A spokesman for Federal Sports Minister Don Farrell has told the Herald Sun regulations under the Privacy Act and the National Anti-Doping Scheme don't authorise the release of the report.
The AFL is considering whether to charge the Bombers under AFL rules over governance issues highlighted in the 400-page interim report given to the league by the Australian Anti-Doping Authority last Friday night.
If charged by AFL general counsel Andrew Dillon, the extraordinary powers wielded by the AFL Commission could see Essendon fined, be stripped of premiership points and draft picks.
There could also be sanctions - such as bans - against club officials including coach James Hird.
Representatives of the AFL and Essendon met on Thursday night, while Bombers board members were updated on the process.
Essendon has indicated it will fight to play in this year's finals series. The threat of Supreme Court action remains, but the club concedes it will be punished for what happened in 2012.
It is believed Essendon talks included questions about whether the AFL had the right to stand down officials.
AFL boss Andrew Demetriou said he would like as much of the ASADA report as possible to be made public.
"We hold a view that it is very important that we get all the facts out there publicly, which includes aspects of the report that don't hinder privacy," he said.
But the Sports Minister's office has told the Herald Sun the report cannot be released.
"I'm advised that ASADA is entitled to disclose information to a sporting administration body (such as the AFL) in connection with an investigation under clause 4.21 of the National Anti-Doping (NAD) Scheme," a spokesman for the minister said.
"The AFL is covered by the Privacy Act 1988, so use and disclosure of information by the AFL is subject to the National Privacy Principles. I'm advised that there (is) nothing in either clause 4.21 of the NAD or in the NPPs that would authorise the report being made public."
It is possible that edited excerpts of the report that do not put individuals' privacy at risk may be released in the future.
Privacy restrictions could also play a part in whether any AFL Commission hearing - if and when charges against Essendon are laid - could be made open.
Demetriou said yesterday he was, in principle, in favour of open hearings.
"If there is to be a charge laid, that will be a discussion between the various legal parties, taking into account privacy issues," he said.
"But there is a lot of merit in a public hearing, absolutely."
The minister's office also warned that although there was no recommendation of doping charges against individual players in the ASADA report, it did not mean to say charges couldn't be brought in the future.
The minister also backed ASADA's handling of the "unprecedented" investigation.
"ASADA's investigation is ongoing should it form the view at the conclusion of its investigation that a person may have committed an anti-doping rule violation, the person will be given the required notice under the NAD Scheme and the opportunity to respond at that point in time," the sports minister's office said.
WADA has also backed the move to release to the AFL an incomplete brief.
The world body has oversight of all ASADA processes and decisions and told the Herald Sun it had "no current concerns" in relation to ASADA's decision.
Asked on what basis it could hand down an unfinished report, ASADA cited clause 4.21 of the National Anti-Doping scheme.
It is unclear if recommendations for infractions were left out of the interim report so the information could be shared with the AFL and other parties without breaking ASADA protocols.
The ASADA report has now been seen on a confidential basis by AFL lawyers and commissioners; lawyers acting for Essendon; lawyers acting for Hird and lawyers representing the AFLPA.
heraldsun.com.au 9 Aug 2013
This matter is an absolute disgrace and farce.
It shows the herd population how in bed the 'legal' system is with the 'religion' called football.
The football code is riddled with not only performance enhancing drugs, but also heroin, cocaine etc.
Essendon's captain James Hird is a disgrace and should be sacked, NEVER to work again.
The (above the law) politics kick in, so the herd population will be drained of their hard earned dollars for the corporate fat cats to feast.
No comments:
Post a Comment