ILLICIT DRUGS POLICY

Transcription

1 ILLICIT DRUGS POLICY

2 Table of Contents 1. Statement of Principles and Objectives 2 2. Definitions 3 3. Interpretation 6 4. Application of this Policy 6 5. Prohibited Substances 7 6. Appointment of Agent 7 7. Testing for Illicit Drugs 7 8. Obligations of Persons 8 9. Obligations of Clubs Reference to Program Adverse Finding Dispute of Adverse Finding AFL Medical Director Multiple Adverse Findings No Misconduct Playing Contract First and Second Adverse Finding Third Adverse Finding AFL Tribunal for Third Adverse Finding Appeal of Tribunal Finding Conduct or Attitude Contrary to the Spirit of the IDP Term of Operation Hair Testing Policy Audit Education and Training 17

3 SCHEDULE 1 1. Statement of Principles and Objectives (d) (e) (f) The AFL has adopted an Anti-Doping Code to ensure that the AFL Competition is conducted upon the basis of athletic prowess and natural levels of fitness and development and not on any pharmacologically enhanced basis. The AFL Anti-Doping Code was also introduced to protect Players from using substances which may cause acute or long-term harm to their bodies. By prohibiting the use of performance enhancing substances through the adoption and enforcement of the AFL Anti-Doping Code, the AFL has created a positive example for athletes involved in sport not only Australian football, and for supporters of the AFL Competition and other sporting competitions. Prior to the introduction of the AFL Illicit Drug Policy, the AFL conducted out of competition statistical testing of Players in relation to the use of illicit drugs such as cocaine, ecstasy and marijuana and observed an increase in the low incidence of such use among Players. From its experience in conducting the AFL Competition, the AFL understands that the Players competing in the AFL Competition have the ability to significantly influence the lives of others including in particular, young athletes and supporters of the AFL Competition. Consistent with the philosophy of the AFL in adopting the AFL Anti-Doping Code, the AFL wishes to address the use of Illicit Drugs out of competition and: increase education of the AFL playing group generally in relation to the dangers of illicit drugs and protect Players from the risk of acute or long term harm to their bodies; and increase education of the public at large in relation to the dangers of illicit drugs and set a positive example for young athletes and others in the community. (g) (h) This Illicit Drugs Policy differs in some important respects from the AFL Anti-Doping Code by conducting additional testing and addressing the problem of illicit drug taking out of competition by focusing primarily on education and rehabilitation of Players and others in the AFL system that are found to have been involved with illicit drugs. The AFL has been advised and accepts that a more rehabilitative model of management including education, counselling and monitoring treatment, is appropriate in deterring the use of illicit drugs.

4 3 For habitual offenders however, the AFL proposes to protect the vast majority of its playing group and others in the community who are influenced and affected by the behaviour of Players, by administering strict and severe sanctions in cases where it is satisfied that education, counselling and treatment have not been an effective response to the problem of illicit drugs. 2. Definitions In this Policy, the following words have the following respective meanings: Adverse Finding means a breach of this Policy as outlined in section 11, as determined by the AFL Medical Director; AFL means Australian Football League; AFL Anti-Doping Code means the code adopted by the AFL that prohibits the classes of substances and methods which are prohibited under the World Anti- Doping Code Prohibited List; AFL Club or Club means an entity from time to time licensed to field a team in the AFL Competition; AFL Competition means the events and competitions conducted by or under the auspices of the AFL including the Pre-Season Competition, the Premiership Season and the Final Series; AFL Medical Director means the AFL Medical Director(s) appointed by the AFL; AFLPA means the AFL Players Association Inc; AFL Regulations or Regulations means the regulations of the AFL as approved by the Commission from time to time; AFL Rules or Rules means the rules of the AFL as approved by the Commission from time to time; AFL Season means the period in each year of the Term commencing with the first match of the Pre-Season Competition and ending with the last Finals Series Match in that year; Finals Series means each match in the series of Australian football matches between such number of the most successful AFL Clubs at the completion of the Premiership Season, including the Grand Final; General Counsel: the person appointed to that position by the Commission or his nominee; Grand Final means the last of the Finals Series Matches played in each AFL Season to determine the most successful AFL Club in the AFL Competition;

