News Geelong's position in Essendon investigation and ACC report

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Under the AFL's drugs code, ASADA (not) WADA) decides conclusively whether an offence has been committed by the players, and recommends penalties, which the AFL and the players, through the CBA, have bound themselves to follow, subject to the right of the players, if they don't like the penalties, to take it to the AFL Tribunal. The Tribunal has power to decide whether to apply the special exemptions reducing penalties from 2 years to 6 months or zero. If WADA thinks the Tribunal has been too soft, it can appeal to the CAS. Any players who are suspended will almost certainly take legal action against suppliers, club, officials.
The AFL has not signed on to the WADA or ASADA rules and guidelines in relation to clubs or officials, and is not bound by them. However, if ASADA recommends penalties on the club or officials, the AFL will be politically/economically bound to apply them, using its general powers and rules, and maybe add some of their own, eg draft penalties and fines. I suspect that if any backdoor dealing has gone on between the parties (which I also suspect it has), it will have been on this aspect - agreement on punishments which ASADA can live with politically, and which the AFL can live with in terms of running the competition. But if Essendon is not on board, it will legally appeal any punishments it can't live with.
No way Fred.
No way.

One, this isn't the elicit drug policy.

Two, Wada will control what the penalty is. There will be no AFL tribunal.
 

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FredLeDeux

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No way Fred.
No way.

One, this isn't the elicit drug policy.

Two, Wada will control what the penalty is. There will be no AFL tribunal.
There are 2 sets of AFL drugs rules - the Illicit Drug Policy and the Anti-Doping Code - and in this context WADA is not directly involved (try ASADA), and players' use of performance-enhancing drugs in the AFL is exclusively governed by the its Anti-Doping Code (which is the document whereby the AFL and the players "signed on" to the ASADA/WADA codes). The Anti-Doping Code in effect incorporates all relevant ASADA guidelines and procedures in relation to players (but generally not clubs and officials), with the twists necessary to the AFL. The procedure, with the right of appeal on sentences (but not on whether there has been an infringement - ASADA decides that, as I have explained previously) to the Tribunal is as I have described it. Most, if not all, major Australian sporting bodies have a similar set-up.
 

Hoffy95

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Trial by media is above the courts now?
Courts won't be deciding what penalties are imposed.

Bombers haven't refuted anything that Robbo said. If you were accused of something that could ruin you and your family and you didn't do it, would you be on the front foot defending yourself? Of course right? So why aren't Essendon within the hour of the latest news coming out denying it?
 

vealesy

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Courts won't be deciding what penalties are imposed.

Bombers haven't refuted anything that Robbo said. If you were accused of something that could ruin you and your family and you didn't do it, would you be on the front foot defending yourself? Of course right? So why aren't Essendon within the hour of the latest news coming out denying it?
No they wont but they could be used to delay any sanctions.

I would not respond to some grubby reporter if i was under a federal gag order still either.
 

romeoh

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Seems to me the best case scenario for Essendon is that they have been extremely sloppy, lacking the rigourous approach that one would think is paramount in injecting substances. And that is fault enough, let alone what else comes out. Surely such contentious practices would have to go by half a dozen checks before usage is approved in a properly run club?
Think Essendon's desperation to get back up might have gotten the better of them.
 

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There are 2 sets of AFL drugs rules - the Illicit Drug Policy and the Anti-Doping Code - and in this context WADA is not directly involved (try ASADA), and players' use of performance-enhancing drugs in the AFL is exclusively governed by the its Anti-Doping Code (which is the document whereby the AFL and the players "signed on" to the ASADA/WADA codes). The Anti-Doping Code in effect incorporates all relevant ASADA guidelines and procedures in relation to players (but generally not clubs and officials), with the twists necessary to the AFL. The procedure, with the right of appeal on sentences (but not on whether there has been an infringement - ASADA decides that, as I have explained previously) to the Tribunal is as I have described it. Most, if not all, major Australian sporting bodies have a similar set-up.
Not sure you said anything different there other than to leve out the tribunal. Thanks for that.

Afl reports to ASADA, ASADA reports to WADA
End of story
 

AM

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Courts won't be deciding what penalties are imposed.

Bombers haven't refuted anything that Robbo said. If you were accused of something that could ruin you and your family and you didn't do it, would you be on the front foot defending yourself? Of course right? So why aren't Essendon within the hour of the latest news coming out denying it?
Not sure about that. Didn’t Robbo suggest Bomber officials acknowledged some players had taken banned substances? In today’s press release the club denied that.

"Contrary to media reports, the Essendon Football Club has never conceded that our players have been given banned substances in 2012," Evans' statement said.
 
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I'm guessing if it did get washed through the courts in a messy way it would be a bad look for the Federal Government considering I believe they forced the AFL into accepting the WADA code and have some responsibility for illegal drugs in sport in general. The Government could withdraw funding or do all kinds of things to the AFL If they're not happy......
 

romeoh

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Not sure about that. Didn’t Robbo suggest Bomber officials acknowledged some players had taken banned substances? In today’s press release the club denied that.
Yes but don't think Evans is saying we didn't take them, just must be saying, we took them, but didn't know they were banned. Which is ofcourse akin to 'someone must have put something in my coffee officer.' :)
 

AM

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I'm guessing if it did get washed through the courts in a messy way it would be a bad look for the Federal Government considering I believe they forced the AFL into accepting the WADA code and have some responsibility for illegal drugs in sport in general. The Government could withdraw funding or do all kinds of things to the AFL If they're not happy......
Really! Care to give us some evidence. Because Vlad has crowed for years about how the AFL took the initiative on this matter.
 
