The Australian and New Zealand Sports Law Journal 2010

National sporting organisations and the good governance principles of the Australian Sports Commission

Lloyd Freeburn

The Australian Sports Commission requires good governance in allocating funds and has developed Principles of Good Governance for the guidance of sporting organisations. Despite the endorsement of most of the content of the Principles by the Independent Sport Panel in its 2009 Review, there are questions about the suitability of the Principles in the context of sport, and identified shortcomings diminish their effectiveness.

Compliance, third party payments and the threat to the NRL salary cap

David Thorpe 

Recent breaches of the National Rugby League salary cap by the Melbourne Storm have provided a unique, if incomplete, insight into aspects of salary cap systems in respect of the restraint of trade doctrine. Using these breaches as a backdrop, this paper considers the sustainability of salary caps, in particular that of the NRL, under the restraint of trade doctrine in reference to issues of compliance and third party payments to suggest the possible demise of the NRL salary cap regimen. 

The gathering storm – organised crime and sports corruption

Michael Heron and Chen Jiang 

During the 2010 FIFA World Cup in South Africa, Interpol conducted ‘Operation Soga III’ with a number of Asian governments to crackdown on illegal soccer gambling in Asia. Interpol raided more than 800 illegal gambling dens and made more than 5,000 arrests. Investigations are currently being carried out to determine whether results on the pitch were influenced by the illegal gambling operations. This article explores the connection between organised crime and sports corruption. With the arrival of the Rugby World Cup next year, we review the adequacy of the existing legal framework to deal with sports corruption and seek comment on how we might prepare for it.