Sportslawyer – Experts in Sports Law Melbourne & Australia-wide

War on Doping in Sport: 2027 updates to the World Anti-Doping Code

Jen — Sun, 31 May 2026 21:09:19 +0000

What is happening and why?

The first World Anti-Doing Code (Code) was approved in January 2003. At that time, the World Anti-Doping Agency (WADA) committed to making sure that the Code would be a living document, which would be reviewed periodically. Since then, there have been several reviews leading to multiple revised versions of the Code.

The most recent Code review, the 2027 Code & IS Update Process, was launched in September 2023. This process was set up to allow stakeholders numerous opportunities to provide feedback on various working drafts of the Code. Following three consultation phases and extensive stakeholder feedback, the 2027 World Anti-Doping Code (2027 Code) and International Standards (Standards) were approved by WADA’s Foundation Board and Executive Committee on 5 December 2025 and will come into effect on 1 January 2027.

In the World Anti-Doping Code and International Standards Implementation Guide 2027, WADA notes the following five general themes which underline the 2027 Code amendments:

additional focus on human rights;
other significant changes made to address athlete interests and rights (including the expansion of the grounds to lift a mandatory Provisional Suspension, and a greater range of sanctions and more avenues for reduction);
mitigating the potential for bias in the Doping Control Process;
the problem of contamination; and
increased emphasis on the responsibility of Athlete Support Personnel.

With the above themes in mind, this article provides an overview of some of the key changes in the 2027 Code.

What are the key changes?

According to WADA, the 2027 Code incorporates over 3,400 individual changes. Significant key changes include the introduction of Independent Review Experts, the reimagining of the sanctioning scheme, the expansion of reduction in sanction for early admission and acceptance, the broadening of the term “Contaminated Product” to “Contaminated Source”, and the softening of the Substantial Assistance provisions.

We now consider some of the key changes in more detail below, in the order in which they appear in the 2027 Code. Please note that this list is not exhaustive and that capitalised terms in this article have the meanings given to them in the 2027 Code, unless otherwise expressly defined.

Article 7.4 – Principles Applicable to Provisional Suspensions

Article 7.4.1 has been amended to provide that a mandatory Provisional Suspension shall be imposed when a person is first notified of the potential anti-doping rule violation (ADRV). (The 2021 World Anti-Doping Code (2021 Code) required a mandatory Provisional Suspension be imposed “promptly”, but this could often take a long time in practice, hence this amendment).

The grounds for lifting a mandatory Provisional Suspension have also been expanded to include the likelihood of a finding of no ADRV, No Fault or Negligence, or the time already served by the Athlete under the Provisional Suspension will exceed the period of Ineligibility, in addition to the likelihood that the potential ADRV is caused by a Contaminated Source.

The process for challenging the imposition of a Provisional Suspension, or failure to lift a Provisional Suspension, has also changed and the mandatory Provisional Suspension applicable to Adverse Analytical Findings for Non-Specified Substances will no longer apply to Substances of Abuse.

Article 7.8 – Cases Subject to Review by Independent Review Expert

A new Article 7.8 has been introduced as a direct consequence of the Chinese swimming matter. The 2027 Code now also includes the following defined term for an Independent Review Expert:

The role of the Independent Review Expert is to review those rare cases where … an Anti-Doping Organization has decided not to proceed with the normal Results Management process. Two individuals will be appointed to undertake the Independent Review Expert responsibilities … – a Primary Independent Review Expert and a Backup Independent Review Expert who will serve in the event the Primary Independent Review Expert is not available to promptly review a case or has a conflict of interest. The Primary and Backup Independent Review Experts shall be legal experts having extensive experience with anti-doping Results Management and with an established reputation of integrity and fairness. Stakeholders will be invited to submit, or encourage individuals to submit, Independent Review Expert applications to WADA’s Independent Nominations Committee. That Committee will nominate at least two individuals which it believes are qualified to serve as the Primary Independent Review Expert or Backup Independent Review Expert. The Primary and Backup Independent Review Experts will then be selected by the WADA Executive Committee … .

