enforcement team were reviewed and referred to the Anti-Doping Rule Violation Committee (ADRV) with recommendations. Of the 39 matters referred to the ADRVC:
|
| Maintain a legitimate and fair process in respect of athlete and support rights | The processing of potential anti-doping rule violations, as well as
the conduct of hearings before the Administrative Appeals Tribunal and
other tribunals, are governed by various ASADA results management policies
and procedures, as well as the ASADA legislation, the Code and the rules/practices
of the relevant tribunal. The Enforcement team's policies and procedures are regularly reviewed and updated. The ADRV Committee's processes are governed by a charter that has been approved by the ASADA members. |
| Quantity | |
| Seventy per cent of cases to answer presented by ASADA at sporting tribunals result in independent findings of an anti-doping rule violation, irrespective of the sanction imposed | To date, all ASADA findings on violations of anti-doping rules have either been accepted by the athletes or upheld by an external tribunal. |
Enforcement
Results management
With the introduction of the ASADA legislation, a new Register of Findings (RoF) was established to record anti-doping rule violations (ADRVs).
A total of 24 ADRVs were recorded in 2006-07. This involved Australian athletes/support personnel from 12 different sports. The sport of weightlifting recorded six cases during the year.
Of the 24 register entries, 16 related to an adverse analytical finding, and three related to a failure to comply with a request to provide a sample. Of the 16 adverse analytical findings, a range of prohibited substances were detected including anabolic steroids (five), stimulants (one), cannabinoids (six), diuretics (three) and beta-2-agonists (one).
The remaining five findings resulted from ASADA's exercise of its investigative powers (as opposed to testing).
No international incidences were recorded for 2006-07.
The Administrative Appeals Tribunal can review ASADA's procedures in deciding to place an athlete on the RoF. During 2006-07 three athletes challenged ASADA's decision to place their name on the RoF through the Administrative Appeals Tribunal. One application was dismissed; the other two were still pending as at 30 June 2007.
ASADA was involved in Court of Arbitration for Sport and sporting tribunal hearings for a number of high-profile ADRV cases throughout the year. Our involvement included providing evidence on a variety of issues and making submissions on legal aspects.
Compliance
World Anti-Doping Code
ASADA's doping control procedures are conducted in accordance with the Code and international standards for testing.
Compliance with International Organization for Standardization 9001:2000
ASADA's Quality Management System was successfully assessed and re-certified
for a further three years as meeting the International Organization for Standardization 9001:2000 requirements
for quality management systems.
This covers the planning and provision of services that include:
- the collection of athletes' urine and/or blood samples in line with the Code's international standard for testing
- the management of therapeutic use exemptions in accordance with the Code's International standard for therapeutic use exemptions
- the procurement of secure transport and phlebotomy services
- the procurement of contract analyses for detection of banned substances or methods, in line with the Code's prohibited list
- the reporting of results of sample analyses in accordance with relevant legislation and standards
- the investigation of potential anti-doping rule violations
- the presentation of cases to anti-doping tribunals, and
- anti-doping education for athletes and support personnel.
At ASADA we remain committed to the continuous improvement of our Quality Management System and to maintaining ISO 9001:2000 certification.
Advocacy
Provision of support and advice to government
ASADA has supported the Australian Government by providing independent, accurate and timely advice on a wide range of issues. In particular, ASADA provided advice and support to the Department of Communications, Information Technology and the Arts (DCITA) for the preparation of the Australian Government's submission to the review of the Code. This included co-hosting, with DCITA, forums in March and June 2007 that sought to obtain the views of Australian stakeholders on possible changes to the Code. The June 2007 forum also offered the opportunity for stakeholders to comment on the draft 2008 Prohibited List.
ASADA also prepares briefings for Ministers for each sitting of Parliament and responds to regular requests for information from DCITA. Representatives from ASADA attended the three Environment, Communications, Information Technology and the Arts Legislation Committee Estimates hearings that were held in 2006-07 and prepared responses to Questions on Notice arising from these hearings.