5 4 Home and Away Matches means a series of Australian football matches between AFL clubs played over a series of rounds in each AFL Season; Management Plan means a plan for the counselling, education or treatment of a person with respect to illicit drugs as determined or approved by the AFL Medical Director. Without limitation, a Management Plan may specify treating experts, consultation schedules and any matters relating to playing or training and testing under this Policy; Marker means a compound, group of compounds or biological parameter(s) that indicates the Use of a Prohibited Substance; Match means an Australian football match played between AFL Clubs; Metabolite means any substance produced by a biotransformation process; Officer has the meaning set out in the Corporations Act 2001; Official means: any director, employee (excluding Players), servant or agent of a Club; or any other person, whether volunteer or paid, who is engaged by a Club or engaged by a contractor or sub-contractor of a Club: (iii) to work with, treat, advise or assist a Player or the football department of a Club in relation to participation in or preparation for the AFL Competition and does so on an ongoing or regular basis; or to work with, treat, advise or assist a Player or the football department of a Club in relation to participation in or preparation for the AFL Competition and does so on the premises of the Club; or to at any time undertake official duties for the Club in connection with the playing of a Match; Penalty Unit means $1,000; Person includes a Club, Player or Official within the purview of the Rules; Player means a person who is or has been included on a Club's list, a person eligible to be so included, a person bound to a Club or a person who has nominated for any AFL draft; Policy means this Illicit Drugs Policy; Possession means the actual, physical possession, or the constructive possession (which shall be found only if the Person has exclusive control over the Prohibited Substance or the premises in which a Prohibited Substance exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance or the premises in which a Prohibited Substance exists, constructive possession shall only be found if the Person knew about the

6 5 presence of the Prohibited Substance and intended to exercise control over it. Provided, however, there shall be no breach of this Policy based solely on Possession if, prior to receiving notification of any kind that the Person has committed a breach of this Policy, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced the Possession by explicitly declaring it to the AFL Medical Director. Notwithstanding anything to the contrary in this definition, the purchase (including by electronic or other means) of a Prohibited Substance constitutes Possession by the Person who makes the purchase; Premiership Season means the series of Home and Away Matches between the AFL Clubs; Pre-Season Competition means a series of matches between AFL Clubs played in the period preceding the Premiership Season; Prohibited Substance means any substance so described in Schedule 1; Sample means any biological material collected for the purposes of this Policy; Tampering means altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly; obstructing, misleading or engaging in any fraudulent conduct to alter results or prevent normal procedures from occurring; or providing fraudulent information in relation to this Policy; Target Testing means selection of Players for Testing where specific Players or groups of Players are selected on a non-random basis for Testing at a specified time; Testing means the parts of the process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory; Testing Authority means the testing agency or body appointed by the AFL from time to time; Therapeutic Use means the permitted use of a prohibited substance for genuine medical reasons; Trafficking in relation to a Prohibited Substance includes: (d) prepare a Prohibited Substance for trafficking; manufacture of a Prohibited Substance; or sell, exchange, agree to sell, offer for sale or have in possession for sale, a Prohibited Substance; Use means the administration, utilisation, application, ingestion, injection or consumption by any means whatsoever in relation to any person whatsoever of any Prohibited Substance.

7 6 3. Interpretation Reference to: (iii) the singular includes the plural and the plural includes the singular; one gender includes the other genders; and a person includes a body corporate or other legal entity. (d) (e) (f) (g) (h) If a person to whom this Policy applies consists of more than one natural person, then this Policy binds them jointly and severally. Headings are for convenience only and do not form part of this Policy or affect its interpretation. Including and similar words are not words of limitation. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning. Any word or phrase not defined in this Policy but defined in the Rules or Regulations will have a corresponding meaning unless the context requires otherwise. This Policy is deemed to form part of the Rules. The AFL General Counsel may delegate any of his obligations and powers under this Policy to any corporation, person or entity as he deems appropriate, and in which instance references to AFL General Counsel or General Counsel in this Policy will be deemed to include the corporation, person or entity to whom the obligations and powers have been so delegated. 4. Application of this Policy This Policy applies to: (iii) Players; Clubs and their Officers; and Officials. Any Player, Club, Officer, Official or other Person to whom this Policy applies who breaches this Policy is liable to the sanctions provided by the Policy. All tests conducted on match days shall be referred to be dealt with under the AFL Anti-Doping Code, to the exclusion of this Policy.

