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| Letter of
Transmittal
Australia's Anti-Doping Framework |
AppendicesAppendix H – Council of Europe Anti-Doping Convention’s Monitoring Group Compliance Report(Extract from the Council of Europe Anti-Doping Convention’s Monitoring Group compliance report focuses on Australia’s compliance with the Council of Europe Anti-Doping Convention.) Report of the Examining GroupThe Parties, with a view to the reduction and eventual elimination of doping in sport, undertake, within the limits of their respective constitutional provisions, to take the steps necessary to apply the provisions of this Convention. As an overview it appears that Australia has done all that the Convention could have contemplated with respect to taking steps, within their constitutional restraints, to apply the provisions of the Convention. The Convention as an international treaty gives the Commonwealth government some powers and authority; detailed implementation in many areas lies with the six States and two Territories. The Examining Group notes several specific legislative interventions at Commonwealth level notably the Australian Sports Drugs Agency Act and its supporting regulations and orders - which is of a rare level of authority for a national testing programme. There are also legislative initiatives taken with respect to the Customs and the Agriculture, Fisheries and Forestry Departments. In addition are the policy initiatives of Government Departments, e.g. the Therapeutic Goods Administration and quasi-governmental departments such as the Australian Sports Commission (also set up by legislation). The decision by the Australian government to commit A$24m to the implementation of the national Tough on Drugs in Sport strategy before and in the three years following the Sydney Olympics was an important decision. Not only is the amount significant in itself, it also led to the constructive involvement of other relevant Commonwealth agencies under the coordination of the Department of Industry, Science and Resources. The National Report on Australia’s Compliance with the Anti-Doping Convention is of high quality: it also demonstrates the high quality of the Australian approach to the fight against doping in sport. It is clear that for some elements of the Convention, insufficient information was provided for the Examining Group adequately to assess the level of compliance but, for the most part, these are relatively less important matters. The Examining Group would also note the particular nature of the federal system in Australia and the efforts of the Commonwealth government to overcome, by persuasion, some of the barriers to common policies which this seems to provide. Most of the States and Territories have adopted their own specific, but complementary, legislation for anti-doping purposes, including restrictions and penalties for dealing with performance enhancing drugs (“PEDs”). In the opinion of the Examining Group:Australia has a very good strategy for implementing the fight against doping in sport. Australia has very precise and pertinent anti-doping legislation (Australian Sports Drug Agency Act, the relevant Regulations under the Act, and the Testing Schedules under Scheme A (for urine sampling) and Scheme B (for blood sampling)). RecommendationsIt is clear from the above that the Examining Group considers that Australia amply fulfils the obligations it has entered into under the Anti-Doping Convention. In many respects and areas, the measures introduced by the relevant Australian body have been groundbreaking innovations. In many fields, these and other measures are now regarded as amongst the best of their kind. Australia can certainly claim to have one of the most, if not the most, rigorous anti-doping policy and programmes in the world. Many other Parties to the Anti-Doping Convention could derive inspiration for their own policies and programmes from the Australian experience. The basis for this success lies, as is the case following the examination of Norway, with the twofold political and financial commitments by the government and the sports bodies. The very deep sporting ethos and rich sporting culture of Australia provide a fertile ground for a strong anti-doping message to take hold, and in which these commitments can be deployed. The pre-conditions and the commitment were very evident to the Examining Group. The recommendations which follow therefore must be seen in the context of optimising a well-planned, well-coordinated and well-executed system and are offered by the Examining Group in that spirit:
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