Whereabouts policy

 

 

Download a PDF copy of the ASADA Whereabouts Policy:  asada_policy_athlete_whereabouts_141223.pdf

 

Policy Authority and Monitoring

Approval

Ben McDevitt

Chief Executive Officer
Australian Sports Anti-Doping Authority

 

Approval Date

23 December 2014

Effective Date

1 January 2015

Version 

6

Review Frequency

As required. This Policy will be reviewed prior to any major system changes that may be relevant to this Policy.

Date Last Reviewed

22 December 2014

 

1.         Introduction and Scope

1.1.      The Australian Sports Anti-Doping Authority (ASADA) has the role and responsibility of a National Anti-Doping Organisation (NADO) for Australia under the UNESCO International Convention Against Doping in Sport and the World Anti-Doping Code (the Code). 

1.2.      The signatories to the UNESCO International Convention Against Doping in Sport recognise that effective Out-of-Competition Testing programs are essential to the fight against doping in sport.  They also recognise that effective Out-of-Competition Testing requires accurate and complete Athlete whereabouts information (Whereabouts Filing). 

1.3.      As a NADO under the Code, ASADA has a number of responsibilities relating to Whereabouts Filing, including the establishment of a national Registered Testing Pool (RTP), the setting of Whereabouts Filing requirements and policies and the development of systems and procedures to collect, monitor and manage Whereabouts Filing.  ASADA also has a responsibility to notify Athletes of their rights and responsibilities in relation to the provision of Whereabouts Filings.

1.4.      As a result, the Code, the Australian Sports Anti-Doping Authority Act 2006 (ASADA Act) and Australian Sports Anti-Doping Authority Regulations 2006 (ASADA Regulations), which contain the National Anti-Doping (NAD) scheme, require certain Athletes to provide current and accurate Whereabouts Filing to enable them to be located for Testing.

1.5.      The 2015 Code harmonises the area of athlete whereabouts, by requiring
Anti-Doping Organisations (ADOs) including ASADA to implement the standardised whereabouts requirements set out in the International Standard for Testing and Investigations (ISTI).  As a result, all Athletes in a RTP are subject to the same whereabouts requirements, which means that Whereabouts Failures declared against such an Athlete, can be recognised and aggregated for purposes of determining violations of Code Article 2.4[1] (whereabouts anti-doping rule violation (ADRVs)).

[1] Code Article 2.4 provides that three whereabouts violations (i.e. failure to file whereabouts information or missed tests or a combination of missed tests and filing failures) will constitute an ADRV.

1.6.      Section 12(1)(b) of the ASADA Act 2006 provides that the NAD scheme may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a relevant international anti-doping instrument as is in force or existing from time to time.  The Code and ISTI are relevant international anti-doping instruments.

1.7.      The NAD scheme makes provision in relation to athlete’s whereabouts in clause 2.01D by applying, adopting or incorporating, the ISTI as it relates to athlete whereabouts matters.

1.8.      Clause 2.01D of the NAD scheme provides that the following is an anti-doping rule violation:

Any combination of 3 missed tests or filing failures (or both), as defined in the International Standard for Testing and Investigations, within a 12 month period by an athlete in a registered testing pool, constitutes a violation of an anti‑doping rule.

1.9.      This Policy outlines the applicable requirements referred to in clause 2.01D of the NAD scheme and comprises of rules that comply with the ISTI.  

1.10.   This document and its accompanying attachments describe ASADA’s Policy in relation to:

(a)     collecting, maintaining and monitoring adequate and accurate Whereabouts Filing to ensure that testing can be planned and conducted at No Advance Notice for all Athletes included in ASADA’s RTP;

(b)     determining ADRVs in accordance with Code Article 2.4 and entering the name and details of an Athlete onto the Violations List as a result of an Athlete:

(i)         failing to comply with a request to inform ASADA of their location (also known as a Filing Failure); and/or

(ii)         failing to be located for collection of a Sample after being requested to provide their location (also known as a Missed Test); and

(iii)        providing fraudulent information in his or her Whereabouts Filing, whether in relation to his or her location during the specified daily nominated hour, or in relation to his or her whereabouts outside that time slot, or otherwise under Code Article 2.3[2] and/or Code Article 2.5[3]

[2] Code Article 2.3 is an ADRV of refusing or failing without compelling justification to submit to Sample collection after notification as authorised in applicable anti-doping rules, or otherwise evading Sample collection.

 

[3] Code Article 2.5 is an ADRV of Tampering or Attempted Tampering with any part of Doping Control.

1.11.   Recognition arrangements:

ASADA will, for the purposes of Whereabouts Failures under this Policy, consider other Whereabouts Failures declared by ADOs in accordance with the ISTI in force at the time.

 

2.         Definitions

ADAMS the Anti-Doping Administration and Management System is a Web-based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti-doping operations in conjunction with data protection legislation.

Anti-Doping Organisation (ADO) a ‘Signatory’ [to the World Anti-Doping Code] that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process.  This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organisations that conduct Testing at their Events, WADA, International Federations, and National Anti-Doping Organisations.

ADRV means an anti-doping rule violation as defined in clause 2 of the NAD scheme.

ADRVP means the Anti-Doping Rule Violation Panel established under section 40 of the ASADA Act 2006.

Athlete has the meaning given in clause 1.06 of the NAD scheme.

Athlete Whereabouts Online System (AWOS) means ASADA’s Athlete Whereabouts Online System, accessible through the ASADA website at www.asada.gov.au.

ASADA means, where the context requires based on the functions, power and responsibilities conferred under the ASADA Act

(a)  The CEO of ASADA appointed under the ASADA Act

(b)  Australian Sports Anti-Doping Authority established under the ASADA Act; or

(c)  The Anti-Doping Rule Violation Panel (ADRVP)

ASADA Act means the Australian Sports Anti-Doping Authority Act 2005 as amended from time to time and includes the ASADA Regulations and any statutory or subordinate legislative instrument that replaces or supersedes the Australian Sport Anti-Doing Authority Act 2006 and/or the ASADA Regulations from time to time

ASADA Regulations means the Australian Sports Anti-Doping Authority Regulations 2006 as amended from time to time (and which includes for the avoidance of doubt, the NAD Scheme promulgated by those regulations).

ASC means the Australian Sports Commission. 

Authorised Representative means a person nominated by the Athlete to submit and update their Whereabouts Filing, directly to ASADA, on the Athlete’s behalf.

Code means the World Anti-Doping Code in force at the date of this document as amended from time to time.

Competition means a single race, match, game or singular athletic contest. For Example, a basketball game or the finals of the Olympic 100-meter race in athletics, for stage races and other athletic contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provided in the rules of the applicable International Federation.

Doping Control Officer (DCO) means an official who has been trained and authorised or contracted by ASADA with responsibility for the on-site management of a Sample collection session.

Doping Control means all steps and processes from test distribution planning through to ultimate disposition of any appeal including all steps and processes in between such as provision of whereabouts information, Sample collection and handling, laboratory analysis, therapeutic use exemptions, results management and hearings.

Event means a series of individual Competitions conducted together under one ruling body (e.g. the Olympic Games, FINA World Championships or Pan American Games).

Filing Failure means a failure by the Athlete (or by a third party to whom the Athlete has delegated this task, in accordance with clause 3.9 or clause 3.15 of this Policy) to make an accurate and complete Whereabouts Filing in accordance with clause 3.

In-Competition means that unless provided otherwise in the rules of an International Federation or other relevant ADO, “In-Competition” means the period commencing twelve hours before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition.

International Federation (IF) means an international sporting federation, and in relation to a particular type of sporting event or sporting activity, means a body having international control over that sport or sporting event.

Missed Test means a failure by the Athlete to be available for Testing at the location and time specified in the nominated hour identified in his or her Whereabouts Filing for the day in question, in accordance with clause 5 of the Policy.

