Bruce Baird (Cook, Liberal Party) Share this | Hansard source

I am very pleased to support the Australian Sports Anti-Doping Authority Bill 2005 and to commend the minister, Senator Rod Kemp, who is doing an outstanding job as Minister for the Arts and Sport, and his officers and members of the Sports Commission. I think all of us are very proud of Australia’s sporting achievements, including at the Olympic level. When we think of the outstanding performance of the Australian team at the last Olympics, in Athens, which I had the good fortune to attend, it is something of which we are very proud. We had a record haul of medals. We are very proud of the way in which women have come to the fore, particularly in swimming, achieving incredible results, breaking world records.

I think we can look forward to the Commonwealth Games as a time at which we will again see an incredible result for Australian athletes. I do not think any of us will be surprised if we end up with the largest share of medals at the forthcoming games in Melbourne. This promises to be a wonderful games, and Melbourne has done an outstanding job in this area.

There is no doubt that, essential to ensuring Australia’s image as a great sporting nation is that we not only take great results from the likes of the Ian Thorpes of the world but also prove to the world that our athletes are drug free, that we run a clean environment in the training of our athletes and that we do not have any high-profile scandals.

I remember the great tragedy for the Greeks when two of their top athletes were caught with drugs. They were devastated by it. I personally believe one of the reasons why the attendance numbers in the first week of the Athens Olympic Games were down was that they were so shocked by those results. So it is important to national pride that we do address the questions of drugs, and this is what this bill is all about.

The ASADA Bill creates the Australian Sports Anti-Doping Authority. We have taken a balanced Tough on Drugs in Sport approach which is appropriate and which is achieving results. It is about having a fair treatment system ensuring that athletes’ rights are protected, because that is also essential. Last year, Minister Rod Kemp announced that the government would establish a new Australian Sports Anti-Doping Authority to take on the advocacy functions of the Australian Sports Drug Agency.

The ASADA Bill will allow the organisation to investigate all antidoping outlined in the World Anti-Doping Code. Specifically the bill provides for ASADA to undertake antidoping testing, determine mandatory antidoping provisions and advise the Australian Sports Commission of progress on the work being carried out. It provides for education for Australian athletes and support personnel. I am sure that is going to be an absolute key. I am sure young people are often tempted to take supplements to lift their performance just a notch higher. It encourages antidoping initiatives by the states and territories, provides antidoping and other services under contract and makes resources available to the Australian Sports Drug Medical Advisory Committee for the performance of its functions.

In the event of serious allegations of doping infractions, Australia will have in place an integrated system—from collecting, preserving and analysis of evidence to making educated recommendations on its findings and carrying a case to a tribunal if required. This is going to enhance our compliance with the World Anti-Doping Code and will also implement the UNESCO International Convention Against Doping in Sport, once ratified by Australia.

The ASADA Bill sets out the broad requirements under which ASADA will operate. The National Anti-Doping Scheme will reflect the provisions of the two major international instruments that I have mentioned. The scheme will contain antidoping rules, protocols for ASADA drug-testing procedures, protocols for establishing a register of its findings and protocols for presentation of doping cases at sporting tribunals. The scheme will set out obligations for Australian sporting organisations such as promoting athlete compliance, referring violations to ASADA, assisting ASADA in the course of its investigations, taking action in response to ASADA finding that a violation has occurred and assisting in hearings. The scheme will authorise ASADA to monitor the compliance of sports and sports administration bodies, notify the Australian Sports Commission in regard to such compliance and publish reports about the extent of compliance.

There is obviously a whole laundry list of things that they are responsible for, but it is a practical way for an antidoping authority to be involved in all the machinations—from first apprehensions, through all the procedures when somebody is caught to assisting with cases et cetera. They will be involved in the transfer of information to the Australian Federal Police. The bill will also contain the rights of the athlete, which I think is important.

The ASADA Bill attaches strict conditions to receipt and disclosure of sensitive information from Customs, the Australian Federal Police and other law enforcement bodies. For example, disclosure must not contravene the terms of Customs initial disclosure to ASADA, and sports in receipt of such information must give an undertaking that any use of the information on its part must be for antidoping purposes and will not occur in a way prejudicial to the subject of the information. Athletes will have access to established external review mechanisms in relation to ASADA investigation, including the Commonwealth Ombudsman, the Administrative Appeals Tribunal and the Federal Court or the Federal Magistrates Court under the Administrative Decisions (Judicial Review) Act 1977.

All that is important because we have had quite a lot of controversy—for example, in the use of coffee, coffee supplements and NoDoz tablets, which I was familiar with as a student but have not used in the sporting field. It is unlikely: I had no great sporting field in which to test it. When some of our young athletes have been accused of a case—you can just imagine—it has been referred to the Australian Federal Police and then gone out to the media. We saw that occur in the cycling area, where information was suddenly broadcast to the media. The devastation in and impact on young athletes of such a provision is unconscionable. By all means, if they are found to be guilty of infractions and have been taking illegal supplements, additives or drugs of any form, they should be held accountable not only by the legal process but also in the court of opinion. If they are using unfair means to gain advantage to win medals, it is against the whole Australian ideal of the athlete and the Australian ideal of a fair go. We want a fair go: if they have achieved the best result they should not have someone else take the medal away from them because that person has been into drugs or supplements. We all want to support that. I am very pleased to see that the rights of the individual are going to be preserved.

The establishment of ASADA represents a significant enhancement to the Tough on Drugs strategy, which is already a world leader. We within government are very proud of that. ASADA will ensure that Australia remains the leader in the international fight against drugs in sport. Mr Deputy Speaker Barresi, I know that you personally will be very interested, coming from the city that is very proud to be hosting the Commonwealth Games, which will put us at the forefront of international sport. We can expect to see many world records broken at this event. We want to ensure that we have not only the finest athletes who do their best and perform to their ultimate but also drug testing done on a fair and appropriate basis, that any cheats are weeded out, appropriate testing is carried out, appropriate procedures are followed and that the athletes’ rights are protected.

I commend the minister, his staff and the Sports Commission. Bringing this bill forward is an important step forward. I believe it is going to add to Australia’s reputation in producing not only fine sportsmen but also a drug-free sport environment. I commend the bill to the House.

See this speech in context