8 7 (d) Any breach of the AFL Anti-Doping Code, which may also be a breach of this Policy, will be dealt with by the AFL Anti-Doping Code to the exclusion of this Policy, however for the avoidance of doubt, a person committing such a breach may be subject to a Management Plan. 5. Prohibited Substances Schedule 1 details the substances and classes of substances prohibited under this Policy (Prohibited Substances). It is the obligation of each Person to whom this Policy applies to inform himself or herself of all Prohibited Substances. 6. Appointment of Agent The AFL shall, at its sole discretion, appoint the Testing Authority and the Nominated Independent Laboratory and advise the AFLPA of such entities. The AFL will also appoint a Testing Authority to carry out hair testing in accordance with section 22 from time to time and advise the AFLPA of this entity. 7. Testing for Illicit Drugs (d) (e) All Players must give Samples for Testing at the request of either the Testing Authority or the AFL Medical Director. Save as provided in this section, sampling and testing of Players must be conducted substantially in conformity with the Australian Standard AS/NZ 4308:2008 and the procedure set out in Schedule 2. Sample analysis and custodial procedures shall be conducted in accordance with the Australian Standard AS/NZ 4308:2008 and the procedure set out in Schedule 2. Minor irregularities, which cannot reasonably be considered to have affected the results of otherwise valid tests, will not invalidate such results. Failure to conform with procedures relating to chain of custody of the sample, improper sealing of the container(s) in which the sample is stored or failure to request the signature of the Player, will not be considered minor irregularities and may invalidate the test results. Players will be provided with an opportunity to be present or be represented at the opening and analysis of the B sample, however the failure to do will not invalidate the results of otherwise valid tests. Any Sample in which a Prohibited Substance is detected shall be subject to confirmation analysis. Samples for Testing under this Policy may only be taken at the time of any scheduled training session or when a Player is performing duties in the course of his employment with his Club.

9 8 (f) (g) Any Player who has been selected to provide a Sample for Testing under this Policy and is absent from a scheduled training session or not present when required by his Club to perform duties in the course of his employment, may be required to attend a place at a time as directed by the AFL Medical Director in order to provide a Sample. No AFL Club shall test a Player for Illicit Drugs without first obtaining the consent of the AFL Medical Director. 8. Obligations of Persons (d) A Person subject to this Policy shall fully co-operate in its administration. A Person must not engage in Tampering or Trafficking with respect to this Policy. A Player must not refuse to submit a Sample for collection after notification as authorised under this Policy or otherwise deliberately evade a Sample collection. Where a Person breaches section 8, Error! Reference source not found., Error! Reference source not found., 8, or 8, the General Counsel may: impose any sanction on the Person, or deal with such breach in any other way, which is appropriate and reasonable in the circumstances, or may otherwise refer the Person directly to the AFL Tribunal. (e) Where after a Person is notified of an Adverse Finding by the AFL and in turn that Person chooses to notify a third party of that Adverse Finding, the Person must as soon as reasonably practicable notify the AFL Medical Director of such disclosure to the third party. For the avoidance of doubt, a Person will not be required to notify the AFL Medical Director of any disclosure made to members of the Person s immediate family, the AFLPA or any professional advisor. 9. Obligations of Clubs Each Club must: notify its Players that they are liable for selection to provide Samples for Testing as required by this Policy; educate its Players, Officers and Officials in respect of: (A) the dangers and consequences of the use of illicit drugs and to this end will ensure that all such persons attend all drug awareness or education lectures as required by the AFL;

10 9 (B) (C) their respective obligations under this Policy; and the sanctions which are applicable for a breach of this Policy. (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) permit the Testing Authority to obtain Samples from Players for Testing in accordance with this Policy and provide all necessary assistance for this purpose including without limitation, providing unlimited access to the training and changing rooms and other Club facilities; promptly notify the AFL General Counsel of any circumstances which may be or are a breach of this Policy; upon request, promptly provide to the AFL General Counsel and the AFL Medical Director such information and assistance as they may request concerning the application of this Policy, any alleged breach of this Policy or any practice concerning the use of illicit drugs in Australian Football; permit and assist the AFL Medical Director to access the training and changing rooms and other Club facilities and any information he requires in performing his duties; appoint a Club liaison officer; ensure that its Players and Club Medical Officers comply with their obligations under this Policy; upon request, promptly provide to the Testing Authority and the AFL the names, addresses and telephone numbers of the Players listed on its Club s lists; upon request, promptly provide to the Testing Authority and the AFL the Club s training schedule, inclusive of the date, time and place where the Players of the Club will train; and promptly advise the Testing Authority and the AFL of any change to the information provided by the Club under section 9(ix)and 9(x). A Club who breaches this section 9 will be liable for a sanction. First Offence up to 20 Penalty Units Second or subsequent offence up to 50 Penalty Units 10. Reference to Program An AFL Club s Medical Officer may refer a Player to the AFL Medical Director for testing, education, counselling or treatment or ask the AFL

