Pat Conroy (Shortland, Australian Labor Party, Shadow Minister for International Development and the Pacific) Share this | Link to this | Hansard source

Sport holds a special place in Australian culture, and for many Australians it's a central part of our way of life. Australians quite rightly expect sport to be fair, clean and safe. No nation and no sport are immune from integrity threats that can put at risk these expectations. Labor is committed to supporting appropriate responses to real threats facing Australia's sporting integrity. When the integrity of Australian sport is weakened, it can have a cascading impact on the benefits of sport to Australia at all levels—from the contribution of professional sport to our economy to the participation of Australians in grassroots community sport.

Threats to Australia's sports integrity evolve over time, and so too must Australia's response to them. I don't need to go through the sordid history of the various sports scandals, but it is true that when we see a scandal in sport it diminishes the reputation of both that sport and participation in that sport, whether it be the Armstrong doping scandals in cycling, the various scandals involving the Manly Sea Eagles and a couple of AFL teams around the use of calf's blood a decade ago, or the various incidents around betting. Integrity must be upheld in every sport. In fact, the prevalence of online betting agencies, the ability to bet on sporting events in minute detail and the ability to move markets quite easily mean that urgent action is required to make sure that the integrity of Australian sports is maintained.

That's why the review of Australia's sports integrity arrangements completed last year, known as the Wood review, was so important. It was broad and complex. It returned 52 recommendations that sit across several portfolios and agencies. The government's response to the review, including the plan to establish the National Sports Tribunal, builds on Labor's establishment of the National Integrity of Sport Unit in 2012 and the strengthening of the Australian Sports Anti-Doping Authority's powers in 2013. Labor will continue to work with the sports sector and agencies to provide strong, appropriate protections to the integrity and reputation of sport in Australia. We will continue not only to work with the government but also to closely monitor, in response to the Wood review, the recommendations to ensure they're implemented fairly and with consideration for the rights and wellbeing of athletes. Labor supports this bill, the National Sports Tribunal Bill 2019.

The companion bill, the National Sports Tribunal (Consequential Amendments and Transitional Provisions) Bill 2019, which we are debating cognately, deals with the consequential and transitional matters arising from the enactment of the National Sports Tribunal Bill 2019. In my earlier remarks on the National Sports Tribunal Bill, I outlined Labor's support for appropriate responses to threats to Australia's sports integrity. This bill enables the establishment of the tribunal through consequential amendments and transitional arrangements, and, as such, Labor supports this bill.

Given the nature of these bills, it is essential that there be a bipartisan approach. The integrity of sport must be upheld in this country. As I said before, when a scandal rocks Australian sport it undermines both the professional level of that sport and the grassroots participation in that sport, and that's something that we must avoid at all costs. On that basis, I commend these bills to the House.

John Alexander (Bennelong, Liberal Party) Share this | Link to this | Hansard source

Australia is a great sporting nation. In the last few days alone, we've seen our all-conquering women's cricket team winning in the West Indies, Ash Barty regaining the world's No. 1 ranking, the inspirational Dylan Alcott narrowly missing a grand slam and, of course, the Bradmanesque Steve Smith help us hang onto the Ashes and win in the UK for the first time since 2001. We celebrate victory, we celebrate effort and we even celebrate noble defeats. But, as we know all too well, when we find out that our athletes have not been playing by the rules, it leaves us feeling sick with shame. We put sporting prowess on such high pedestals that, when we find out that our people have gotten there nefariously, our national identity is shaken to the core.

Tribunals are never popular but they are necessary for Australians to have faith in the teams and individuals who represent us. To take a pertinent example, while many decried Steve Smith's ban as overly harsh, it was that unwavering decision made by those at Cricket Australia which allowed him the full redemption story we have seen him pulling off in recent days. Because of the judicious handling by authorities, there were no lingering doubts or resentment about his place in the team, a place which has brought us glory today.

Back in 2017, when we commissioned the Wood review of Australia's sports integrity arrangements, sports around the world had been through a rough patch. Locally, we had seen issues in the Essendon football team, but, on a global scale, there were problems in athletics and recent memories of widespread doping by national swimming teams at the 2016 Olympics. The previously established national sports integrity unit was a good start but had no investigative powers, making it a fairly lame duck. We commissioned the Wood review not only in response to growing global threats to the integrity of sport but also to ensure we actively protect Australia's sports and sport participants as well as the economic, health, cultural and social benefits of sport to the Australian community.

The government commissioned the Wood review in 2017 and released the review report in August 2018. It represents the most comprehensive review of sports integrity arrangements ever conducted in Australia, if not globally. The panel looked at similar models from around the world—including New Zealand, Japan and the UK—for best practice. From this, they determined a tribunal would greatly enhance the credibility of sport in Australia. The government's response is the result of extensive consultation with all stakeholders, including sports players' associations, state and territory governments, law enforcement agencies and wagering service providers. The National Sports Tribunal will offer a cost-effective, transparent, timely and independent dispute resolution function for athletes and sporting bodies.