NADO (National Anti-Doping Organisation) means the entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti-doping rules, direct the collection of Samples, the management of test results, and the conduct of hearings, all at the national level.  This includes an entity which may be designated by multiple countries to serve as regional ADO for such countries.  If this designation has not been made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.

National Anti-Doping scheme (NAD scheme) means the National Anti-Doping scheme contained in Schedule 1 to the ASADA Regulations.

National Sporting Organisation (NSO) in relation to a particular sport, means:

(a)  a sporting organisation that is recognised by the IF that has international control over the sport as being the organisation responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia or in another country; or

(b)   whether or not there is an IF that has international control over the sport—a sporting organisation that is recognised by the ASC, or is generally recognised, as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia or in another country.

No Advance Notice means a Doping Control which takes place with no advance warning to the Athlete and where the Athlete is continuously chaperoned from the moment of notification through Sample provision.

Out-of-Competition means any Doping Control which is not In-Competition.

Registered Testing Pool (RTP) means the pool of Athletes established by ASADA who are subject to this Policy in accordance with the criteria set out in Attachment A.

Responsible ADO means the Anti-Doping Organisation with responsibility for a particular whereabouts matter.

Sample means any human biological material collected for the purposes of Doping Control.

Sporting Administration Body (SAB) as defined in the ASADA Act means:

(a)   the International Olympic Committee; or

(b)   WADA; or

(c)    a NADO as defined in the Code; or

(d)   a foreign sporting organisation; or

(e)   an NSO; or

(f)    a sporting organisation; or

(g)    a tribunal, committee or other investigative body that is associated with a body referred to in one or more of paragraphs (a) to (f) above; or

(h)   the ASC;

but does not include ASADA, the Advisory Group or the ADRVP.

Support person has the same meaning given to it in clause 1.07 of the NAD scheme.

Team Sport means a sport in which the substitution of players is permitted during a Competition.

Testing means the parts of Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.

Violations List The Violations List is maintained by the ADRVP under Division 4.3 of the NAD scheme.

Whereabouts Failure means a Filing Failure or a Missed Test.

Whereabouts FilingInformation provided by or on behalf of an Athlete in a registered testing pool that sets out the Athlete’s whereabouts during the following quarter, in accordance with clause 3.

WADA means the World Anti-Doping Agency

2.1       Italicised terms are those terms defined in clause 2, Definitions.

2.2       When a time period is referred to in a number of days, in this context days refers to calendar days not working days.

 

3.         Whereabouts Filing Requirements

3.1       ASADA will establish an RTP. Attachment A sets out ASADA’s current criteria for the inclusion of Athletes in ASADA’s RTP. Athletes will be advised in writing by ASADA of their inclusion in ASADA’s RTP. Athletes will be advised of their obligations once included in the RTP.

3.2       If ASADA asks an intellectually disabled Athlete to provide Whereabouts Information, ASADA will give at least one of the following persons oral or written notice that ASADA has made the request;

            (a) the athlete’s spouse;

            (b) the athlete’s parent or guardian;

            (c) the athlete’s coach;

            (d) a representative of a relevant sporting administration body

3.3       An Athlete included in ASADA’s RTP will continue to be subject to the Athlete Whereabouts Filing requirements specified from time to time unless or until;

(a)     the Athlete is given written notice by ASADA stating that he or she  is no longer in ASADA's RTP;

(b)     the Athlete gives notice in accordance with the relevant rules of the Athlete’s IF, NSO and/or ASADA under clause 3.19 of the NAD scheme (Retired athletes), as the case may be, of their retirement from competition (retirement notice);

(c)     if an Athlete gives a retirement notice, any Whereabouts Failures declared against the athlete as at the date of retirement will be maintained in the event an Athlete seeks reinstatement. The time period between retirement and reinstatement does not count in the calculation of the 12 Month period under clause 7.4 of this Policy.

3.3       NSOs are required to provide to ASADA personal details of an Athlete from its sport on the RTP as follows:

(a)        first name;

(b)        surname;

(c)        gender; and

(d)       date of birth

Any changes to an Athlete’s personal information, as described in this clause, can only be effected by ASADA upon written notification by the Athlete’s NSO.

3.5       NSOs are also required to provide initial contact details for an Athlete which will include, but is not limited to:

(a)        primary residential address;

(b)        primary mailing address;

(c)        primary contact telephone numbers;

(d)        coach details;

(e)        team doctor details (if applicable); and

(f)         primary email address (if applicable).

3.6       ASADA or the relevant IF will specify a date prior to the first day of each quarter (each quarter starts on 1 January, 1 April, 1 July and 1 October of each year), by which an Athlete included in the RTP must lodge a Whereabouts Filing with ASADA that contains at least the following information: 

[Comment: I.2.2 ISTI If the Athlete is included in the International Federation’s International Registered Testing Pool and in ASADA’s Domestic Testing Pool (or in the Registered Testing Pool of more than one National Anti-Doping Organisation or more than one International Federation), then each of them shall notify the Athlete that he/she is in its pool. Prior to doing so, however, they must agree between themselves which of them the Athlete should provide his/her Whereabouts Filings to, and each notice sent to the Athlete should specify that he/she should provide his/her Whereabouts Filings to that Anti-Doping Organization only (and it will then share that information with the other, and with any other Anti-Doping Organisations having Testing jurisdiction over the Athlete). An Athlete must not be asked to provide Whereabouts Filings to more than one Anti-Doping Organisation.]

a.      complete mailing address where correspondence may be sent to the Athlete for formal notice purposes.  Any notice or other item mailed to that address will be deemed to have been received by the Athlete in accordance with clause 6.01 of the NAD scheme

[Comment:  For these purposes, the Athlete should specify an address where he or she lives or otherwise knows that mail received there will be immediately brought to his or her attention.  The “deemed notice” provisions found at clause 6.01 of the NAD scheme provide the athlete is taken to have received a notice within a certain time of that notice having been sent.  This includes where a notice is served on the Athlete’s NSO if it is returned undelivered from the address supplied by the Athlete). The aim of such provision is to shorten the results management timelines set out in Clause 7].     

b.      details of any telephone number that may be used to contact the athlete;

c.      details of any disability of the Athlete that may affect the procedure to be followed in conducting a Sample collection session;

d.      specific confirmation of the Athlete’s consent to the sharing of his or her Whereabouts Filing with other ADOs having authority to test him or her: see Code Article 14.6;

e.      for each day during the following quarter, the full address of the place where the Athlete will be residing (e.g. home, temporary lodgings, hotel including room number, etc);

f.       for each day during the following quarter, the name and address of each location where the Athlete will train, work or conduct any other regular activity (e.g. place of employment), as well as the usual time-frames for such regular activities; and

[Comment:  This requirement applies only to regular activities, i.e. activities that are part of the Athlete’s regular routine.  For example, if the Athlete’s regular routine includes training at the gym, the pool and the track, and regular physio sessions, then the Athlete should provide the name and address of the gym, track, pool and physio in his or her Whereabouts Filing, and then set out his or her usual routine, e.g.  “Mondays:  9-11 gym, 13-17 gym; Tuesdays:   9-11 gym, 16–18 gym; Wednesdays:  9–11 track, 3-5 physio; Thursdays: 9-12 gym 16-18 track; Fridays: 9-11  pool 3-5 physio; Saturdays:  9-12 track, 13-15 pool; Sundays: 9-11 track, 13-15 pool”. 

If the Athlete is not currently training, he or she should specify that in his or her Whereabouts Filing and detail any other routine that they will be following in the forthcoming filing period, e.g. his or her work routine, or rehabilitation routine, or other routine, and identify the name and address of each location where that routine is conducted and the timeframe during which it is conducted.]   

g.      the Athlete’s competition schedule for the following quarter, including the name and address of each location where the Athlete is scheduled to compete during the quarter and the date(s) on which he or she  is scheduled to compete at those location(s).

