Yachting Australia Board recently adopted a revised version of the Yachting Australia Anti-Doping Policy, which took effect on 1 January 2015. The key revisions are set out in this letter.
Importantly, may I emphasise that this Policy applies to Yachting Australia and all of its member or affiliate organisations, meaning it applies to all Clubs and Classes including their members and individuals who compete in events, races, training and other sailing activities organised by Clubs, Classes and individuals.
Therefore to ensure the Policy is given full effect, the Yachting Australia Board has approved an Amendment to the Racing Rules of Sailing so as to be able to enforce this Policy at all levels of competitive sailing as is required by legislation, the ASC and the AOC.
The Racing Rules of Sailing (2013-2016) Rule 5 states;
“A competitor shall comply with the World Anti-Doping Code, the rules of the World Anti-Doping Agency, and ISAF Regulation 21, Anti-Doping Code. An alleged or actual breach of this rule shall be dealt with under Regulation 21.”
The Yachting Australia Board approved Amendment 4 to the Racing Rules of Sailing which states;
Prescription to Rule 5: The national authority procedural rules required by ISAF Regulation 21 to implement the World Anti-Doping Code through ISAF Regulation 21 are set out in the Yachting Australia Anti-Doping Policy as published on the Yachting Australia website.
Distributing this letter and information is very important as earlier this year ASADA representatives carried out anti-doping tests at a Class Championship.
A copy of the revised Yachting Australia Anti-Doping Policy can be found at the following link:
The key changes to this new version of the Policy are;
Yachting Australia must immediately notify the ASADA CEO of an alleged breach of its Anti-Doping Policy and cooperate with any investigation into the matter;
ASADA (unless otherwise agreed in writing on a case-by-case basis) will have the lead role in anti-doping investigations; Yachting Australia will not be able to investigate a breach of its anti-doping rules unless ASADA agrees in writing, and any such investigation must be conducted by Yachting Australia in consultation with ASADA;
To ensure that anti-doping rule violations are taken forward in the manner contemplated by the ASADA legislative framework, infraction notices for breaches of the Anti-Doping Policy are not to be issued until the relevant process prescribed by the ASADA Act and the National Anti-Doping (NAD) Scheme has been completed, that is, the Anti-Doping Rule Violation Panel has found there is a possible anti-doping rule violation;
Infraction notices for breaches of the Anti-Doping Policy are to be issued by ASADA (unless otherwise agreed in writing on a case-by-case basis);
The relevant first instance tribunal for hearings under the Anti-Doping Policy is to the Court of Arbitration for Sport (CAS) or a hearing body recognised or approved in writing by ASADA on a case-by-case basis;
ASADA (unless otherwise agreed in writing on a case-by-case basis) will have the lead role in presenting anti-doping cases at Article 8 hearings;
To ensure compliance with the Code, all appeals from first instance hearings will be directly to the Appeal Division of CAS.
The anti-doping policy also reflects the amendments proposed to the ASADA Act by the Australian Sports Anti-Doping Authority Amendment Bill 2014 (ASADA Amendment Bill), in particulaly.
- The creation of the Therapeutic Use Exemption Review Committee.
- New Article 2.10 of the 2015 Code, the Prohibited Association violation.
Again please note, that the application of the Yachting Australia Anti-Doping Policy remains unchanged from the existing version of the Policy in that it extends to all member or affiliated organisations including Clubs and their members. This includes “all Athletes and Athlete Support Personnel who are members of Yachting Australia or of any member or affiliate organisation(including any Clubs, Classes and Association)
Yachting Australia is working closely with ASADA to facilitate access to appropriate educational materials for the sailing community. We encourage clubs and registered sailing participants to find out more about the online learning courses available through ASADA by either reviewing the attached fact sheet or visiting http://elearning.asada.gov.auand completing the Level 1 course.
In summary, we ask that you distribute this letter to your members and State Class Associations and acquaint yourself with the Yachting Australia Anti-Doping Policy which can be found at http://www.yachting.org.au/policy-documents/sport-development/anti-doping-policy/ In the meantime, if you have any questions or concerns please do not hesitate to contact Matt Bulkeley, Business Operations Manager at Yachting Australia on 02 8424 711 or firstname.lastname@example.org
Matt Carroll AM
Chief Executive Officer