In short, under Article 7.8, in the “rare cases” where an Anti-Doping Organisation (ADO) is considering closing a case or not proceeding with normal Results Management processes after receiving an Adverse Analytical Finding (AAF) and completing the initial review required under Article 7.2, the ADO must follow the following process:

The Athlete must be notified of the AAF and a mandatory Provisional Suspension, if applicable, must be imposed;
The ADO must promptly submit a request for an opinion from the Independent Review Expert as to whether public policy or other compelling reasons, taking into account the rights of and impact on clean Athletes, justify the departure from the normal Results Management process for addressing AAFs, and provide a copy of the request to WADA and the other parties entitled to appeal;
The Independent Review Expert will issue a written opinion and recommendation to the ADO, with a copy to WADA, advising whether a departure from the normal Results Management process is justified in the particular circumstances of the case;
After receiving the Independent Review Expert’s opinion and recommendation, the ADO must issue a written decision on whether it will proceed with the normal Results Management process or dismiss the AAF; and
The ADO must provide copies of its decision to WADA, and the decision along with the Independent Review Expert’s opinion and recommendation, must also be provided to each other party entitled to appeal the decision.

Interestingly, the Comment to Article 7.8.1.2:

re-iterates that this process is intended to be reserved for exceptional cases, where proceeding with the normal Results Management processes would be considered an unjustified and unconscionable result by most stakeholders; and
provides, as an example, a case where an ADO determines it is likely that AAFs for multiple Athletes resulted from a Contaminated Source and that the Athletes have a reasonable likelihood of establishing No Fault or Negligence.

Article 10.2 – Ineligibility for Presence, Use or Attempted Use, or Possession of a Prohibited Substance or Prohibited Method.

The amendments to Article 10.2 are quite extensive and complex, in an effort to make the sanctioning scheme more flexible and proportionate, by providing a framework for determining the period of Ineligibility for violations of Presence (Article 2.1), Use or Attempted Use (Article 2.2), or Possession (Article 2.6), which is based on several variables such as:

the substance or method involved (i.e. non-Specified, Specified or Substances of Abuse);
whether the ADRV was intentional;
whether the context of the ingestion, Use or Possession was unrelated to sport performance; and
whether the Athlete can establish how the Prohibited Substance entered their system.

Below are two tables which summarise the different sanctioning scenarios under Article 10.2.1 and 10.2.2 of the 2027 Code.

Following stakeholder feedback, the 2027 Code also contains some changes in relation to Substances of Abuse which are summarised in the table below.

A further important change has been made in relation to Therapeutic Use Exemptions, with a new Article 10.2.4 providing that where the Athlete can establish that the Presence, Use or Attempted Use or Possession met each of the criteria in Article 4.2 of the International Standard for Therapeutic Use Exemptions (except for the need to show there was no reasonable permitted Therapeutic alternative) at the time the Presence, Use or Attempted Use or Possession occurred, then the period of Ineligibility will be a flat two months. This amendment will therefore aid an Athlete who had a diagnosed medical condition at the time the Prohibited Substance was used, but did not apply for a Therapeutic Use Exemption (TUE) at the time, and is not eligible for a retroactive TUE.

The periods of Ineligibility set out in Article 10.2 can be eliminated, reduced or suspended in certain circumstances (for example, where an Athlete can establish No Significant Fault or Negligence and that the Prohibited Substance came from a Contaminated Source) and an appendix to the 2027 Code contains two helpful charts which show the application of Article 10.2 and the different factors related to sanctioning decisions and periods of Ineligibility.

Article 10.3.2 – Sanctions for Whereabouts Failures

The period of Ineligibility for a Whereabouts Failure violation is two years, subject to reduction down to a minimum of one year, if the Athlete can establish circumstances mitigating the Athlete’s degree of Fault. Article 10.3.2 now also states that Fault shall be assessed equally against all three whereabouts failures with the expectation that the Athlete should be on heightened alert after the first and second failures.

