Sussan Ley (Farrer, Liberal Party, Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

On behalf of the Minister for Arts and Sport I thank those who have contributed to the debate on the Australian Sports Anti-Doping Authority Bill 2005 and the Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Bill 2005the members for Bruce, for Cook, for Ryan and, most recently, for Hasluck.

These bills establish the Australian Sports Anti-Doping Authority as the single organisational focal point for Australia’s antidoping activities. Testing, investigation, research and education functions will reinforce each other in presenting a unified, integrated response to doping in sport. The creation of ASADA balances a tough on drugs approach, ensuring that all athletes are treated fairly and that athletes’ rights are protected. The bills before the House enhance an Australian antidoping framework that is already world leading. They add more robust arrangements for the investigation and hearing of antidoping violations to the government’s existing drug testing, education and advocacy activities.

The creation of ASADA represents a comprehensive response to Australia’s obligations under the WADA code and the UNESCO International Convention Against Doping in Sport. ASADA will enhance Australia’s compliance with the World Anti-Doping Code and will strategically implement the UNESCO International Convention Against Doping in Sport, to be ratified by Australia, once it enters into force.

There is strong support among sporting organisations for the creation of ASADA, which was emphasised in submissions to the government’s 2004 discussion paper on the proposed creation of a sports doping investigations board. The establishment of ASADA will mean that sports, athletes and the public can have complete confidence that doping allegations will be investigated and pursued in an independent, robust and transparent way. It represents a tough response to doping in sport and a response that treats all athletes fairly.

The ASADA bill sets out the broad requirements under which ASADA will exercise its functions. Detailed protocols and procedures for the exercise of ASADA’s functions will be contained in the National Anti-Doping Scheme, which will be a legislative instrument to be tabled in parliament. The scheme will contain the core functions of ASADA to enable the new authority to operate efficiently and effectively from commencement. It will also carry over and consolidate into a single document the existing regulations and orders relating to ASADA’s current testing functions.

As a condition of any funding from the government, sports will be required to adopt the scheme as part of their antidoping policies, which will include submitting to the antidoping jurisdiction of ASADA. As a condition of the scheme, sports will be required to ensure that their athletes and support personnel cooperate with ASADA officials in carrying out its testing, investigations and presentations at hearings functions. Sports will also be required to accept any findings by ASADA that an individual has committed a doping offence, and issue appropriate infraction notices to athletes.

The bill also contains specific and detailed provisions protecting athletes’ rights and carries over existing safeguards under the ASDA Act. The bill includes provisions facilitating the exchange of sensitive information between ASADA, the Australian Customs Service and the Australian Federal Police in regard to the use and importation of prohibited substances. These provisions, along with the obligations imposed on sports through the contractual arrangements with the government, will put in place a system that will provide ASADA with the powers and ability to carry out its functions effectively and systematically.

The World Anti-Doping Agency, the body responsible for coordinating the international effort against doping in sport, has welcomed the entry of ASADA as the new linchpin in Australia’s antidoping framework. Australia, as host of the Commonwealth Games in Melbourne next month, now has an opportunity, through the creation of ASADA, to underscore to the international sporting community its absolute commitment to fighting against drugs in any sport.

Question agreed to.

Bill read a second time.

Ordered that the bill be reported to the House without amendment.

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