Senate debates

Wednesday, 11 September 2019

Bills

National Sports Tribunal Bill 2019, National Sports Tribunal (Consequential Amendments and Transitional Provisions) Bill 2019; Second Reading

9:45 am

Photo of Richard ColbeckRichard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Hansard source

Firstly, I thank colleagues for their contribution to the debate on this very important piece of legislation. It demonstrates the passion which Australians hold for sport within our culture. In fact, it's probably notable that when Google came to Australia recently with its arts and culture exercise, which was launched in Melbourne, Australia was the first country in the world to have its sporting culture mapped as a part of that process and as a part of the global platform which is Google's arts and culture catalogue. It's the only nation that has had its sporting culture mapped. It has been designated 'Australia: Great Sporting Land', and I think that says something about Australia and how closely we hold our sporting culture, and that we are such a proud sporting nation.

I would also like to add my comments of congratulation to the Australian cricket team, which Senator Ciccone just made a note of previously, and, with my tongue firmly planted in my cheek, I note that I'm the first sports minister since Rod Kemp in 2001 to have achieved the winning of the Ashes on foreign soil. It was a great sporting achievement in the brilliant cricket contest that is being conducted in the UK at the moment. It has been a brilliant sporting contest which I know has not only attracted a lot of attention from but also gives a lot of enjoyment to the Australian sporting public and, I suspect, sports lovers all around the world. It has been a great contest.

We have a well-earned reputation of competing hard but competing fair. However, inevitably from time to time, sports disciplinary matters arise that require resolution through a formal process. When this happens, it's important that there are cost-effective, transparent and consistent processes for resolution. Australia's current sports dispute resolution mechanisms lag behind those of many similar countries such as the UK, Canada, New Zealand and Japan. They are inconsistent, subject to accusations of bias and lack powers to get to the truth, and that, I think, is a really important point. They can be costly for participants and can take excessive time to be resolved, particularly when matters have to be resolved in overseas jurisdictions.

The new National Sports Tribunal will eliminate these problems. As identified by the earlier version of this legislation introduced prior to the election, the government will pilot the National Sports Tribunal over two years to ensure it works at its very best, giving sports and participants access to clearer, faster transparent and cost-effective resolution of antidoping rule violations and other sports related disputes. I know many sports have been calling for such a tribunal, and the government, through the Wood review and this process, has listened and is delivering.

I will just make some brief comments with respect to the amendment of Senator Rice and the Greens which has been proposed during the debate. The government recognises that all people have fundamental human rights and are entitled to equal protection of the law without any discrimination, so we agree with the Greens' sentiments in the first paragraph of their proposed amendment. However, in relation to paragraph (b), the amendment does not relate to the actual operation of the tribunal.

The Sports Tribunal will exercise power of private arbitration, which is empowered by the agreement of the parties to resolve disputes that arise under the specific rules of an individual sporting body. All relevant parties to the dispute will be consulted prior to the commencement of any matter, and it is not anticipated that the National Sports Tribunal will develop or adopt policies regarding any substantive issues. Rather, the tribunal will on each and every occasion apply its rules of practice and procedure to disputes arising under specific policies and rules of a sporting body, which will vary between individual sports.

It's intended that the National Sports Tribunal will, through the appointment of tribunal members with a wide range of relevant skills and experience and through the statutory ability to inform itself, including through the engagement of expert witnesses, have the capability to deal with a broad range of matters. Therefore, the government will not be supporting the amendment moved by Senator Rice. I thank members for their contribution to the debate and commend the bills to the Senate.

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