Article 10.6.1.2 – Contaminated Source

The 2027 Code contains a number of changes to address the problem of contamination theme identified by WADA. This includes replacing the term “Contaminated Product” with the broader term “Contaminated Source” in Article 10.6.1.2 (in the context of the reduction of the period of Ineligibility based on No Significant Fault or Negligence), and the addition of Article 10.2.1.3 and the reference to “reliable scientific evidence” noted above. Contaminated Source has, in turn, been defined as:

An unforeseeable source of a Prohibited Substance, such as: using or taking a medication or supplement that contains a Prohibited Substance that is not disclosed on the product label or in information accessible by a reasonable artificial intelligence or comparable search; consumption of a food or drink, such as contaminated meat or liquid, that contains a Prohibited Substance with no advance warning, disclosure or other basis to suspect that it may contain a Prohibited Substance; exposure to a Prohibited Substance through the Athlete’s direct physical contact with a third person or physical contact with objects touched or handled by the third person.

In a sign of the times, the above definition contains the first reference to AI in the Code.

Article 10.7.2 – Period of Ineligibility Reduction for ADRVs Based on Early Admission and Acceptance of Sanction

Under Article 10.7.2, if an Athlete or other Person accepts that the ADRV is established and all the asserted Consequences (including the start date of any period of Ineligibility), within 20 days of receiving the ADRV notice of charge, the period of Ineligibility will be reduced as follows:

periods of Ineligibility of 4 years or less will be reduced by 25%;
periods of Ineligibility of more than 4 years, but less than a lifetime, will be reduced by 1 year; and
lifetime bans will not be reduced.

(The 2021 Code only allowed an ADRV which would result in a period of Ineligibility of four years or more to be reduced by one year. The above changes therefore expand the reduction in sanction for early admission and acceptance of sanction, thereby incentivising athletes to settle earlier and allowing the matter to be resolved without the need for a hearing).

Article 10.7.3 – Substantial Assistance in Discovering or Establishing Code Violations

The Substantial Assistance provisions have been softened with Article 10.7.3 now providing that an ADO with Results Management authority can suspend part of the Consequences imposed in an individual case where the Athlete or other Person has provided Substantial Assistance to an ADO, criminal authority, professional disciplinary body, or sport integrity authority which results in the ADO, criminal or disciplinary body, discovering facts constituting, or bringing forward a case. (The 2021 Code previously required that substantial assistance had to “result” in criminal or disciplinary action).

This Article then clarifies that the extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the value of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate doping in sport, non-compliance with the Code and/or sport integrity violations, notes that information involving the potential doping of Protected Persons and Minors shall be considered particularly valuable, and includes a Comment which provides further guidance on evaluating the value of the Substantial Assistance provided.

A new provision also allows the ADO with Results Management authority to initially suspend a smaller portion of the period of Ineligibility and later increase the amount suspended based on reconsideration of the value of the information provided.

Article 10.7.4 – Other Valuable Information and Assistance in the Effort to Eliminate Doping in Sport

This new Article gives an ADO with Results Management authority the power to suspend up to 15% of the otherwise applicable period of Ineligibility imposed in an individual case where the Athlete or other Person has provided other valuable information and assistance which does not meet all of the requirements for Substantial Assistance but is still very valuable to the effort to eliminate doping in sport (with information involving the potential doping of Protected Persons or Minors being considered particularly valuable). Once again, the extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the value of the information and assistance provided by the Athlete or other Person to the effort to eliminate doping in sport, and the ADO can initially suspend a smaller portion of the period of Ineligibility and later increase the amount suspended based on reconsideration of the value of the information provided.

What happens next?

Since the last iteration of the Code in 2021, there have been several high-profile anti-doping related matters which have clearly influenced some of the changes in the 2027 Code. Whether these changes will help prevent similar matters from arising in the future remains to be seen, but they are a positive step in the ongoing war against doping in sport.

