Scherini Lawyers
Anti-Doping Lawyers Melbourne | Sport Integrity Australia
Doping or Drugs in Sports: Legal Representation in Melbourne
The Australian Anti-Doping Framework
Australia’s anti-doping framework is based on the World Anti-Doping Code (WADA Code), a global set of rules designed to harmonise anti-doping policies across all sports and countries.
Key Anti-Doping Organisations in Australia:
- World Anti-Doping Agency (WADA): The international independent agency responsible for setting the WADA Code and overseeing global anti-doping efforts
- Sport Integrity Australia (SIA): Australia’s national anti-doping organisation (NADO), responsible for implementing and enforcing the WADA Code in Australia
- National Sporting Organisations (NSOs): Each sport’s governing body is responsible for enforcing anti-doping policies within their sport
- Court of Arbitration for Sport (CAS): The international sports arbitration tribunal that handles doping-related appeals
The World Anti-Doping Code (WADA Code)
- Prohibited List: A list of banned substances and methods in sports (updated annually).
- Testing Procedures: Rules governing doping control tests, including in-competition and out-of-competition testing
- Therapeutic Use Exemptions (TUEs): A process allowing athletes to obtain authorisation to use prohibited substances for legitimate medical reasons
- Anti-Doping Rule Violations (ADRVs): A list of actions that constitute doping violations
- Sanctions: Penalties for ADRVs, ranging from warnings to lifetime bans
Common Anti-Doping Rule Violations (ADRVs)
- Presence of a Prohibited Substance – A banned substance or its metabolites are found in an athlete’s sample.
- Use or Attempted Use of a Prohibited Substance or Method – Using or attempting to use banned substances or doping techniques.
- Evading, Refusing, or Failing to Submit to Sample Collection – Avoiding or refusing a doping test.
- Whereabouts Failures – Failing to provide accurate whereabouts for out-of-competition testing.
- Tampering or Attempted Tampering with Doping Control – Interfering with any part of the doping control process.
- Possession of Prohibited Substances or Methods – Being in possession of banned substances or equipment for doping.
- Trafficking or Attempted Trafficking – Selling, supplying, or distributing prohibited substances.
- Administration or Attempted Administration – Providing a prohibited substance or method to another athlete.
- Complicity – Assisting, aiding, or covering up a doping violation.
- Prohibited Association – Working with a coach, doctor, or other official who has been sanctioned for doping offences.
The Anti-Doping Process
Sample Collection
Athletes provide a urine or blood sample for testing.
Testing
Samples are analysed at WADA-accredited laboratories.
Notification
If a positive test (or other potential violation) is detected, the athlete is formally notified.
Provisional Suspension
Athletes may be suspended while the case is investigated.
Investigation
Sport Integrity Australia (or the relevant National Sporting Organisation) investigates the case.
Formal Charge
If there is sufficient evidence, the athlete is charged with an ADRV.
Hearing
The case is heard before a disciplinary tribunal (either within the sport’s governing body or at the Court of Arbitration for Sport).
Read more about disciplinary hearings
Decision & Sanction
The tribunal makes a ruling and imposes penalties if an ADRV is confirmed.
Appeal Rights
Athletes can appeal decisions to a higher tribunal, including CAS.
How Scherini Lawyers Can Help
- Legal Advice: Guidance on your rights and obligations under the WADA Code and Australian regulations
- Representation: Full legal support from investigation through to hearings and appeals.
- Evidence Gathering: Assistance in collecting medical records, expert testimony, and supporting documents
- Negotiation: Direct engagement with Sport Integrity Australia (SIA) or the relevant National Sporting Organisation (NSO).
- Appeals & Tribunal Advocacy: Representation in appeals to the Court of Arbitration for Sport (CAS) or other tribunals.