3.7       The Whereabouts Filing must also include, for each day during the following quarter, one specific sixty (60) minute time slot between 5 a.m. and 11 p.m. each day where the Athlete will be available and accessible for Testing at a specific location.

[Comment:  The Athlete can choose which location to identify for this nominated hour.  It could be the Athlete’s place of residence, training or competition, or it could be another location (e.g. work).  A failure to be available for Testing at the specified location during the nominated hour will be pursued as an apparent Missed Test, in accordance with Clause 7.2.]

3.8       Athletes will be advised in writing by ASADA how they may make or update their Whereabouts Filing.

However:

a.    an Athlete cannot update his or her Whereabouts Filing for a day or time that has already passed; and

b.    updates for any one particular day must be received by ASADA prior to the beginning of the nominated hour. An Athlete should update his or her Whereabouts Filing as soon as possible once the whereabouts information provided in it becomes out-dated. While updating will be possible until the last minute, Athletes should not delay until the last minute to update their information unless that is unavoidable. If an Athlete does so delay, ASADA will consider whether it is appropriate to charge the  Athlete with an anti-doping rule violation under Code Article 2.3 (evasion of Sample collection), and/or Tampering or Attempted Tampering with Doping Control under Code Article 2.5.  This includes where an Athlete has updated his or her Whereabouts Filing information to include postponing his or her nominated hour to later on that day, but has delayed that update to within an hour of their original nominated time, Athletes who indicate they are in “transit” as part of their whereabouts filing must be able to produce supporting documentation verifying their travel and location during this period.

c.     Further, if an Athlete updates his or her Whereabouts Filing information during his or her nominated hour, ASADA will consider whether a Whereabouts Violation has occurred. 

[Comment:

Where an Athlete does not know precisely what his or her whereabouts will be at all times during the forthcoming quarter,  he or she  must provide his or her best information, based on where  he or she  expects to be at the relevant times, and then update that information as necessary in accordance with Clause 5.2. ASADA provides mechanisms (e.g. phone, fax, Internet, email) to facilitate the filing of such updates. 

When specifying a location in his or her Whereabouts Filing (whether in his or her original quarterly filing or in an update), the Athlete must provide sufficient information to enable the DCO to find the location, to gain access to the location, and to find the Athlete at the location.  For example, declarations such as “cycling the streets of Melbourne” or listing the “name and address of a hotel but not including the room number in which the Athlete can be located” are insufficient and are likely to result in a Whereabouts Failure. Similarly, specifying a location that the DCO cannot access (e.g. a “restricted-access” building or area) is likely to result in an Unsuccessful Attempt and may therefore result in a Whereabouts Failure.

In such circumstances, there are several possibilities:

i.       Where ASADA is able to determine the insufficiency of the information from the Whereabouts Filing itself, ASADA will pursue such insufficiency as an apparent Filing Failure, in accordance with Clause 7.1

ii.    Where ASADA only discovers the insufficiency of the information when it attempts to test the Athlete and is unable to locate him/her:

iii.   if the insufficient information relates to the nominated hour, ASADA should pursue the matter as an apparent Missed Test, in accordance with Clause 7.2, and/or (where the circumstances warrant) as an evasion of Sample collection under Code Article 2.3, and/or as Tampering or Attempted Tampering with Doping Control under Code Article 2.5; and

iv.  if the insufficient information relates to periods outside the nominated hour, then ASADA should pursue the matter as an apparent Filing Failure, in accordance with Clause 7.3, and/or (where the circumstances warrant) as an evasion of Sample collection under Code Article 2.3, and/or as Tampering or Attempting to Tamper with Doping Control under Code Article 2.5.]  

3.9          Any Athlete who provides fraudulent information in his or her Whereabouts Filing, whether in relation to his or her location during the specified daily nominated hour, or in relation to his or her whereabouts outside that time slot, or otherwise, may have committed an anti-doping rule violation under Code Article 2.3 (evading Sample collection) and/or Code Article 2.5 (Tampering or Attempting to Tamper with Doping Control).

[Comment:  Any decision to treat an incident as evading Sample collection under Code Article 2.3 and/or as Tampering or Attempting to Tamper with Doping Control under Code Article 2.5 shall be without prejudice to ASADA’s ability to treat the same incident as a Whereabouts Failure under Code Article 2.4 and vice versa.]

3.10       An Athlete in a registered testing pool may choose to delegate the making of some or all of his or her Whereabouts Filings required under Clauses 3.5 and 3.6 of this Policy (and/or any updates to his or her Whereabouts Filing referred to in clause 3.7 of this Policy) to a third party, such as coach, a manager or an NSO administrator, provided that the third party agrees to such delegation. 

[Comment:  See Clause 3.14 for a discussion of the application of Clause 3.9 in the specific context of a Team Sport.  For the avoidance of doubt, however, an Athlete in a sport that is not a Team Sport may also delegate the making of his or her Whereabouts Filings to a third party for some or all relevant periods, provided that the third party agrees.

ASADA requires written notice of any agreed delegation pursuant to Clause 3.9 to be filed with it, signed by both the Athlete in question and the third party delegate.] 

3.11       In all cases, however, including in Team Sports:

a.      each Athlete in a registered testing pool remains ultimately responsible at all times for making accurate and complete Whereabouts Filings as required by Clause 3, whether  he or she makes each filing personally or delegates it to a third party (or a combination of the two).  It shall not be a defence to an allegation of a Filing Failure under Code Article 2.4 that the Athlete delegated such responsibility to a third party and that third party failed to comply with the applicable requirements; and

b.      each Athlete included in a registered testing pool remains personally responsible at all times for ensuring he or she  is available for Testing at the whereabouts declared on his or her Whereabouts Filings, whether he or she  made that filing personally or delegated it to a third party (or a combination of the two).  It shall not be a defence to an allegation of a Missed Test under Code Article 2.4 that the Athlete had delegated responsibility for filing his or her whereabouts information for the relevant period to a third party and that third party had failed to file the correct information or failed to update previously-filed information so as to ensure that the whereabouts information in the Whereabouts Filing for the day in question was current and accurate.

 

            Team Sports

3.12       An IF of a Team Sport may define its RTP by reference to teams, i.e. so that the Athletes in its RTP are some or all of the Athletes on particular teams within the relevant period.

[Comment:   For example, an IF may choose to define its RTP by reference to its top-ranked national representative teams at any given time.  In a year in which that IF’s World Championships are played, it may choose to expand its RTP to include all of the national representative teams that have qualified to compete in the World Championships.  The IF may delegate the responsibility for collecting such Athletes’ whereabouts information to the relevant NSO.

A NADO that includes a Team Sport within its national RTP may take the same approach.]

3.13       In such circumstances, to reflect the fact that membership of a team may change regularly, the IF shall issue rules addressing changes in the composition of the RTP during the relevant period.   

[Comment:  For example, in a Team Sport where a registered testing pool is identified by reference to national representative teams, the IF might fix membership by reference to the Athletes included in the last national representative squad selected prior to the quarter in question.  If a new squad is selected during the quarter that is different in composition from the prior squad, the IF’s rules will determine whether the changes are reflected immediately (e.g., any Athlete from the first squad who is not in the second squad drops out of the RTP with immediate effect) or alternatively as of the beginning of the next quarter (i.e., the Athlete not in the second squad remains in the RTP until the end of the quarter).] 