We would recommend that all stakeholders spend time reviewing the 2027 Code and Standards now, with a view to identifying any changes that might be relevant to them and considering how best to implement these changes before 1 January 2027.

To assist with this process, WADA recently launched the 2027 Code Implementation Support Program, which contains some helpful resources on the 2027 Code and Standards, including Factsheets, Checklists and Presentations. We also understand that Sport Integrity Australia (SIA) continues to work with stakeholders alongside WADA to implement the Code changes required to be in force by 1 January 2027. Further information and updates can be found on the SIA website.

If you would like any specific advice on the 2027 Code and Standards, please contact our team of experts at SportsLawyer.

Helpful Resources

2027 World Anti-Doping Code
2027 World Anti-Doping Code and International Standards Implementation Guide 2027
WADA World Conference on Doping in Sport concludes with approval of 2027 World Anti-Doping Code and International Standards
WADA launches 2027 Code Implementation Support Program

Authors

Liz Seddon – Special Counsel

Paul Horvath – Principal

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“Duty of Care by Clubs in Professional Sport & the Elijah Hollands case”

Jen — Fri, 24 Apr 2026 12:10:25 +0000

Sports lawyer Paul Horvath says the Hollands incident highlights how critical a club’s duty of care really is. In high‑risk sports like AFL, employers must take every reasonable step to protect player wellbeing — physically and psychologically. WorkSafe’s investigation will now test whether those standards were met.

Read the full article where Paul speaks with journalist Frances Howe.

‘Duty of care’ and what it means to Elijah Hollands and professional sport

As published in the Age, April 24, 2026

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Paul Horvath named Best Lawyer again for 2027

Jen — Wed, 22 Apr 2026 04:14:02 +0000

Sportslawyer is pleased to announce that our Principal, Paul Horvath has been named in the Best Lawyers again for 2027.

This achievement is thanks to our team’s dedicated and close partnership with our clients.

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Paul Horvath on 3AW with Jacqui Felgate – AFL Tribunal Process and Clubs’ Duty of Care

Jen — Tue, 21 Apr 2026 07:51:04 +0000

Paul Horvath says the AFL Tribunal’s handling of the Butters–Foote case exposed technology adaptation issues, including remote‑hearing distractions and a tribunal member driving mid‑proceeding. He suggests that mediation could be explored as a potential resolution option, before matters proceed to time-consuming tribunal processes where appropriate. The appeal succeeded due to an error of law, not a finding of innocence, and the AFL chose not to re‑hear the case.

He also discusses WorkSafe’s investigation into Carlton over Elijah Hollands’ mental‑health situation, noting there is precedent for WorkSafe action in sport. Horvath says both the AFL and clubs share responsibility for player wellbeing and that internal and external reviews are appropriate.

Listen to the interview here

https://www.sportslawyer.com.au/wp-content/uploads/2026/04/Paul-Horvath-on-3AW-Drive-210426.mp3

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Paul Horvath on 3AW with Tom Elliot about the AFL’s newly finalised illicit drugs policy

Jen — Fri, 27 Mar 2026 01:00:09 +0000

The discussion focuses on the AFL’s newly finalised illicit drugs policy, which introduces hair testing and applies to both the AFL and AFLW. Tom Elliott questions why drug use is treated differently from other medical issues, arguing that injuries and illnesses are openly disclosed while drug-related matters are kept confidential.

Sports lawyer Paul Horvath explains that the policy is welfare‑focused, voluntary, and distinct from performance‑enhancing drug rules. He says strict privacy and confidentiality obligations apply, with information shared only on a need‑to‑know basis to support player rehabilitation. As a result, club doctors and senior administrators may be informed, but coaches are not, unless it relates to player availability.

Listen to the full interview here

https://www.sportslawyer.com.au/wp-content/uploads/2026/04/3AW-Mornings-Paul-Horvath-with-Tom-Elliott-27.03.26.mp3

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SportsLawyer’s 2025 Key Cases Review

Jen — Wed, 11 Feb 2026 22:34:19 +0000

2025 was a standout year for SportsLawyer. Working closely with athletes, clubs, sporting organisations, and commercial partners across Australia, the team at SportsLawyer delivered strategic, practical outcomes at every level of the sporting ecosystem—from grassroots to elite competition.

