In a research paper called 'The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti Doping Regulations', by Madeleine Farrar, Research Associate ANU College of Law, and Thomas Fraunce, Professor, College of Law and College of Medicine, Biology and the Environment ANU highlights the need to examine the ASADA Act and its implications for team sports. This research paper is a clear-eyed technical analysis of this saga and a worthy read for all. A link has been provided below. Here is an extract: "The EFC saga highlights flaws within the anti-doping regulatory system that ultimately deny athletes of natural justice, particularly those involved with a team sanction. Through the tactical WADA appeal of the AFL Tribunal’s decision to the CAS, a lower evidentiary burden was used to conclude that the 34 past and present EFC players had committed a doping violation. At no stage in the many manifestations of the regulatory process was sworn evidence tested in cross-examination produced from the person most responsible, Stephen Dank, that the players were ever injected with TB4. WADA, however, was able to convince the CAS through using the lesser evidentiary standard of “other reliable means,” that Essendon players (although having no proven intention to use banned substances) had used such substances. The players were ultimately denied access to natural justice as WADA only needed to prove to the CAS that the facts made it very likely they had engaged in a supplements program contrary to the WADC. The fact that no player disclosed any supplements, legal or illegal, on mandatory disclosure forms was enough for the CAS to rule that it was likely a contravention had occurred. How can an athlete fulfil his or her responsibility to ensure that he or she is not taking substances prohibited by the WADC, when an athlete’s club denies access to records of supplements? Natural justice and procedural fairness may be better achieved in team-based doping allegations if regulations primarily sanction the club in instances where it appears club administration was largely at fault. A possible sanction would be to ban players without recording a doping conviction, while ensuring the offending club continues to pay athletes’ salaries in their entirety. While banned players would be ineligible to compete, the club would be held accountable rather than the players, thereby reducing the impact on the individual player’s image and reputation. Another sanction would be to ban clubs from signing additional players, which would likely impair the club’s performance and be negatively received by supporters and corporate sponsors. Such sanctions have the potential to act as a successful deterrent to club-wide doping. Sanctions should allow athletes to still compete in lower grades of football during their ineligibility period, where it can be shown that the player did not consent to doping or had faith in club management. The 34 banned players were unable to play any form of AFL during their suspensions, including lower grade AFL, which appears to be a drastic measure. The EFC doping saga began in February 2013 and concluded in October 2016. The average playing career of an AFL player is four years. Regulations need to be altered to ensure such cases are processed in a timelier way to reduce the detrimental effect a ban may have on a player’s career. The lessons of the EFC supplements case should be reflected in changes for team-based infractions in the AFL Code and ASADA and WADA procedures that give greater emphasis to natural justice protections". A Senate Inquiry is needed. Kindly support a Senate Inquiry into this whole sordid affair by adding your name/details this petition, and then ask others to support it. If you have already supported the petition, take positive action by sending an email to the decision makers. It takes just one click or you can create your own email - go here to take postive action: https://www.change.org/p/senator-richard-di-natale-senator-nick-xenophon-senator-the-hon-george-brandis-qc-inquiry-into-ethics-practices-of-asada-afl-wada-anti-doping-case-against-the-34-essendon-football-club-players/u/19400777 Social media sharing tips: Use the main links (on the RHS of webpage) to share the original petition. Use the links below this update to share this update. 

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