3.14       In a Team Sport where the RTP is defined by reference to teams, Athletes on the designated teams are likely to carry out most of their sporting activities (e.g., training, traveling, tactical sessions) on a collective basis.  Accordingly, much of the whereabouts information required under this clause will be the same for all of the Athletes on the team.  Furthermore, on occasions when an Athlete on a team is not participating in a scheduled team collective activity (e.g. because of injury), he or she is likely to be pursuing other activities under the supervision of his or her team (e.g. treatment by a team doctor).  Such team-based activities, collective or otherwise, shall be known, for purposes of this International Standard for Testing, as “Team Activity”. 

3.15       An Athlete who is included in a registered testing pool by reference to the fact that he or she plays for a particular team is subject to the same individual whereabouts requirements set out in this Policy as an Athlete who is included in a registered testing pool by reference to some other criterion.  In accordance with clauses 3.9 and 3.10, however, the Athlete may delegate the task of making some or all of the Whereabouts Filings required under clauses 3.5 and 3.6 (and/or any updates to Whereabouts Filings required under clause 5.2) to the team, to be carried out by (for example, depending on the rules of the Responsible ADO) a coach, a manager or a NSO representative. 

[Comment:  For the avoidance of doubt, for the sake of convenience and efficiency, an Athlete in a Team Sport may delegate the making of his or her Whereabouts Filings to his or her team not only in respect of periods of Team Activity but also in respect of periods where he or she is not with the team, provided the team agrees.  In such circumstances, it will be necessary for the Athlete to provide the information as to his or her individual whereabouts for the period in question to the team, to supplement the information it provides in relation to Team Activities.

In those Team Sports where an Athlete may play for more than one team, and therefore may be involved in Team Activity for more than one team in any given filing period, clear provision should be made in the relevant rules for the collection and submission of the information required under Clause 3.  For example, where an IF defines its RTP by reference to national representative teams, the Athletes on such teams may spend much of their time with their national representative teams, competing in International Events, but they may also spend a significant amount of time with their clubs, competing in domestic and/or regional Events. In such circumstances, the NSO should collect the information as to the Athlete’s Team Activities for his or her club and include it in the Whereabouts Filing alongside the information as to the national representative team’s Team Activities and the Athlete’s individual whereabouts information for the relevant period.]  

3.16       In the circumstances identified in Clause 3.14 the team (e.g. the NSO) may make the Whereabouts Filing on behalf of its Athletes, providing the information required under Clause 3, as follows:

a.      a complete mailing address for formal notice purposes, in accordance with Clause 3.5(a).  Where agreed with the Athlete, this notice may be sent care of the team

b.      the information specified in Clauses 3.5(b), (c), (d) and (f);

c.      for each day in the following quarter, the time(s) each day of any Team Activity, whether that is a collective activity (e.g. training) or an individual activity under the supervision of the team (e.g. medical treatment), along with the venue and any other details required in order for the Athlete to be located during the time(s) in question; and

[Comment:  If the Athlete conducts other regular activities outside Team Activities (e.g., he is an amateur Athlete and therefore also works), then the locations and time-frames of such other regular activities should also be disclosed, in accordance with Clause 3.5(e).]

d.      for each day in the following quarter, one specific one hour time slot between 5 a.m. and 11 p.m. where the Athlete will be available and accessible for Testing at a specific location.  For the avoidance of doubt, this one hour time slot may be during any Team activity conducted on the day in question.  

3.17       For Athletes in RTPs in Team Sports, liability for Filing Failures shall be determined in accordance with Clause 4.1, and liability for Missed Tests shall be determined in accordance with Clause 5.2.  In accordance with Clause 3.10: 

a.      if the team does not make a required Whereabouts Filing, or makes the Whereabouts Filing but does not include all of the required information, then (subject to the requirements of Clause 4.1) the Athlete will be liable for a Filing Failure under Code Article 2.4; and

b.      if any of the required information changes after a Whereabouts Filing is made, then in accordance with Clause 5.2 an update must be filed so that the Whereabouts Filing remains accurate at all times.  If an update is not made, and as a result an attempt to test the Athlete during the one hour time slot is unsuccessful, then (subject to the requirements of Clause 6.1) the Athlete will be liable for a Missed Test under Code Article 2.4.    

[Comment:  For example, if an attempt to test an Athlete during a one hour time slot designated within a particular Team Activity period is unsuccessful due to a team official filing the wrong information in relation to the Team Activity, or failing to update previously-filed information where the details of the Team Activity have subsequently changed, the team may be liable for sanction under the applicable rules of the IF for such failure, but the Athlete him/herself will still be liable (assuming that the requirements of Clause 6.1 are satisfied) for a Missed Test. This must be the case because if an Athlete is able to blame his or her team if he or she  is not available for Testing at a location declared by his team, then he or she  will be able to avoid accountability for his or her whereabouts for Testing.  Of course the team has the same interest as the Athlete in ensuring the accuracy of the Whereabouts Filing and avoiding any Whereabouts Failures on the part of the Athlete.]

3.18       In addition to maintaining the RTP in accordance with the foregoing provisions of this Clause, ASADA may establish, in a Team Sport one or more further testing pool(s) for other teams/Athletes under its jurisdiction, and may apply different whereabouts requirements to such pool(s) for purposes of Code Article 2.4. 

[Comment:  A good example of such an additional pool is the whereabouts pool maintained by the Football Association in England in the period 2006-08, consisting of all Athletes playing for certain teams.  Under the FA’s approach, which has been identified by FIFA and the IFs of certain other Team Sports as a useful model, a team designated for inclusion in such pool is responsible for making periodic whereabouts filings with the Football Association, declaring the names of the Athletes registered with the team and the team’s training and competition schedule for the following period.  In other words, the Football Association is advised of the collective whereabouts of the team during the Team Activities referred to in Clause 3.13.  If an attempt is then made to test an Athlete on that team during such a Team Activity and the Athlete in question is not available for Testing at the specified location, then the Athlete is investigated for a potential Missed Test.  If upon investigation it is determined that the Athlete was not available for Testing because the team failed to provide accurate information as to the Athlete’s participation in and/or the location of the relevant Team Activity to the Football Association, then the team rather than the Athlete is subject to sanction.   Otherwise, however, absent exceptional circumstances a Missed Test is declared against the Athlete. 

 

4.         Failure to Provide Whereabouts Filing

4.1          An Athlete may only be declared to have committed a Filing Failure where ASADA, following the results management procedure set out in clause 7.1 of this Policy can establish each of the following:    

a.      that the Athlete was duly notified according to the provisions of clause  3.5(a) of this Policy:

i. that he or she was designated for inclusion in a registered testing pool;

ii. of the consequent requirement to make Whereabouts Filings; and

iii.      of the consequences of any failure to comply with that requirement;

b.      that the Athlete failed to comply with that requirement by the applicable deadline;

[Comment: An Athlete fails to comply with the requirement to make Whereabouts Filings in the following circumstances:

i.    when he or she  does not make any such filing; or

ii.    where he or she  makes the filing (i.e. either the original quarterly filing or an update) but does not include all of the required information (e.g. he or she  does not include a 1 hour time slot for every day of the quarter); or

iii. where he or she  includes information (whether in the original quarterly filing or an update) that is inaccurate (e.g. an address that does not exist) or insufficient to enable ASADA to locate him/her for Testing (e.g. “cycling the streets of Melbourne” or listing the name and address of a Hotel without including the room number). If the inaccuracy or insufficiency relates to the nominated hour, and is only discovered when an attempt is made to test the Athlete during that time slot, that may be pursued as a Missed Test.  In other circumstances, such inaccuracy or insufficiency should be pursued as a Filing Failure.]  

c.      (in the case of a second or third Filing Failure in the same quarter) that he or she  was given notice of the previous Filing Failure and failed to rectify that Filing Failure by the deadline specified in that notice; and

[Comment:  The purpose of this requirement is to ensure fairness to the Athlete.  In the notice of the first Filing Failure that ASADA sends to the Athlete, ASADA will advise the Athlete that, in order to avoid a further Filing Failure, he or she must file the required Whereabouts Filing by the deadline specified in the notice.  That deadline will be set by ASADA].

d.      that the Athlete’s failure to comply was at least negligent.  For these purposes, the Athlete will be presumed to have committed the failure negligently upon proof that he or she was notified of the requirement yet failed to comply with it.  That presumption may only be rebutted by the Athlete establishing that no negligent behaviour on his or her part caused or contributed to the failure. 

[Comment:  In the event that a Code Article 2.4 ADRV is established, the actual degree of fault involved on the part of the Athlete (i.e. negligence or greater) will be relevant to the assessment, under Code Article 10.3.2, of the period of Ineligibility to be imposed].

 

5.         Availability for Testing

5.1          An Athlete in a registered testing pool must specifically be present and available for Testing on any given day in the relevant quarter for the one hour time slot specified for that day in his or her Whereabouts Filing, at the location that the Athlete has specified for that time slot in such filing.

[Comment: This specific requirement is without prejudice to the Athlete’s basic obligation to provide information as to his or her whereabouts generally during the forthcoming quarter, and to submit to Testing at any time and any place during that quarter.

To achieve Testing that is effective in deterring and detecting cheating, best practice requires test distribution planning that makes the timing of Testing unpredictable.  To achieve this, Testing needs to be attempted at different times of the day.  Thus, the intent behind the one hour time slot is not to limit Testing to that period, or to create a ‘default’ period for Testing, but rather:

a.   to make it very clear when an unsuccessful attempt to test an Athlete will count as a Missed Test (which helps the Athlete to avoid a Missed Test and helps ASADA, as well as a hearing panel, to determine when there has been a Missed Test);

b.   to guarantee that the Athlete can be found, and a Sample can be collected, at least once per day (which should deter cheating, or, as a minimum, make it far more difficult);

c.   to increase the reliability of the rest of the whereabouts information provided by the Athlete, and so to assist ASADA in locating the Athlete for Testing outside the one hour time slot:

i. The one hour time slot “anchors” the Athlete to a certain location for a particular day. Combined with the information that the Athlete must provide as to where he or she  is residing, training, competing and conducting other ‘regular’ activities during that day, ASADA should be able to locate the Athlete for Testing outside the one hour time slot, or alternatively to determine whether the information provided as to his or her whereabouts outside that time slot is incomplete and/or inaccurate (which may be pursued, depending on the circumstances, as a Filing Failure under Code Article 2.4, a sample evasion case under Code Article 2.3, and/or a Tampering case under Code Article 2.5)

ii. It is of course in the interests of the Athlete to provide as much information as possible about his or her whereabouts outside the one hour time slot, so that ASADA is able to test him/her outside the one hour time slot and therefore he or she  never risks liability for a Missed Test; and

d.   to generate useful anti-doping intelligence, e.g. if the Athlete regularly specifies time slots with large gaps between them, and/or changes his time slot and/or location at the last minute. Such intelligence can be relied upon as a basis for the target testing of such an Athlete.]

5.2          It is the Athlete’s responsibility to ensure (including by updates, where necessary) that the whereabouts information provided in his or her Whereabouts Filing is sufficient to enable ASADA to locate him/her for Testing on any given day in the quarter, including but not limited to during the one hour time slot specified for that day in his or her Whereabouts Filing.  Where any change in circumstances means that the information previously provided by or on behalf of the Athlete (whether in the initial Whereabouts Filing or in any subsequent update) is no longer accurate or complete (i.e. it is not sufficient to enable ASADA to locate the Athlete for Testing on any given day in the relevant quarter, including but not limited to during the one hour time slot that he or she  has specified for that day), the Athlete must update his or her Whereabouts Filing so that the information on file is again accurate and complete.  He or she must make such updates as soon as possible and in any event prior to the one hour time slot specified in his or her filing for that day.  A failure to do so shall have the following consequences:

a.      if, as a result of such failure, ASADA’s attempt to test the Athlete during the one hour time slot is unsuccessful, then the unsuccessful attempt shall be pursued as an apparent Missed Test in accordance with Clause 7.2; and

b.      if the circumstances so warrant, the failure may be pursued as Evasion of Sample collection under Code Article 2.3, and/or Tampering or Attempted Tampering with Doping Control under Code Article 2.5; and

c.      in any event, ASADA shall consider target testing of the Athlete.

[Comment:  It is ASADA’s responsibility to ensure that it checks for any updates filed by the Athlete prior to attempting to collect a Sample from the Athlete based on his or her Whereabouts Filing.  For the avoidance of doubt, however, an Athlete who updates his or her one hour time slot for a particular day prior to the original one hour slot must still submit to Testing during the original one hour time slot, if he or she  is located for Testing during that original one hour time slot. 

An update of the one hour time slot may be made at any time up until the beginning of the time slot.  In appropriate circumstances, however, last-minute updates by an Athlete may be pursued as a possible anti-doping rule violation of evading Sample collection under Code Article 2.3 and/or Tampering (or Attempting to Tamper) with Doping Control under Code Article 2.5. 

If an update is filed by the Athlete, but the updated information filed is incomplete, or inaccurate, or insufficient to enable ASADA to locate the Athlete, then it may be pursued as a Filing Failure in accordance with clause 4.1(b).]

 

 

6.         Failure to be Available for Testing

6.1       An Athlete may only be declared to have committed a Missed Test where ASADA, following the results management procedure set out in Clause 7.2, can establish each of the following:

a.      that when the Athlete was given notice that he or she  had been designated for inclusion in ASADA’s RTP, he or she  was advised of his or her liability for a Missed Test if he or she  was unavailable for Testing during the one hour time slot specified in his or her Whereabouts Filing at the location specified for that time slot;

b.      that a DCO attempted to test the Athlete on a given day in the quarter, during the one hour time slot specified in the Athlete’s Whereabouts Filing for that day, by visiting the location specified for that time slot;

[Comment:  If the Athlete is not available for Testing at the beginning of the one hour time slot, but becomes available for Testing later on in the one hour time slot, the DCO should collect the Sample and should not process the attempt as an unsuccessful attempt to test, but should include full details of the delay in availability of the Athlete in the DCO’s Sample collection report.  Any pattern of behaviour of this type may be investigated by ASADA as a possible anti-doping rule violation of evading Sample collection under Code Article 2.3 or Code Article 2.5. It may also prompt Target Testing of the Athlete.

If located for Testing, the Athlete must remain with the DCO until the Sample collection has been completed, even if this takes longer than the one hour time slot.

If an Athlete is not available for Testing during his or her specified one hour time slot at the location specified for that time slot for that day, he or she will be liable for a Missed Test even if he or she  is located later that day and a Sample is successfully collected from him/her.] 

c.      that during that specified one hour time slot, the DCO did what was reasonable in the circumstances (i.e. given the nature of the specified location) to try to locate the Athlete, short of giving the Athlete any Advance Notice of the test;

[Comment:  Once the DCO has arrived at the location specified for the one hour time slot, if the Athlete cannot be located immediately then the DCO should remain at that location for whatever time is left of the one hour time slot and during that remaining time he or she should do what is reasonable in the circumstances to try to locate the Athlete.]

d.      that the provisions of clause 6.2 (if applicable) have been met; and

e.      that the Athlete’s failure to be available for Testing at the specified location during the specified one hour time slot was at least negligent. For these purposes, the Athlete will be presumed to have been negligent upon proof of the matters set out at sub-clauses 6.1(a) to (d). That presumption may only be rebutted by the Athlete establishing that no negligent behaviour on his or her part caused or contributed to him/her (i) being unavailable for Testing at such location during such time slot; and (ii) failing to update his or her most recent Whereabouts Filing to give notice of a different location where he or she would instead be available for Testing during a specified one hour time slot on the relevant day.