Defamation

The team at Sportslawyer received urgent notification from a national sporting association alleging a high-profile television and radio presenter had defamed association members during their programs. We acted promptly and successfully obtained a confidential settlement including retractions of the statements, and public apologies from the presenter on national television and on radio.

Social Media Policy breach – NST Appeal

The team at Sportslawyer acted for a state level athlete disciplined for an allegedly offensive post on social media. The athlete’s initial sanction would have resulted in their inability to participate in their teams’ finals campaign. We successfully advocated for a reduced sanction before the Tribunal allowing our client to return to their team in the finals. Upon the athlete’s return, their team won their respective semi-final and grand final matches.

Illicit drug use (proven to be out-of-competition)

We represented a high-profile national athlete, relating to an anti-doping rule violation. The athlete was immediately provisionally suspended, just as his team was commencing a finals campaign. The team at Sportslawyer provided urgent advice following notification and successfully reduced the athlete’s suspension to one (1) month from four (4) years arguing that the rule violation occurred out-of-competition, was for a specified substance (recreational drug), and the athlete undertook an education course. The case was finalised within 30 days (including all NST hearings) of the athlete’s original notification and suspension.

Meat Contamination (anti-doping)

We acted for an Australian international-level athlete facing a serious anti-doping charge following an adverse analytical finding arising from out-of-competition testing. The team at Sportslawyer produced detailed submissions to support the athlete’s innocence based on contaminated meat and strategically advised the athlete on their interactions with the international sporting integrity body which resulted in the matter not proceeding to charges.

Discrimination (VCAT matter)

We acted for a Victorian state league sporting association against whom proceedings were brought by a former director alleging discrimination. We provided targeted and timely advocacy and strategic advice. The team at Sportslawyer coupled its sports law experience with its employment law expertise, and with the assistance of experienced counsel provided the client with confident and commercially appropriate legal advice which led to the matter resolving at mediation.

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Player Strike support for Mathew Nean’s 20-year ban

Jen — Wed, 04 Feb 2026 21:25:21 +0000

Please see below an article written by Sean Teuma and first published on The Daily Telegraph on 3 February 2026.

‘We’re not bluffing’ : 30 bush footy players, officials strike after Mathew Nean’s 20-year ban not addressed

30 players and official have confirmed strike action in the Group-4 competition after Mathew Nean’s controversial 20-year suspension wasn’t addressed at a meeting. See the full list of those on strike.

The strike is on.

A total of 30 players and officials in Group 4 have indicated they will not participate in the upcoming season after a league meeting failed to meet their demands.

Prior to Tuesday’s meeting, the group of players, coaches, a referee and official said they would stand down if Mathew Nean’s 20-year suspension wasn’t addressed.

It stems from his suspension in the 2016 Group 4 grand final where he was handed an 18-week ban for making contact with referee James Brown, extended to 20 years after he was unsuccessful at the judiciary.

Chris Vidler is one of the 30 vowing not to participate until the suspension is overturned, and said the group believes he has been unfairly treated over the past decade.

‘We said last week we weren’t bluffing,” Vidler said.

“This isn’t about headlines. This is about standing up when something isn’t right.”

“Matt has already lost nearly ten years of his life in the game. We’ve watched him be locked out of grounds, unable to coach, unable to even support his kids properly on the sideline.”

“We were hoping this meeting would finally deal with it. It didn’t.”

“When compassion disappears, people in the community start asking whether the system treats everyone the same.”

This masthead understands in response to the strike action, an extraordinary meeting will be held this Friday afternoon to discuss Nean’s case.

The meeting was called by the Group 4 committee of the NSWRL, with current chair Shane Cullen to the chair the meeting.