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Not sure about that. Didn’t Robbo suggest Bomber officials acknowledged some players had taken banned substances? In today’s press release the club denied that.
Robbo is a Bombers man and has a lot of inside sources. He is talking about what they have "conceded" privately (perhaps to ASADA), not publicly.
 
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Not sure about that. Didn’t Robbo suggest Bomber officials acknowledged some players had taken banned substances? In today’s press release the club denied that.
"Conceded" is a tricky word though especially in the context as they have stated. It's a nothing statement really....What we 'categorically' do know however is that the PR machine is runnin' overtime :cool:
 

Hoffy95

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Not sure about that. Didn’t Robbo suggest Bomber officials acknowledged some players had taken banned substances? In today’s press release the club denied that.
Denied that officials had admitted the players took the banned drugs, but certainly didn't deny they had taken banned drugs.
 

FredLeDeux

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Not sure you said anything different there other than to leve out the tribunal. Thanks for that.

Afl reports to ASADA, ASADA reports to WADA
End of story
You appear to have completely misunderstood the system and procedures and the relationships between the various bodies. I suggest you read the governing document, which confirms every single thing I have said.

http://www.aflcommunityclub.com.au/fileadmin/user_upload/Play_AFL/AFLAnti-DopingCode2010ASADA.pdf
 
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Really! Care to give us some evidence. Because Vlad has crowed for years about how the AFL took the initiative on this matter.
From some random site:-


June 30, 2005

CRICKET and rugby league have agreed to sign the World Anti-Doping Agency (WADA) accord by tonight's deadline but the AFL will be stripped of $1 million in federal government funding by refusing to sign the code.

Federal Sports Minister Rod Kemp congratulated Cricket Australia and the Australian Rugby League for their commitment to sign up to the worldwide accord but said he was disappointed with the AFL's decision.

"It is unfortunate the AFL has decided not to commit to the WADA code but I have made it clear to (AFL chief executive) Andrew Demetriou my door is always open if they wish to reconsider their position," he said.

"Unfortunately, this means that, as of tomorrow, the Australian government can no longer provide funding for that sport."

AFL chief executive Andrew Demetriou said his organisation was committed to retaining its extensive anti-drug program.

He said the AFL would seek to make a direct submission to WADA and to continue its discussions with the Federal Government and the Australian Sports Commission on the issue of being WADA-compliant.

"The AFL supports what WADA and the Federal Government are trying to achieve," Demetriou said in a statement.

"The AFL will put our position to WADA directly because we believe we have genuine issues of discussion."

The Australian Sports Commission directly funds the AFL with about $550,000 a year while indigenous and community programs were funded to the tune of about $3 million, which equated to about $1 million a year in government funding to the AFL.
 

AM

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Robbo is a Bombers man and has a lot of inside sources. He is talking about what they have "conceded" privately (perhaps to ASADA), not publicly.
We have no way of knowing where the truth lies here. I was just pointing out that what Robbo said tonight conflicts with the Bombers public statement today.
 

AM

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From some random site:-


June 30, 2005

CRICKET and rugby league have agreed to sign the World Anti-Doping Agency (WADA) accord by tonight's deadline but the AFL will be stripped of $1 million in federal government funding by refusing to sign the code.

Federal Sports Minister Rod Kemp congratulated Cricket Australia and the Australian Rugby League for their commitment to sign up to the worldwide accord but said he was disappointed with the AFL's decision.

"It is unfortunate the AFL has decided not to commit to the WADA code but I have made it clear to (AFL chief executive) Andrew Demetriou my door is always open if they wish to reconsider their position," he said.

"Unfortunately, this means that, as of tomorrow, the Australian government can no longer provide funding for that sport."

AFL chief executive Andrew Demetriou said his organisation was committed to retaining its extensive anti-drug program.

He said the AFL would seek to make a direct submission to WADA and to continue its discussions with the Federal Government and the Australian Sports Commission on the issue of being WADA-compliant.

"The AFL supports what WADA and the Federal Government are trying to achieve," Demetriou said in a statement.

"The AFL will put our position to WADA directly because we believe we have genuine issues of discussion."

The Australian Sports Commission directly funds the AFL with about $550,000 a year while indigenous and community programs were funded to the tune of about $3 million, which equated to about $1 million a year in government funding to the AFL.
Thanks for that. You are quite right. I've since found something more supportive of your statement on a law forum.


There was substantial
opposition to the new
WADA Code from both the
AFL and the AFL Players’
Association. One reason
was that the AFL already
had an effective Anti
Doping Code of its own in
place. A second was that
the AFL had implemented
at the beginning of 2005
its own Illicit Drugs Policy
(IDP).
Edit. By the bye your quote shows it was the Howard Government that was making noises about funding cuts not the present lot.
 
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