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28 • Touchline • Issue 15
port in the professional era is a significant
commercial enterprise. For professional clubs
the importance of maximising their players’
performance is paramount - lucrative sponsorship
and advertising deals and the continued loyalty of their
supporters are on the line if the club is unsuccessful. In pursuit
of on-field success (and its associated commercial benefits),
there has been an increasing focus on improving an athlete’s
performance through the use of sport ‘science’.
Recent events in Australia reveal that the quest for a competitive
advantage can involve the testing of legal and regulatory
boundaries, potentially exposing professional clubs across a
number of sporting codes to potential liability arising from their
‘sports science’ programmes.
In Australia, the National Rugby League (‘NRL’) and Australian
Football League (‘AFL’) have recently been embroiled in
controversy amidst allegations that sports scientists employed
by some professional clubs had conducted intricate supplement
programs involving prohibited substances and substances not
yet approved for human consumption. To date, the extent of
involvement of NRL and AFL clubs in the alleged activities
and the consequences for the individuals implicated remains
unclear.
The Organised Crime and Drugs in Sport report released by
the Australian Crime Commission (the ‘Report’) notes that
in “Australian football codes, sports scientists have gained
increasing influence over decision making within the clubs.” The
Report identifies practices of providing prohibited substances
to players without them understanding the nature of the
substances. It also alleges that some high-performance coaching
staff retained staff from outside their respective clubs to
administer substances without the knowledge of the club’s
medical staff.
It appears likely that players across different sporting codes may
face sanctions for their involvement in club facilitated doping
as a result of the recent Australian Sports Anti-Doping Authority
(‘ASADA’) investigation.
RECENT CONTROVERSY
By William Thompson, solicitor and James McIntyre, Special Counsel, DLA Piper
INJECTING RISK MANAGEMENT
INTO PERFORMANCE
S
Essendon Football Club has been implicated in the AFL’s and ASADA’s investigation into the alleged use of banned substances
© TOM REYNOLDS
RISK MANAGEMENT: