[Cevdopagem] AOC chief critical of drug cheat plans

Ana Teresa Guazzelli Beltrami aninhabeltrami em hotmail.com
Terça Janeiro 17 11:37:00 BRST 2006

AOC chief critical of drug cheat plans
January 16, 2006 - 4:24PM

The federal government's proposals for a single authority to deal with drug 
cheats in sport has come under fire from the Australian Olympic Committee 

The government suggests replacing a complex web of roles and 
responsibilities shared between different regulatory bodies investigating 
and prosecuting illegal drug use in sport with a single body - the 
Australian Sports Anti-Doping Agency (ASADA).

But AOC chairman John Coates has serious reservations about the proposed 
make-up of ASADA.

He said, in a submission to a senate committee investigating the bills 
behind the formation of ASADA, that it had the potential to conflict with 
international agreements and could also victimise innocent athletes.

He said the bills also gave ASADA the power to amend the National 
Anti-Doping Scheme by legislative instrument.

"Consequently, ASADA will have the power and ability to itself determine its 
own functions, with the only limitation being a legal challenge that its 
interpretation of these functions is outside (its) parameters," Mr Coates 

"The AOC is concerned at any body having such power."

It is also proposed that a register would record "possible" or "not proven" 
anti-doping rule violations (ADRVs), but Mr Coates said the process would be 
unworkable and could make the Administrative Appeals Tribunal the 
anti-doping tribunal by default.

"This register and the associated right of appeal to the Administrative 
Appeals Tribunal (AAT) has the potential to make the AAT the de facto 
anti-doping tribunal," he said.

The register would also tie up ASADA's resources with an athlete accused of 
an ADRV able to make a similar challenges to the Court of Arbitration For 
Sport or other sports tribunals.

"The AAT process essentially gives the athlete two bites of the cherry to 
challenge allegations of a possible ADRV," he said.

In addition, ASADA can put an athlete's name on the register after 
investigations were completed without the need for any hearing or 
adjudication independent of the investigation.

Mr Coates said this meant the "potential for loss and damage to an innocent 
athlete was much greater".

"Under the proposed regime, ASADA will be the investigator, prosecutor, 
judge and jury unless and until challenged by the AAT," he said.

"The AOC submits that this would be a potentially serious breach of the 
rules of natural justice."

There were also concerns that the definitions in the laws were inconsistent 
with international conventions.

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