The tribunal will hear antidoping matters in compliance with the World Anti-Doping Code and other sports related disputes, such as player selection and sports code of conduct matters. Depending on the nature of the issue, disputes may be heard through a variety of resolution methods, including arbitration, conciliation and mediation. Critically, through establishment by statute, the National Sports Tribunal will be given powers to inform itself, including the ability to summon witnesses and compel the provision of relevant documents. These powers have not been given to the agency before and will be critical in making it a successful tool for the future. These powers are not available to in-house sports tribunals, and their provision to the National Sports Tribunal will ensure informed decision-making and the provision of natural justice. Given the ongoing shift towards the need to establish antidoping rules violations through intelligence and investigations complementary to the traditional testing programs, the necessity for such powers is likely to increase. While the National Sports Tribunal will have the power to compel the attendance of witnesses at hearings and to compel a witness to answer questions, these powers do not abrogate a witness's right to claim the privilege against self-incrimination. Such an abrogation of a common-law right would need to be express.

The one downside of regulations in this matter is the manner in which they can wrap up sportspeople in bureaucracies that make demands on them that take them away from the field. Importantly, then, the tribunal will be integrated into the current sporting tribunal landscape, complementing the activities of internal sports facilities presently in place and providing a timely and cost-effective alternative to the Court of Arbitration for Sport, based in Switzerland. A trial period of two years will provide the opportunity to develop sustainable costing arrangements and refine the operations and services of the body. Some constitutional matters impinge on the general division of the tribunal. However, this is not a reason to delay its establishment. We have had reassurance from the minister that the department continues to work with constitutional and commercial law experts to assist sports to access the full suite of services to be offered by the National Sports Tribunal in the most effective way.

A version of this legislation was introduced into the previous parliament. The election and subsequent need for reintroduction has allowed for additional consultation to be undertaken with key stakeholders in both the private and public sectors. The Senate Standing Committee for the Scrutiny of Bills provided comments in relation to the previously introduced bill, seeking clarification on the immunity granted to tribunal members and the reverse burden of proof for the lawful disclosure of information. These issues have been addressed.

The current bill, the National Sports Tribunal Bill 2019, has seen some minor language changes to aid with clarity, as well as the introduction of a civil penalty scheme in addition to the pre-existing criminal offences. This will allow the tribunal to effectively manage its affairs without necessarily needing to always deal with noncompliance in the criminal courts. One further and significant change from the previous version of the bill package is that the bill seeks to amend the Freedom of Information Act 1982 to exempt material from release where it is covered by the secrecy provision of the National Sports Tribunal Bill 2019. This proposed amendment is necessary to ensure that parties to a dispute before the National Sports Tribunal have the appropriate guarantees around the protection of their information, including sensitive medical and health information. Without this assurance, individuals may be reluctant to utilise the National Sports Tribunal due to concerns about privacy and reputation. Similarly, parties may be reluctant to fully participate in proceedings and/or provide required information.

This tribunal will be a great step forward in solidifying the integrity of our world-beating sports men and women. But it's not the only thing that this government is doing on this matter. There is a pipeline of further legislation coming forward so that everyone on the Australian field, court or tracks knows that their competitors are playing within the rules. Legislation to implement agreed enhancements to the National Anti-Doping scheme and to establish Sport Integrity Australia will be introduced in parliament in the near future. Work continues to ratify the Council of Europe Convention on the Manipulation of Sports Competitions—the Macolin convention—which Australia signed in February 2019. The government expects to introduce Commonwealth match-fixing offences legislation in early 2020, and negotiations are underway with all stakeholders on the design and operation of the proposed Australian Sports Wagering Scheme. Together, these will be a comprehensive suite of policies which will ensure the playing field is always level and we can watch as our athletes compete on the world stage, confident that they are representing us honourably and fairly. They can keep inspiring our young Australians and building on our sporting culture of fair and honest competition. This tribunal, as recommended by the Wood review, will provide a desperately needed service to Australian sport: an independent, dependable, honest, prompt, cost-effective and unswerving system for resolving sports disputes in all their forms.

David Coleman (Banks, Liberal Party, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs) Share this | Link to this | Hansard source

Australia is a proud sporting nation. We have a well-earned reputation of competing hard but competing fairly. However, inevitably from time to time sports disciplinary matters arise that require resolution through formal processes. When this happens it is important that there are cost-effective, transparent and consistent policies for resolution. Australia's current sports dispute resolution mechanisms lag behind many similar countries, such as the United Kingdom, Canada, New Zealand and Japan. They are inconsistent and subject to accusations of bias, and they lack powers to get to the truth. They can be costly for participants, and issues can take excessive time to be resolved, particularly when matters have to be resolved in overseas jurisdictions.

The new National Sports Tribunal will eliminate these problems. As identified by the earlier version of this legislation introduced prior to the election, the government will pilot the National Sports Tribunal over two years to ensure it works at its very best, giving sports and participants access to clearer, faster, transparent and cost-effective resolutions of antidoping rule violations and other sports related disputes. I know many sports have been calling for such a tribunal. The government has listened and is delivering. I thank all members for their contributions to the debate on this bill.

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.