Indications suggest only evidence-based material relevant to the case will be considered.

PLAYERS/OFFICALS ON STRIKE

Chris Vidler (Moree Boars)	Jermain Walford (North Tamworth Bears)
Chris Hunt (Coach) (North Tamworth Bears)	Damian Ribel (North Tamworth Bears)
Michael Watton (Captain/Coach) (Moree Boars)	Richard Chatfield (Kootingal Roosters)
Mathew Wilson (Captain/Coach) (Dungowan Cowboys)	Bradley Way (Kootingal Roosters)
Steve Donovan (Dungowan Cowboys)	Jessie Camichael (Kootingal Roosters)
Malakai Johnson (Dungowan Cowboys)	Robbie Lay (Kootingal Roosters)
Dale Woods (Dungowan Cowboys)	Mekhi Rzadkowski (Kootingal Roosters)
Trent Taylor (Dungowan Cowboys)	Jayden Graham (Kootingal Roosters)
Farren Lamb (Narrabri Blues)	Jay Graham (Kootingal Roosters)
Billy Nean (Boggabri Kangaroos)	Jamie Burridge (Kootingal Roosters)
Mitchell Doring (Werris Creek Magpies)	Adam Cook (Kootingal Roosters)
Fletcher Wells (Werris Creek Magpies)	Peter Adams (Kootingal Roosters)
Harlee Millgate (Werris Creek Magpies)	Leroy Livermore (Kootingal Roosters)
Kyle Cochrane (Werris Creek Magpies)	Brayden Jerrard (Kootingal Roosters)
Lad Jones (Official)	Luke Brown (Referee)

If you missed the featured story on Mathew’s ban on A Current Affair, please click HERE to watch.

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Mathew Nean’s legal push as seen on A Current Affair

Jen — Wed, 14 Jan 2026 00:58:57 +0000

Mathew is a proud Indigenous rugby league player who we have been assisting for the past four years. In 2016, he was suspended for 20 years from playing and participating in rugby league – all because of a referee contact incident that has to be seen to be believed.

Recently, our principal Paul Horvath was featured on Channel 9’s A Current Affair in its story about Mathew’s circumstances. It is a story about redemption, grit, and resilience. We strongly encourage you to watch the story below.

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Australia Anti-Doping Processes: Balancing a Level Playing Field Against Unintentional Offences

Paul Horvath — Thu, 18 Dec 2025 20:00:42 +0000

You are an up and coming athlete. You have finally qualified for a competition you’ve always dreamed of. You monitor everything you consume because you know you need to be meticulous about what goes into your body. Then, six weeks out, you test positive for a banned substance. Suddenly, your whole world is turned upside down and you’re told that you cannot compete and train for four years. How has this happened and what can be done?

…

Australia Anti-Doping Processes: Balancing a Level Playing Field Against Unintentional OffencesRead More »

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Abuse in Sport: Mitigating Risk for All Participants in Sporting Organisations

Jen — Fri, 28 Mar 2025 03:11:09 +0000

In 2022, the Victoria University conducted a survey found that over 80% of respondents, faced some form of abuse in community sports. This survey highlights the necessity of identifying and dismantling these pervasive cultural norms that often normalise harmful behaviours. Sport, requires a safe and abuse-free environment to be maintained by all stakeholders, athletes, coaches, and participants. The prioritisation of abuse prevention in sport has become essential. The prevalence of abuse cases reveals systemic maltreatment of athletes and stakeholders at various levels and across different sports. This highlights the urgent need for comprehensive policies, education, and safeguards to protect all participants of a club.

By doing so, sporting organisations will ensure a high standard of mental wellbeing of all participants, and create strong benchmarks for appropriate ethical standards and safe environments.

In this article, we will discuss the measures that can be implemented within a sporting organisation to reduce the prevalence of abuse.

What is abuse?