11 10 Medical Director to target test a Player in accordance with this Policy, where there are reasonable medical grounds for doing so. A Club may refer a Player or Players to the AFL Medical Director for additional testing if the Club Medical Officer has a reasonable basis to believe that the Player or Players have taken illicit drugs. A Player may refer himself to the AFL Medical Director for testing, education, counselling or treatment at any time. The AFL Medical Director has the discretion to refrain from recording an Adverse Finding against a Player who self refers and will not record an Adverse Finding the first time that a Player refers himself for such treatment prior to submitting a Sample that returns an Adverse Finding. 11. Adverse Finding A Player returns an Adverse Finding where the presence of a Prohibited Substance or its Metabolites or Markers is detected in a Sample taken from the Player. A Person will be deemed by the General Counsel or the AFL Medical Director to have returned an Adverse Finding where: A Player refuses or unreasonably fails to submit a Sample for collection after notification as authorised under this Policy or otherwise evades a Sample collection; or A Person: (A) (B) Possesses a Prohibited Substance; or Uses a Prohibited Substance. A Person who returns an Adverse Finding in accordance with this Policy will be advised of the Adverse Finding by the AFL Medical Director as soon as reasonably practicable. The AFL Medical Director will inform the Person: they are entitled to dispute the Adverse Finding in accordance with section 12; and in the case of a Player, they are entitled to advise the AFLPA of the Adverse Finding for the purposes of disputing the Adverse Finding, providing support to the Player or for any reason whatsoever. 12. Dispute of Adverse Finding A person who returns an Adverse Finding under this Policy may dispute that finding by application to the AFL Disciplinary Tribunal.

12 11 (d) A person must notify the AFL Medical Director within 36 hours of being informed of an Adverse Finding that they wish to dispute that finding under section 12, following which the AFL Medical Director will inform the General Counsel who will refer such person to the AFL Disciplinary Tribunal. A person who lodges a dispute in accordance with Section 12 shall bear the onus of proving on the balance of probabilities, that the Adverse Finding should be disregarded such that the person will not have been found to have returned the relevant Adverse Finding under this Policy. For the avoidance of doubt, should a person dispute an Adverse Finding in accordance with this section, the Person acknowledges that such alleged Adverse Finding will not be subject to the confidentiality requirements of this Policy. 13. AFL Medical Director The AFL Medical Director shall be responsible for the supervision and administration of this Policy and more specifically shall have the power to: (iii) receive from the Testing Authority and the Nominated Independent Laboratory, the results of any test for Prohibited Substances; determine when an Adverse Finding should be recorded in accordance with this Policy (subject to the determination of the Tribunal or the General Counsel in accordance with this Policy, if applicable); supervise education, counselling and treatment with respect to illicit drugs for persons who record an Adverse Finding, including by: (A) (B) (C) requiring such person s attendance before the AFL Medical Director or any other person specified by the AFL Medical Director for this purpose; determining or approving an appropriate Management Plan; monitoring, supervising, or varying a Management Plan at any time; Where an Adverse Finding is returned for a person subject to this Policy, the AFL Medical Director shall require their attendance or attendances before the AFL Medical Director or any other person specified by the AFL Medical Director for the purpose of education, counselling and treatment in respect of illicit drugs; Where a person referred to in section 13 is a playing member of an AFL Club, the AFL Medical Director shall inform the relevant AFL Club Medical Officer of the Adverse Finding with a view to involving the AFL Club Medical Officer in the further education, counselling and treatment of the

