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Output 1.3 – Enforcement PROGRAM
Enforcement
The ASADA Act requires us to establish and maintain a Register of Findings (RoF) to formally record our decisions in relation to ADRVs and associated matters.
For the 2008–09 financial year, we made 29 entries onto the RoF in relation to Australian athletes or support personnel.
These 29 entries were from 12 different sports:
- International Natural Bodybuilding Association (INBA) bodybuilding (10 entries)
- rugby league (eight entries)
- cycling (two entries), and
- surf lifesaving, shooting, athletics, basketball, weightlifting, baseball, triathlon, ice hockey, athletics, and International Federation of Bodybuilding (IFBB) bodybuilding (one entry each).
Note: One athlete was placed onto the RoF as a competitor in two sports.
Of the 29 entries onto the RoF:
- nineteen athletes or support personnel waived their right to a hearing and accepted they had committed an ADRV
- two athletes exercised their right to a hearing before the relevant sporting tribunal. Of these two matters, ASADA’s findings were upheld in both matters
- two matters involved sport policies that required a hearing, even in cases where the athlete chose not to challenge the violation, and the remaining matters were not yet at a stage where the athlete’s timeframe to elect a hearing had expired.
In addition to the entries made onto the RoF, we referred six matters to the relevant international federation that had results-management jurisdiction for processing.
We were involved in three hearings at various courts and sporting tribunals during the year. Our involvement included presenting cases for the tribunal’s consideration and making submissions in regard to ADRVs.
One matter pertained to a Federal Court of Australia appeal by ASADA against a judgment of the AAT that set aside ASADA’s original decision. We were successful in our appeal.
See appendix B for further details of our publicly announced entries onto the RoF.
Figure 4 shows the number of athletes or support personnel placed on our RoF, or the Register of Notifiable Events for the Australian Sports Drug Agency (ASDA), from 2002–03 to 2008–09.
Figure 4: Number of athletes recording anti-doping rule violations