Research
In conjunction with the Curtin University of Technology, we conducted a survey in May 2007 of the attitudes of Australian elite level athletes towards - and beliefs about - sport issues. The study found the proportion of athletes who might be contemplating doping has dropped significantly, from 16 per cent in 2004 to 8 per cent in 2007.
Anti-doping assessment process
In April 2007, we conducted an assessment of the compliance of NSOs with the Code and Australian anti-doping legislation that was completed. The NSOs were assessed on six separate criteria: information provision, policy, education, confidentiality, cooperation and investigations.
All 60 NSOs assessed were rated as satisfactory in relation to their anti-doping
requirements and were advised of this outcome. We will continue to work proactively
with these organisations to achieve Pure Performance in sport.
Australian Anti-Doping Research Panel
The Australian Government's Anti-Doping Research Program (ADRP) provides funding to academic and scientific organisations for new anti doping research to improve the analytical capability of detecting banned substances and doping agents and to help lead to practical doping deterrence strategies.
ASADA is represented on the Anti-Doping Research Panel. The panel assesses applications for funding and monitors the progress of funded projects. The other representatives of the Panel are from DCITA (Chair), the Australian Institute of Sport (AIS), as well as scientific experts in the areas of sports medicine, sports doping and relevant laboratory and social sciences.
Australian Institute of Sport Ethics Committee
ASADA fulfilled its role as an anti-doping consultant with the AIS Ethics
Committee.
We provided technical advice on a range of anti-doping matters and helped
to ensure
AIS research projects were compliant with anti-doping requirements.
International obligations
One of the Australian Government's expectations of ASADA is that it will
be influential
in setting the international anti-doping framework. Participation in global forums is a key mechanism for ASADA
to fulfil this expectation.
ASADA is committed to working with international stakeholders to ensure consistency across the globe in the development and implementation of anti-doping programs. ASADA continued to contribute to this effort in a number of ways during 2006-07:
- hosting a representative from the Oceania Regional Anti-Doping Organisation (RADO) in December 2006
- participating in Investigations Symposia convened by the World Anti-Doping Agency in Colorado Springs USA from 13 to 14 November 2006, and in London UK from 16 to 17 April 2007
- conducting training for Doping Control Officers from the South East Asia Regional Anti-Doping Organisation in Singapore from 24 to 29 March 2007
- participating in:
- a Doping Control Officers Workshop held in Denver, Colorado, on 3-4 December 2006
- The International Doping Control Conference held in Tromso, Norway, on 23-25 May 2007
- The Oceania RADO Board Meeting held in Nadi, Fiji, on 2-3 March.
- The Third International Amateur Athletics Federation World Anti-Doping Symposium which took place in Lausanne, Switzerland, from 30 September to 2 October 2006
- The Seventh ANADO Workshop in Cape Town from 6 to 7 November 2006, and
- The Fifth Annual United States Anti-Doping Agency Symposium on Anti-Doping Services in Lausanne Switzerland from 24 to 29 September 2006.
Our responsibilities under the World Anti-Doping Code
The World Anti-Doping Program has been developed by WADA and consists
of three levels:
- Level 1: World Anti-Doping Code
- Level 2: International standards
- Level 3: Guidelines and models of best practice
The Code and international standards (which include the prohibited list, testing, laboratories and therapeutic use exemptions) are implemented by anti-doping organisations (including ASADA) in the management of anti-doping matters.
During 2006-07 WADA's review of the Code and international standards continued
towards its deadline of November 2007, when the revised Code will be considered
at
a World Anti-Doping Conference. As part of this process, ASADA has made a
significant contribution to the Australian Government's submission to the
review of the Code through the provision of technical advice and supporting
information to the DCITA. ASADA has also contributed to the preparation of
Australian Government submissions to reviews
of International Standards that operate under the Code and provided technical
advice
on other aspects of the Code.