There are various common forms of abuse in sport such as:

Physical abuse, which includes hitting, destroying property, food deprivation, etc.
Sexual abuse, which includes assault, rape, unwanted touching, sexual jokes, etc.
Emotional abuse, which includes Intimidation, humiliation, intentional, and repeated embarrassment in public.
Verbal abuse, which includes repeated insults, body shaming, aggressive yelling, name-calling, etc.
Financial abuse, which includes forbidding someone from working, restricting access to bank accounts, etc.

Abuse in sport can manifest in various forms. Abuse can occur between any individuals involved, regardless of their roles within the sport. The impact of abuse is profound to all involved in sport. Abusive environments in sport, affect not only the victims and the sporting organisations but also the promotion of safe and inclusive sports. Creating a culture of respect, accountability, and support is essential to protect all participants. It is instrumental to ensure the well-being of everyone involved in the sporting community.

Coaches and authority figures wield immense power. In some cases, they exploit their position to inflict harm on athletes. High-profile cases of abuse, such as the Larry Nassar scandal in USA Gymnastics, has shed light on the systemic failures that allowed such atrocities to occur. Larry Nassar was the team doctor of the USA Gymnastics for over 15 years, and used his high authority position to sexually abuse over 265 women in sport. He was jailed in 2018 for a minimum of 40 years (and maximum of 125 years) for his crimes.

The Larry Nassar scandal has inspired countless athletes to courageously share their own experiences of abuse in sport. Many athletes in Australia have stood up and shared their experiences, such as Natalie Nalesnyik’s revelations about the abuse she faced from her coach in the sport of gymnastics. Natalies story highlights the responsibility of sports organisations to maintain a standard of care for their members. Her revelation emphasises the importance of implementing strict policies and educational initiatives. By establishing comprehensive guidelines and consequences for abusive behaviour, these organisations can foster a safer environment that protects athletes and upholds their rights.

Strategies to prevent abuse in sport

To address the challenges of abuse in sport, a multifaceted approach is necessary. To help increase oversight, it is beneficial for sporting organisations to adopt these practices:

1) Implementation of policies

Policies are crucial for governing sporting organisations. They establish clear acceptable conduct for all participants in sports organisations, and establish processes on how to deal with complaints of abuse. They encompass various topics, including protection from abuse and complaints management. The implementation of policies creates a framework for members to follow clear standards of behavior, be held accountable for their actions, and ensures participants understand the consequences of failing to comply with the policies. Consequently, breaches may be escalated to internal or external tribunals to evaluate specific cases against established policies or laws. By having policies in place, it allows sporting organisations to have clear guidelines for behavioural standards for all participants and clear enforcement processes.

It is important for sporting organisations to establish a clear Code of Conduct. A Code of Conduct is a set of rules, principles and values which participants of a sporting organisation must follow in order for the organisations to create an inclusive environment for all within the sporting communities. Establishing clear Code of Conduct is instrumental for setting standards of expected behavior that all participants in sporting organisations must comply with otherwise they may be prosecuted for a breach of such Codes.

Another potential approach is enforcing a strict zero-tolerance policy. This ensures any participant who breaks a rule or abuses others within sporting organisations will be punished.

This hopefully will protect participants from abuse, and provide a consistent application of processes and penalties for breaches of the Code of Conduct and zero tolerance policy. It is important for sporting organisations to have set policies, as well as communicate them to all members involved.

2) Educational programs on abuse

A sporting organisation with a robust integrity framework can significantly reduce abuse cases by emphasising education as a key prevention strategy. Compulsory training modules for all participants in sporting activities—defined as players, parents and or guardians, trainers, officials, and facilitators—are essential to ensure safety and integrity are upheld in sporting organisations. By introducing training modules, participants will be aware of possible abuse that could occur within a sporting organisation. Such education may be available online, live or on demand or in person. Participants have resources available to them to be able to act when abuse occurs. Ultimately leading to a safer and more inclusive environment.

Moreover, sporting organisations should ensure that all participants are aware of the policies. Here, any new member should be provided with the policies such as the Code of Conduct. Participants should read, ask questions, and sign that they acknowledge the rules set in place. Additionally, any updates on the policies should be distributed to all participants. Essentially, the policies and updates will spread awareness within the sporting organisations and minimise the prevalence of abuse by applying set policies.

