Wendy Askew (Tasmania, Liberal Party) Share this | Hansard source

How timely that this bill is being debated in this chamber only days after the Australian cricket team retained the Ashes as a result of Australia destroying the English team at Old Trafford, winning by 185 runs and so capably led by Tasmania's Tim Paine. It is not only our men's cricket team that has been dominating the world. Last week our Australian women's cricket team, the Southern Stars, won their one-day international series against the West Indies, with Alyssa Healy smashing 100 runs off just 94 balls. And of course Australia's own tennis ace Ash Barty is world No. 1—what more do we need to say? We are a proud sporting nation, but we also value fair and honest competition. I rise today not only to congratulate Australia for being the best sporting nation in the world but to add my contribution on this bill, the National Sports Tribunal Bill 2019.

As the member for Bennelong, Mr Alexander, who knows a thing or two about being a world-class athlete, made note of in his contribution to this bill in the other chamber:

Tribunals are never popular but they are necessary for Australians to have faith in the teams and individuals who represent us.

This bill seeks to establish a national sports tribunal which will offer a cost-effective, transparent, timely and independent dispute resolution function for athletes and sporting bodies. Around the world and, unfortunately, including here in Australia we have seen the results when athletes and sportspeople decide not to play by the rules. Whether it be in cricket, AFL, swimming or weightlifting, just to name a few sports—and the list, unfortunately, goes on—there have been athletes making poor choices to cheat, break the rules or be involved in taking performance-enhancing drugs. When this does happen it not only ruins the reputation of those sportspeople involved and damages the individual sports codes but has the unintended consequence of also ruining the reputation of our country, our great sporting nation. These incidences shape the country. They make national news headlines and often consume the country for days. Those water tank and smoko discussions can last for hours.

The National Sports Tribunal will create a consistent dispute resolution process and allow Australia to maintain our status as the best sporting nation in the world. Currently, some sports have their disputes handled by the individual sports tribunals regulated by the governing bodies for their individual sports. However, not all sports have the capability to run their own internal tribunals. Currently, their only option for anti-doping disputes is the Swiss Court of Arbitration for Sport. This option can be a very lengthy and expensive process for all involved. The National Sports Tribunal will hear anti-doping matters in compliance with the World Anti-Doping Code and other sports related disputes, such as player selection and sport code of conduct matters.

It is proposed that the National Sports Tribunal will comprise three divisions: an anti-doping division, a general division and an appeals division. The anti-doping division, as the name suggests, will hear the anti-doping rule violation disputes. The general division will hear other types of disputes which arise under the rules or policies of a sport, including in relation to code of conduct breaches and disciplinary matters, selection disputes, member protection issues and the like. The appeals division will, again, as the name suggests, deal with appeals from both the anti-doping division and the general division. It will also consider appeals from internal sport-run tribunals in relation to anti-doping rule violation disputes and general disputes. Depending on the nature of the issue, disputes may be heard through a variety of resolution methods, including arbitration, conciliation and mediation.

The creation of a national sports tribunal is one of the key recommendations of the Wood review of Australia's sports integrity arrangements, which was published on 1 August 2018. As I'm sure you would be aware, Mr Acting Deputy President Fawcett, the Wood review is the most comprehensive examination of the sports integrity arrangements that has ever been undertaken in Australia. The review was conducted in response to the growing global threat to the integrity of sport, recognising that a fair, safe and strong sports sector, free from corruption, is inherently valuable to sports participants, sports organisations and the 14 million Australians who participate in sport annually. The Wood review identified inconsistencies in dispute resolution arrangements across the sports sector and the need for a clear, consistent and cost-effective forum for all sports, including small and emerging sports that do not have their own internal arbitration facilities.

The successful introduction of this bill and the subsequent establishment of the tribunal will see the National Sports Tribunal given powers to inform itself, including the ability to summon witnesses and compel the provision of relevant documents. These powers are not available to private arbitral agencies such as the Court of Arbitration for Sport in Switzerland or sports in-house tribunals, and their provision to the National Sports Tribunal will ensure informed decision-making and the provision of natural justice. While the National Sports Tribunal will have the power to compel the attendance of witnesses at hearings and to compel a witness to answer questions, these powers do not abrogate a witness's right to claim the privilege against self-incrimination. The National Sports Tribunal will be one of the few, if not the only, sports dispute resolution bodies worldwide that will have these powers. This will ensure that Australia's sports integrity is second to none.

Our athletes not only represent us as Australians on the international stage but inspire our nation. They inspire our kids to play sport and they inspire people to get out there and be active. Participating in sport is more than just having fun. As we all know—and there is substantial evidence to support the knowledge—regular participation in sport and physical activity increases health outcomes and makes us a healthier nation.

During his contribution to the debate on this bill in the other place, the member for Shortland stated:

Australians quite rightly expect sport to be fair, clean and safe. No nation and no sport are immune from integrity threats that can put at risk these expectations.

I agree wholeheartedly with him. As Australians, we are proud of our sporting culture, and we all want to know that our athletes are fair, clean and safe and that they are participating and operating within the requirements and legislation of their sporting codes. The creation of the National Sports Tribunal will help to keep honesty and integrity in our sport. I commend these bills to the Senate.