Report on performance
Output 1.3 – Enforcement PROGRAM
The Enforcement Program output ensures that all anti-doping rule violation (ADRV) cases are fairly and equitably managed. Where appropriate, ASADA will prepare and present cases to the Court of Arbitration for Sport (CAS) and other sports tribunals and will make sanction recommendations.
The Enforcement Program’s contribution to our outcome is measured through compliance with legislation and effective management of ADRV cases.
| Performance information | ||
|---|---|---|
| Indicator | 2008–09 reference point or target | Result |
Compliance by ASADA with relevant legislation, including the ASADA Act and the NAD scheme |
Unqualified audits of compliance framework to show ASADA’s compliance with the framework. |
An independent audit of ASADA’s Enforcement Program by Deloitte concluded that the sampled processes and policies are in compliance with the ASADA Act and the NAD scheme, and that anti-doping rule violations have been processed in accordance with the internal processes and policies. ASADA’s processes and procedures for its Legal Services activities also underwent external scrutiny as part of the ISO 9001:2008 certification process. |
Effective management of ADRV cases before relevant tribunals including the AAT, the CAS and other sporting tribunals |
ASADA’s findings presented to the relevant tribunal comply with ASADA’s legislative framework. |
During the 2008–09 financial year, ASADA managed 29 ADRVs for placement onto the Register of Findings. Of the matters that proceeded to a hearing at a court or other sporting tribunal, ASADA was successful in each case. ASADA also successfully appealed a decision of the AAT to the Federal Court of Australia with respect to a positive test finding that the AAT had held should not be placed onto the Register of Findings. ASADA regularly reviews and updates policies and procedures for the management of potential ADRVs. Members of the ADRV Committee, a sub-committee of ASADA members, make decisions in relation to potential doping matters and have extensive experience in the medical and scientific review of doping allegations. They operate under a full ASADA member-approved charter. |
