2016 Australian and New Zealand Sports Law Journal (Hard Copy)
The 2016 Volume 11 No.1 edition of the Australian and New Zealand Sports Law Journal includes the following articles: -
Work Health and Safety Laws and Professional Sport: New Zealand and Australia Compared
This article examines the application of New Zealand and Australian work health and safety (‘WHS’) laws to professional sport. It explains how statutory WHS duties operate for the benefit of workers and the public and, in the professional sporting context, sportspersons and spectators. and focuses on areas of complexity, such as application in situations where multiple people owe concurrent and overlapping duties; whatconstitutes work and a workplace; and the extent to which risks inherent in many sports moderate WHS duties. The article distils a number of lessons for professional sports and their advisors.
Third Party Witness Compulsion in the Court of Arbitration for Sport
This article examines the issue of third party witness compulsion in the Court of Arbitration for Sport (‘CAS’) in non-analytical positive cases. Under the World Anti-Doping Code (‘WADC’), the World Anti-Doping Agency (‘WADA’) is unable to compel third party witnesses to attend a CAS hearing and to answer questions. The decision of the CAS Panel in World Anti-Doping Agency v Thomas Bellchambers (‘Essendon Case’) demonstrates the challenges of this situation. The article considers the ‘subpoena provisions’ of the International Arbitration Act 1974 (Cth) (‘IAA’) and WADA’s likely difficulties tshould it have sought to use those provisions. Finally the article contrasts the Australian position with the positions in England, Germany and Hong Kong.
The I in Team: Issues for Team Sports under the World Anti-Doping Code
Notwithstanding that the WADC was drafted with the intent of bringing all athletes under one unified anti-doping umbrella, it is predominately focused on the education, investigation and sanctioning of athletes competing in individual sports. By subjecting teams and the athletes within team sports to an anti-doping framework developed for individual sports, the WADC fails to satisfy some of its core goals. This article looks at issues arising from the application of the WADC to doping in team sports. These issues include the inaccuracy of the definition of team sports, the barriers to investigating unified teams, lack of consideration of the mitigating factors unique to team sports, ill-suited ineligibility periods and compliance with strict privacy provisions.
Game Changer? Professional Sport and Dangerous Recreational Activity: Revisiting the Ruling in Dodge V Snell
Thorpe, David and Houston, Leanne
This article examines whether professional athletes are liable for injury to opponents when engaged in ‘dangerous recreational activity’ under state civil liability legislation. It reviews two apparently conflicting Supreme Court judgments and concludes that the resolution of the distinctions in this important area may depend upon appeal to a higher court.
In Defence of Australian Sport: An Overview of Strategies to Combat Match-Fixing
Match-fixing in sport is an escalating issue across the globe. Australian sports and governments have pro-actively sought to combat match-fixing in an number of ways.
This article surveys the major steps taken by law makers and the larger Australian sporting organisations. While these measures constitute a positive move, deficiencies in their formulation and application affect Australia’s protection against match-fixing. The article suggests a number of initiatives which would assist to address and deflect match-fixing activity. Among a number of suggestions the article also proposes the investigation of the cultural factors influencing sports betting and the unique features of fixing as they relate to individual sports to assist agencies to reduce the risks of corruption.
Trans-Tasman Netball’s Import and Selection Rules: Let the Players Play
In 2017, two new separate professional netball competitions were introduced in place of the abandoned ANZ Championship, the Australian National Netball League and the ANZ Premiership in New Zealand. This article explores the reasons for the change in trans-Tasman netball competitions, with particular focus on the notion of competitive balance and player movement. More specifically, the article examines the nature and effect of the import and selection rules in the ‘old’ and ‘new’ competitions and, in particular, whether the rules were or are restraints on the trade of players. In doing so, the article argues that the import and selection rules imposed by Netball New Zealand in the new New Zealand competition (but not by Australia in the National Netball League), restrict the employment of the professional netball players and creates detrimental effects for players, and the public, in both Australia and New Zealand. This article argues that the restraints may not be reasonable and therefore may be void having regard to the common law doctrine of restraint of trade.
Sports Image Rights: Tax Sheltering
Cifonelli, Rossano and Blackshaw, Ian
Doping in Sport and the Law, Ulrich Haas and Deborah Healey (eds) (Hart Publishing 2016) (Book Review)
Hon Dr Annabelle Bennet AO SC
Members and non-members are encouraged to submit articles for consideration for publication in the Australian and New Zealand Sports Law Journal. Articles will be double-blind peer reviewed (refereed by two suitable persons, determined by the Editor, in consultation with the ANZSLA Journal Editorial Committee). Author guidelines and article submission forms are available to download from this page. The deadline for article submissions is 28 February.