[Comment: In the event that a Code Article 2.4 anti-doping rule violation is established, the actual degree of fault involved on the part of the Athlete (i.e. whether negligence or greater) will be relevant to the assessment, under Code Article 10.3.2, of the period of Ineligibility to be imposed.]

6.2       To ensure fairness to the Athlete, where an unsuccessful attempt has been made to test an Athlete during one of the one hour time slots specified in his or her Whereabouts Filing, any subsequent attempt to test that Athlete (by ASADA or any other ADO) may only be counted as a Missed Test against that Athlete if that subsequent attempt takes place after the Athlete has received notice, in accordance with Clause 7.2 (b) of the original unsuccessful attempt. There is, however, no restriction on ASADA making further attempts to conduct Sample collection on the Athlete during this time.

6.3       A Missed Test, if  declared, will be deemed to have occurred on the date that the Sample collection was attempted.

6.4      ASADA is not, in any way, limited to using the information contained in the Unsuccessful Attempt report, for the purposes of taking action against any Athlete/Support Person for an apparent Missed Test or a possible Anti-Doping Rule Violation. The information may also be used by ASADA for the purposes of taking action against any Athlete or Support Person for any associated anti-doping rule violation, including but not limited to, a failure to comply with sample collection requirements, evasion, or tampering with a Sample etc.

 

7.         Results Management

7.1       The results management process in respect of an apparent Filing Failure shall be as follows: 

a.         If it appears that all of the Clause 4.1 requirements relating to Filing Failures are satisfied, then no later than 14 (fourteen) days after the date of discovery of the apparent Filing Failure ASADA will send notice to the Athlete in question of the apparent Filing Failure, inviting a response within 14 (fourteen) days of receipt of the notice.  In the notice, ASADA will warn the Athlete:

(i)         that unless the Athlete persuades ASADA that there has not been any Filing Failure, then (subject to the remainder of the results management process set out below) an alleged Whereabouts Failure will be recorded against the Athlete; and

(ii)         of the consequences to the Athlete if a hearing panel upholds the alleged Whereabouts Failure.

[Comment:  The notice should advise the Athlete whether any other Whereabouts Failures have been alleged against him/her in the 12-month period prior to this alleged Whereabouts Failure.]

b.         Where the Athlete disputes the apparent Filing Failure, ASADA will consider a written submission made by the athlete and re-assess whether all of the Clause 4.1 requirements are met. ASADA will advise the Athlete, by letter sent no later than 14 (fourteen) days after receipt of the Athlete’s submission, whether or not it maintains there has been a Filing Failure.

[Comment:  Any notice sent to an Athlete pursuant to Clause 7.1(b) agreeing that there has not been any Filing Failure shall also be sent to WADA and any other party/ies with a right of appeal under Code Article 13, and may be appealed by WADA and/or such other party/ies in accordance with that Article.]

c.         If no response is received from the Athlete by the relevant deadline, or if ASADA maintains (notwithstanding the Athlete’s response) that there has been a Filing Failure, ASADA shall send a notice to the Athlete that an alleged Filing Failure is to be recorded against him or her. The notice, shall at the same time advise the Athlete that he or she has the right to an administrative review of that decision.  A request for an administrative review must be communicated to ASADA within 7 days of receipt of confirmation along with any other written submissions the athlete wishes to provide and should be addressed to ASADA’s Athlete Whereabouts.

d.         Where it is requested by the Athlete, such administrative review shall be conducted by the ASADA Chief Executive Officer or a designee of the ASADA Chief Executive Officer.  The review shall be based on written submissions only, and shall consider whether all of the requirements of clause 4.1 are met.  The review shall be completed within 14 (fourteen) days of receipt of the Athlete’s request and the decision shall be communicated to the Athlete by ASADA’s Chief Executive Officer by letter sent no more than 7 (seven) days after the decision is made;

[Comment:  Nothing in this Article prevents ASADA using a panel of up to three persons to conduct such administrative review, provided that none of those persons has been involved in the previous assessment of the alleged Filing Failure.] 

e.         If the CEO or designee decides on review that the requirements of clause 4.1 have not been met, then the alleged Filing Failure shall not be treated as a Whereabouts Failure for any purpose; and

[Comment:  Any notice sent to an Athlete pursuant to clause 7.1(e), agreeing that there has been no Filing Failure, shall also be sent to WADA and any other party/ies with a right of appeal under Code Article 13, and may be appealed by WADA and/or such party/ies in accordance with that Article.]

f.          If the Athlete does not request an administrative review of the alleged Filing Failure by the relevant deadline, or if the administrative review leads to the conclusion that all of the requirements of Clause 4.1 have been met, then ASADA shall record an alleged Filing Failure against the Athlete and shall notify the Athlete and (on a confidential basis) WADA and all other relevant ADOs of that alleged Filing Failure and the date of its occurrence.

[Comment:  For the avoidance of doubt, ASADA is not precluded from notifying other relevant ADOs (on a strictly confidential basis) of the alleged Filing Failure at an earlier stage of the results management process.  Rather, ASADA is entitled to do so, where it considers it appropriate (for test planning purposes or otherwise). 

The Clause 7.1(f) notice should again advise the Athlete whether any other Whereabouts Failures have been alleged against him/her in respect of the 12-month period prior to this alleged Filing Failure.]

7.2       The results management process in the case of an apparent Missed Test shall be as follows:

a.         The DCO shall file an Unsuccessful Attempt Report with ASADA, setting out the details of the attempted Sample collection, including the date of the attempt, the location visited, the exact arrival and departure times at the location, the step(s) taken at the location to try to find the Athlete, including details of any contact made with third parties, and any other relevant details about the attempted Sample collection. 

b.         If it appears that all of the clause 6.1 requirements relating to Missed Tests are satisfied, then no later than 14 (fourteen) days after the date of the unsuccessful attempt, ASADA will send notice to the Athlete of the unsuccessful attempt, inviting a submission within 14 (fourteen) days of receipt of the notice.  In the notice, ASADA will warn the Athlete:

i. that unless the Athlete persuades ASADA that there has not been any Missed Test, then (subject to the remainder of the results management process set out below) an alleged Missed Test will be recorded against the Athlete; and

ii. of the consequences to the Athlete if a hearing panel upholds the alleged Missed Test;   

[Comment:  The notice should also advise the Athlete whether any other Whereabouts Failures have been declared against him/her in the 12-month period prior to this alleged Missed Test.]

c.         Where the Athlete disputes the apparent Missed Test, ASADA will consider a written submission made by the athlete and re-assess whether all of the clause 6.1 requirements are met. ASADA will advise the Athlete, by letter sent no later than 14 (fourteen) days after receipt of the Athlete’s submission, whether or not it maintains that there has been a Missed Test;

[Comment:  Any notice sent to an Athlete pursuant to clause 7.2(c), agreeing that there has been no Missed Test, shall also be sent to WADA and any other party/ies with a right of appeal under Code Article 13, and may be appealed by WADA and/or such party/ies in accordance with that Article.]

d.         If no response is received from the Athlete by the relevant deadline, or if ASADA maintains (notwithstanding the Athlete’s response) that there has been a Missed Test, ASADA shall send notice to the Athlete that an alleged Missed Test is to be recorded against him or her. The notice shall at the same time advise the Athlete that he or she has the right to an administrative review of that decision.  A request for an administrative review must be communicated to ASADA within 7 days of receipt of confirmation along with any other written submissions the Athlete wishes to provide and should be addressed to ASADA’s Athlete Whereabouts: The Unsuccessful Attempt Report must be provided to the Athlete at this point if it has not been provided earlier in the process.