In Australia, various government-sponsored initiatives, such as Play by the Rules and programs from Sports Integrity Australia, facilitate access to educational tools and courses. These initiatives provide the resources and education to combat abuse in sport. Additionally, many sporting organisations develop and implement their own internal education programs and training courses to further enhance participant knowledge and compliance. Sporting organisations could also provide their coaches, athletes and parents an annual statement of behavioural standards for all.

Further educational practices could include:

Raising awareness of abuse through club newsletters.
Sporting organisations enforcing regular seminars and educational material on abuse, for new members/coaches/stakeholders.
Providing posters and hand out material, on preventative measures in combating abuse.
Implementing safeguarding individuals at sporting events.

3) Preventative measures

Many preventative measures can be set in place to reduce retaliation and abuse in sport. Sporting organisations can conduct thorough screening of applicant coaches through processes such as:

Maintaining regular Working With Children’s Check for each event. This ensures all individuals have the right to work with children and thus, protect the young members in sporting organisations.
Maintaining disciplinary registers. This would act as a strict screening process to ensure repeat offenders are caught before they can enter a sporting organisation.
Working with Integrity teams and complaints officers to run background checks within community. This stops recidivists or anyone with criminal backgrounds from entering sporting organisations.

A Member Protection Policy (‘MPP’), is a policy which stipulates standards of behaviour, and sets out the rights of all participants. MPPs aim to eliminate discrimination, bullying and harassment (sexual abuse) and victimization, and spell out investigative processes, mediation options and tribunal processes where members are alleged to breach the MPP. Implementing effective MPP’s, employing integrity staff, and collaborating with government-sponsored integrity departments are crucial for maintaining up-to-date abuse prevention strategies.

Knowing the background of participants and their past history, can lower the rate of perpetrators moving into other sporting organisations.

4) Tackling retribution for reporting abuse

To build trust with members, it is crucial to thoroughly investigate all abuse cases and encourage the reporting of misconduct by creating a supportive environment. Individual’s should feel safe and supported when reporting misconduct within a sporting organisation. Here, whistleblowing is reporting certain types of wrongdoing, and is pivotal in eliminating toxic cultures. By encouraging

individuals to report misconduct, dishonest or illegal activity, sporting organisations allow participants to feel protected within the sport environment. Participants will be able to feel safe to talk to safeguarding officers, or authorities about abusive instances. Strengthening policies to prohibit retaliation against those who report suspected abuse fosters a culture of accountability. Implementing whistleblowing can incentivise reporting, while ensuring anonymity during misconduct investigations helps protect individuals who come forward.

Furthermore, The Australian Securities and Investments Commission (‘ASIC’) state that public companies and large proprietary companies of the Australian Prudential Regulation Authority (‘APRA’) regulated entities must now have a whistleblower policy. Subsequently, if a sporting organisation is an APRA-regulated entity, it must have a whistleblowing policy. Moreover, Consumer Affairs Victoria, provide a complaint handling process, where clubs and associations can make a general complaint. Essentially, these options allow sporting organisations to reduce the prevalence of abuse and toxic environments.

Conclusion

Ultimately, minimising abuse in sport requires a multi-faceted approach that focuses on education, prevention, and accountability. By implementing strategies that adopt screening programs for key personnel and address the root causes of abuse by promoting a culture of respect and fairness, we can create a safer and more inclusive sporting environment for all participants.

To find out more about member protection policies read our article on our SportsLawyer website. At SportsLawyer we are specialists in member protection policies for sporting organisations of all sizes, across all capital cities and regions of Australia. We partner with your club, organisation or association to revie policies or create up-to-date policies that meet your needs. Contact SportsLawyer to discuss where your policies, preventative measures, and educational programs can be improved. Please call (03) 9642 0435 to meet with our award-winning Sports Law team.

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