World Anti-Doping Agency
ASADA has provided input to WADA on its review of the code and the International Standards. A new Code and standards are due to be finalised in November 2007 at the World Anti-Doping Conference in Madrid. In preparation for this, WADA consulted widely with its stakeholders throughout the year. ASADA contributed to the review as well as facilitating the participation of Australian stakeholders such as our NSOs.
Four separate stakeholder forums were held, jointly with DCITA, over the
course of the year. In December 2006 and again in June 2007, the Director-General
of WADA addressed Australian stakeholders in Sydney. Two further forums were
held, in March
and June 2007, to discuss in detail the first and second drafts of the new
Code. The
latter of these also examined the draft 2008 Prohibited List, which is updated annually.
Many of ASADA's comments on these critical documents have been accepted
by WADA. Through the consultation process being undertaken, the new Code
and standards are taking shape as robust regulations that will continue the
progress
of ant-doping work globally.
ASADA provides technical advice to Australia's representative on the Foundation Board of WADA.
Regional leadership in Oceania
Through its membership and participation in the Oceania Regional Anti-Doping Organisation, ASADA is contributing to the WADA Anti-Doping Development Program. This program provides assistance to regions of the world where no quality doping control programs have been established. The overall goal is to ensure that all athletes in all countries and in all sports are subject to the same anti-doping protocols and processes.
Regional leadership in Asia
Two ASADA staff members were responsible for adapting and conducting a training program for DCOs on behalf of WADA. They trained 25 DCOs from the South-East Asia region to become the first DCOs for the South-East Asian, Regional Anti-Doping Organisation (RADO). Trainee DCOs hailed from Singapore, Malaysia, Laos, Indonesia, Vietnam, Cambodia, Thailand, Brunei Darussalam, and Myanmar.
The training was conducted over four days and involved two-and-a-half-days of theory and practical training, a simulated 'live' testing session involving students from the Singapore Sports School, as well as theory and practical assessments on the final day.
UNESCO International Convention Against Doping in Sport
The ratification of the United Nations Education Science and Cultural Organisation
(UNESCO) International Convention Against Doping in Sport on 1 February 2007
is the culmination of a concerted effort over a number of years to harmonise
anti-doping policies and practices internationally. Australia, including ASADA,
is a strong supporter
of the Convention and has played a significant role in its development.
IMAGE COURTESY OF DELLY CARR/SWIMMING AUSTRALIA LTD
Australia was among the first nations to sign the Copenhagen Declaration.
At 30 June 2007, 56 countries had ratified the UNESCO Convention.
Under the Convention, governments have a commitment to implement the Code and take specific action to:
- restrict the availability of prohibited substances or methods to athletes
- facilitate doping controls and support national testing programs
- withhold any or all financial support from athletes who commit an anti-doping rule violation or from sporting organisations not compliant with the Code
- encourage producers and distributors of nutritional supplements to establish 'best practice' in the labelling, marketing and distribution of products which might contain prohibited substances, and
- support the provision of anti-doping education to athletes and the wider sporting community.
Through its programs and activities, ASADA gives effect to the Australian Government's commitments under the UNESCO International Convention Against Doping in Sport and ensures that Australia's anti-doping regime is compliant with the the Code.
Association of National Anti-Doping Organisations
The Association of National Anti-Doping Organisations (ANADO) was established in 2002.Its purpose is to help member National Anti-Doping Organisations (NADOs) communicate on issues of common interest, identify and resolve common problems, exchange information and share professional development opportunities. It has a full-time Executive Director based in Canada and 42 member NADOs.
ASADA's Group Director, Deterrence, participates on the ANADO Management Committee.
ANADO also incorporates Anti-Doping Services known as ANADO-ADS. The mission
of this body is to:
- increase global capacity for high-quality anti-doping activities
- facilitate international harmonisation through the implementation of the Code, and
- maximise sport's investment in its future.
International agreements
ASADA maintains bilateral testing agreements with a number of other international bodies. These agreements allow for ASADA to ask the international agency to test Australian athletes overseas, while in return ASADA tests foreign athletes who are training and competing in Australia.