[Comment:  ASADA may provide the Unsuccessful Attempt Report to the Athlete prior to this stage if it so chooses (i.e. when it sends the initial notice in accordance with clause 7.2(b)), or it may initially provide only the basic details of the apparent Missed Test, holding back the full Unsuccessful Attempt Report to be provided only at this stage.] 

e.         Where requested, such administrative review shall be conducted by ASADA’s Chief Executive Officer or a designee of the ASADA Chief Executive Officer, shall be based on written submissions only, and shall consider whether all of the requirements of clause 6.1 are met.  If necessary, the relevant DCO may be asked to provide further information to ASADA’s Chief Executive Officer or designee.  The review shall be completed within 14 (fourteen) days of receipt of the Athlete’s request and the decision shall be communicated to the Athlete by ASADA’s Chief Executive Officer by letter sent no more than 7 (seven) days after the decision is made; 

[Comment:  Nothing in this Article prevents ASADA setting up a panel of up to three persons to conduct such administrative review, provided that none of those persons has been involved in the previous assessment of the alleged Missed Test.]

f.          If the CEO or designee decides that the requirements of clause 6.1 have not been met, then the unsuccessful attempt to test the Athlete shall not be treated as a Missed Test for any purpose; and

[Comment:  Any notice sent to an Athlete pursuant to clause 7.2(f), agreeing that there has been no Missed Test, shall also be sent to WADA and any other party/ies with a right of appeal under Code Article 13, and may be appealed by WADA and/or such party/ies in accordance with that Article.]

g.         If the Athlete does not request an administrative review of the alleged Missed Test by the relevant deadline, or if the administrative review leads to the conclusion that all of the requirements of clause 6.1 have been met, then ASADA shall record an alleged Missed Test against the Athlete and, in the case of an administrative review, shall notify the Athlete and (on a confidential basis) WADA and all other relevant ADOs of that alleged Missed Test and the date of its occurrence.

[Comment:  For the avoidance of doubt, the ADO that attempted the test is not precluded from notifying other relevant ADOs (on a strictly confidential basis) of the alleged Missed Test at an earlier stage of the results management process.  Rather, it is entitled to do so, where it considers it appropriate (for test planning purposes or otherwise).

The clause 7.2(g) notice should again advise the Athlete whether any other Whereabouts Failures have been alleged against him/her in respect of the 12-month period prior to this alleged Missed Test.

Whenever such notice is received, if the ADO with results management responsibility, is different from the ADO that attempted the test, then the ADO with results management responsibility is encouraged to review the file immediately to determine whether, in its view, the evidence in relation to the Missed Test declared by the ADO that attempted the test is sufficient to establish a Whereabouts Failure under Code Article 2.4.  The reviewing ADO should raise any issues of concern with the notifying ADO as soon as possible, i.e. it should not wait until an Athlete has amassed three alleged Whereabouts Failures within any one 12-month period before raising any concern.  Any decision by the reviewing ADO that a Whereabouts Failure recorded by another ADO should be disregarded for lack of sufficient evidence shall be communicated to the other ADO and to WADA, shall be without prejudice to WADA’s right of appeal under Code Article 13, and in any event shall not affect the validity of any other Whereabouts Failures declared against the Athlete in question.]  

7.3       An ADO that declares, or that receives notice of, a Whereabouts Failure in respect of an Athlete shall not disclose that information beyond those persons with a need to know unless and until that Athlete is found to have committed an anti-doping rule violation under Code Article 2.4 based on (among other things) such Whereabouts Failure.  Such persons who need to know shall also maintain the confidentiality of such information until the same point.

[Comment:  This shall not preclude ASADA from publishing a general statistical report of its activities that discloses in general terms the number of Whereabouts Failures that have been declared in respect of Athletes under its jurisdiction during a particular period, provided that it does not publish any information that might reveal the identity of the Athletes involved. An ADO should not disclose that a particular Athlete does (or does not) have any Whereabouts Failures alleged against him/her (or that a particular sport does, or does not, have Athletes with Whereabouts Failures alleged against them).] 

7.4       ASADA shall keep a record of all Whereabouts Failures alleged in respect of each Athlete within its RTP.  Where it is alleged that such an Athlete has committed 3 (three) Whereabouts Failures within any 12-month period:

a.         Where two or more of those Whereabouts Failures were alleged by an ADO that had the Athlete in its RTP at the time of those failures, then that ADO (whether the IF or ASADA) shall be the Responsible ADO for purposes of bringing proceedings against the Athlete under Code Article 2.4.  If not (for example, if the Whereabouts Failures were alleged by three different ADOs), then the Responsible ADO for these purposes will be the ADO whose RTP the Athlete was in as of the date of the third Whereabouts Failure.  If the Athlete was in both an international and a national Registered Testing Pool as of that date, the Responsible ADO for these purposes shall be the IF

[Comment:  The Responsible ADO shall have the right to receive, from any other ADO that has recorded one of the alleged Whereabouts Failures, such further information about that alleged Whereabouts Failure as the Responsible ADO may reasonably require in order to assess the strength of the evidence of such alleged Whereabouts Failure and to bring proceedings under Code Article 2.4 in reliance thereon.  If the Responsible ADO decides in good faith that the evidence in relation to such alleged Whereabouts Failure(s) is insufficient to support such proceedings under Code Article 2.4, then it may decline to bring proceedings based on such alleged Whereabouts Failure(s).  Any decision by a Responsible ADO that a declared Whereabouts Failure should be disregarded for lack of sufficient evidence shall be communicated to the other ADO and to WADA, shall be without prejudice to WADA’s right of appeal under Code Article 13, and in any event shall not affect the validity of the other Whereabouts Failures alleged against the Athlete in question.]

b.         Where the Responsible ADO fails to bring proceedings against an Athlete under Code Article 2.4 within 30 (thirty) days of WADA receiving notice of that Athlete’s third alleged Whereabouts Failure in any 12-month period, then it shall be deemed that the Responsible ADO has decided that no anti-doping rule violation was committed, for purposes of triggering the appeal rights set out at Code Article 13 (in particular Article 13.2).    

[Comment:  In such circumstances, the ADO(s) that alleged such Whereabouts Failure(s) must provide to WADA, upon request, such further information about the alleged Whereabouts Failure(s) as WADA shall reasonably require in order to assess the strength of the evidence of such alleged Whereabouts Failure(s) and (where it deems it appropriate) to bring an appeal in accordance with Code Article 13.] 

7.5       An Athlete alleged to have committed an anti-doping rule violation under Code Article 2.4 shall have the right to have such allegation determined at a full evidentiary hearing in accordance with Code Article 8.  The hearing panel shall not be bound by any determination made during the results management process, whether as to the adequacy of any explanation offered for a Whereabouts Failure or otherwise.  Instead, the burden shall be on the ADO bringing the proceedings to establish all of the requisite elements of each alleged Whereabouts Failure

[Comment:  Nothing in clause 7.5 is intended to prevent the ADO challenging an argument raised on the Athlete’s behalf at the hearing on the basis that it could have been but was not raised at an earlier stage of the results management process. 

The ADO that brings proceedings against an Athlete under Code Article 2.4 should also consider in good faith whether or not a Provisional Suspension should be imposed on the Athlete pending determination of the proceedings, in accordance with Code Article 7.9.

If the hearing panel decides that one (or two) alleged Whereabouts Failures have been established to the required standard, but that the third alleged Whereabouts Failure has not, then no Code Article 2.4 anti-doping rule violation shall be found to have occurred.  However, if the Athlete then commits one (or two) further Whereabouts Failures within the relevant 12-month period, new proceedings may be brought based on a combination of the Whereabouts Failure(s) established to the satisfaction of the hearing panel in the previous proceedings (in accordance with Code Article 3.2.3) and the Whereabouts Failure(s) subsequently committed by the Athlete.   

 

A finding that an Athlete has committed an ADRV under Code Article 2.4 of the Code has the following Consequences:

a.      imposition of a period of Ineligibility in accordance with Code Article 10.3.2 (first violation) or Code Article 10.7 (second violation); and

b.      in accordance with Code Article 10.8, Disqualification (unless fairness requires otherwise) of all individual results obtained by an Athlete from the date of the ADRV through to the date of commencement of any Provisional Suspension or Ineligibility period, with all of the resulting consequences, including forfeiture of any medals, points and prizes.  For these purposes, the anti-doping rule violation shall be deemed to have occurred on the date of the third Whereabouts Failure found by the hearing panel to have occurred.

The impact of any Code Article 2.4 ADRV by an individual Athlete on the results of any team for which that Athlete has played during the relevant period shall be determined in accordance with Code Article 11.]

7.6       Athletes who fail to comply with ASADA’s Whereabouts Policy requirements may have committed an ADRV in accordance with the Code and NAD scheme.

7.7       A finding that an Athlete has committed an anti-doping rule violation under Code Article 2.4 of the Code has the following Consequences:

(a)  imposition of a period of Ineligibility in accordance with Code Article 10.3.2 (first violation) or Code Article 10.7 (second violation); and

(b)  in accordance with Code Article 10.8, Disqualification (unless fairness requires otherwise) of all individual results obtained by an Athlete from the date of the anti-doping rule violation through to the date of commencement of any Provisional Suspension or Ineligibility period, with all of the resulting consequences, including forfeiture of any medals, points and prizes. For these purposes, the anti-doping rule violation shall be deemed to have occurred on the date of the third Whereabouts Failure found by the hearing panel to have occurred.

The impact of any Code Article 2.4 anti-doping rule violation by an individual Athlete on the results of any team for which that Athlete has played during the relevant period shall be determined in accordance with Code Article 11.]

 

8.         Management of Athlete’s Information

8.1       In accordance with the ASADA Act and ASADA Regulations, and in particular the NAD scheme,  ASADA may use and disseminate Athlete Whereabouts Information as authorised under the ASADA Act and ASADA Regulations.

8.2       Athlete’s Whereabouts Filing shall be:

(a)        maintained by ASADA in strict confidence at all times;

(b)        used by ASADA pursuant to its powers and functions under the ASADA Act and ASADA Regulations for the implementation, coordination, administration, monitoring and enforcement by ASADA of effective Doping Control measures; and

(c)        destroyed pursuant to the relevant requirements under the Archives Act 1983 (Cth).

8.3       ASADA may, as part of a measure to ensure accurate contact details for Athletes, provide the NSOs with an up-to-date list of the NSO’s Athletes, within the RTP, at a minimum of every six months. The NSOs will provide to ASADA and/or verify the contact details of any Athlete who may be added to the RTP. ASADA may also make the list of Athletes within the RTP available to other SABs.

8.4       ASADA may also disclose Athlete Whereabouts Information to a number of parties in circumstances as described in the ASADA Act and ASADA Regulations including but not limited to SABs.

8.5      Where the ADRVP determines that an ADRV has occurred, the Athlete’s name and details of the relevant ADRV will be entered on the Violations List and ASADA must disclose the entry in accordance with Division 4.4 of the NAD scheme (‘Disclosure of Information’)

8.6      For further information on ASADA’s handling of the athlete’s personal information please refer to Attachment C “Athlete Privacy Information Notice”.

 

References

World Anti-Doping Code

ASADA Act 2006 and ASADA Regulations, which contains the National Anti-Doping scheme.

International Standard for Testing and Investigations 2015

 

Authority

Endorsed by the CEO of the Australian Sports Anti-Doping Authority   December 2014.

 

 

 

ATTACHMENT A

CRITERIA FOR ATHLETE INCLUSION IN ASADA’S REGISTERED TESTING POOL (RTP)

Inclusion in ASADA’s RTP is based on a number of factors related to the Athlete and the sport including:

  • Those athletes included on any International Federation (IF) RTP (where relevant to ASADA’s Test Distribution Plan (TDP))
  • Olympic & Paralympic athletes (where relevant to ASADA’s TDP)
  • Physical demands of sport and possible performance enhancing benefits  that doping may elicit;
  • Available doping analysis statistics;
  • Available research on doping trends;
  • Injury or return from injury or any period of inactivity from other causes;
  • Withdrawal or absence from expected competition;
  • Going out or coming into retirement;
  • Behaviour indicating doping;
  • Sudden major improvement in performance;
  • Changes in Athlete Whereabouts Information that can indicate a potential increase in the risk of doping, including moving to a remote location;
  • Athlete sport performance history;
  • Details of past tests;
  • Athlete reinstatement after period of ineligibility;
  • Reliable information from a third party;
  • Training periods and Competition season;
  • Athletes who are serving periods of ineligibility or provisional suspensions as consequences of anti-doping rule violations; and
  • Subject to agreement from time to time with the relevant IF.

 

ATTACHMENT B

 

 

 

 

ATHLETE WHEREABOUTS INFORMATION

 

AUTHORISED REPRESENTATIVE DECLARATION

 

 

 

Name of Athlete

I,________________________________________________________________

 

of _________________________________________________________________

 
 

Athlete Residential Address

 

 

 

National Sporting Organisation and Sport Discipline

_________________________________________________________________

 

 

Name of Authorised Representative

authorise__________________________________________________________

 

 

Authorised Representative Residential Address

of________________________________________________________________

 

 

Authorised Representative Postal Address

and______________________________________________________________

 

 

 

Home___________________Work___________________Mobile_____________

 
 

Authorised Representative Phone Contact Details

 

 

 

Authorised Representative Email Address

Email_________________________________________

 

 

 

Authorised Representative Date of Birth

Date of Birth_______________

 

 

to provide and/or update the Australian Sports Anti-Doping Authority (ASADA) with my Athlete Whereabouts Information.

 

I acknowledge that my authorisation to my named Authorised Representative does not in any way reduce or abrogate my responsibilities as an athlete to ensure that the Athlete Whereabouts Information provided to ASADA is at all times current, accurate and complete.

 

I understand that if my Authorised Representative fails to provide the required Athlete Whereabouts Information, in whole or in part, or provides incorrect information to ASADA, then the ADRVP may declare that I have committed a possible anti-doping rule violation:

 

Violation of applicable requirements regarding athlete availability for
out-of-competition testing, including failure to file required whereabouts information and missed tests that are declared based on rules that comply with the International Standard for Testing.

 

I further understand that if I have already received two such declarations, and my Authorised Representative fails to provide the required Athlete Whereabouts Information, in whole or in part or provides incorrect information to ASADA, then the ADRVP may determine that I have committed a possible anti-doping rule violation—violation of applicable Athlete Whereabouts requirements.

 

As a consequence, if the ADRVP is satisfied that a possible anti-doping rule violation has occurred, my name and relevant details will be entered on the Register of Findings and my National Sporting Organisation and any other relevant sporting administration body will be informed.

 

 

______________________________       ______________________________ 

           
 

Athlete Name

 

Athlete Signature

 

Date

 

 

 

 

 

______________________________       ______________________________ 

           
   

Authorised Representative Signature

 

Date

 

Authorised Representative Name

 

 

 

 

 

 

Note to Athlete:

 

When completing this form please print all details, using black or blue pen.

 

Completed forms should be sent to ASADA by mail, scanned email or fax:

 

Athlete Whereabouts Mail - PO Box 1744, Fyshwick ACT 2609

Athlete Whereabouts Fax - 02 6222 4210 (International +61 2 6222 4210)

Athlete Whereabouts Email - athlete.whereabouts@asada.gov.au

 

 

 

 

Attachment C

Athlete Privacy Notice