13 12 Player. A person who unreasonably fails to attend the AFL Medical Director or any specified person on any occasion when required in accordance with this section shall be deemed to have returned a further Adverse Finding; (d) (e) (f) (g) (h) A person who returns an Adverse Finding may be subject to testing under this Policy as deemed appropriate by the AFL Medical Director; A person who returns a second Adverse Finding in accordance with this Policy shall again be dealt with by the AFL Medical Director with a view to further educating, counselling and treating the person. Where such person is a playing member of an AFL Club, the AFL Medical Director shall again inform the relevant AFL Club Medical Officer of the second Adverse Finding with a view to involving the AFL Club Medical Officer in the further education, counselling and treatment of the Player; Where a person, who has returned an Adverse Finding in accordance with this Policy, is registered with another AFL Club as a result of an exchange (in accordance with the AFL Rules) or being drafted by another AFL Club the AFL Medical Director shall inform the AFL Club Medical Officer of that Club of the Adverse Finding(s) of the person with a view to involving the AFL Club Medical Officer in the further education, counselling and treatment of the Player; When informing an AFL Club Medical Officer of an Adverse Finding the AFL Medical Director shall, prior to informing the AFL Club Medical Officer, require the AFL Club Medical Officer to maintain confidence in respect of the detection so that the AFL Club Medical Officer shall not report the fact of detection to any other person without the consent in writing of the AFL Medical Director; The AFL Medical Director shall provide the Chief Executive Officer and Board of each AFL Club and the Chief Executive of the AFLPA regular reports of testing results and trends among and between clubs in the AFL competition (including the number of tests, the number of positive tests and the classes of substances detected) in a form that does not identify the persons who have returned or have been deemed to have returned the positive tests or the clubs in the comparison reports. The Chief Executives and Board members shall be obliged to treat the information received as confidential and shall not divulge or otherwise disclose the information to any person other than the AFL Club Medical Officer and shall not under any circumstances use the information nor its receipt to seek to discover the identity of person/s who have returned or have been deemed to have returned any of the positive tests; Where persons from the one AFL Club have returned in aggregate three or more Adverse Findings and all such Adverse Findings have occurred within a period of six months, the AFL Medical Director shall inform the Chief Executive Officer of the relevant AFL Club of this occurrence in a form that does not identify the persons who have returned the Adverse Findings. The Chief Executive shall be obliged to treat the information

14 13 received as confidential and shall not divulge or otherwise disclose the information to any other person other than the AFL Club Medical Officer and shall not under any circumstances use the information nor its receipt to seek to discover the identity of the person/s who have returned any of the Adverse Findings; (j) (k) The AFL Medical Director shall report to the General Counsel on circumstances known or suspected to amount to a breach of this Policy or any practice concerning the use of drugs in Australian football including without limitation information in relation to tests actual or deemed, education, counselling and the treatment of persons subject to this Policy, save that the AFL Medical Director will not disclose the identity of Persons in doing so; This Policy provides obligations on the AFL Medical Director to disclose information in relation to persons subject to this Policy, to various others including without limitation those involved in the education, counselling and treatment of persons subject to this Policy, AFL Club Medical Officers, and the General Counsel. Each Player in the AFL Competition consents to the provision of information by the AFL Medical Director in accordance with this Policy as a condition of the registration of such Player. The consent to the provision of information required under this Policy shall be deemed to be included as an eligibility requirement for the Registration of Players and Club Officials in accordance with the Rules. Each other person subject to this Policy consents to the provision of information required to be disclosed by the AFL Medical Director and the Rules shall be deemed to contain a provision to that effect. 14. Multiple Adverse Findings An Adverse Finding must take place within four years of another Adverse Finding in order to be considered a second, third or subsequent Adverse Finding. 15. No Misconduct Playing Contract The fact of a first or second Adverse Finding result under this Policy shall not constitute misconduct for the purpose of Clause 17 of the AFL Standard Playing Contract. 16. First and Second Adverse Finding A person subject to this Policy and the Rules who returns a first Adverse Finding shall receive a fine of $5,000. A person subject to this Policy and the Rules who returns a second Adverse Finding shall receive a six (6) match suspension. The fine imposed in section 16 and the six (6) match suspension imposed in section 16 shall be suspended until such time as the person returns a third Adverse Finding.

15 14 (d) The AFL Tribunal may reduce the above sanctions only where it is satisfied that there are exceptional and compelling circumstances which would make it harsh and unreasonable to apply the sanctions in all the circumstances of the case. 17. Third Adverse Finding Where a person subject to this Policy and the Rules returns a third or subsequent Adverse Finding, as determined by the AFL Medical Director in accordance with this Policy, the AFL Medical Director shall notify the General Counsel, who in turn shall notify the AFL Club Medical Officer and the Chief Executive of the AFL Club concerned. Upon the AFL Medical Director so informing the General Counsel, he/she shall: refer such person to the AFL Tribunal in accordance with the Rules; or deal with the matter in any other way which is reasonable and appropriate in the circumstances, following consultation with the AFLPA. A person who receives notice of a third or subsequent Adverse Finding shall immediately be stood down from participating in the AFL Competition pending the outcome of any Tribunal determination or appeal under this Policy, subject to the person concerned being entitled to request and being granted an expedited hearing of the matter. 18. AFL Tribunal for Third Adverse Finding A person deemed to have returned a third Adverse Finding may accept a sanction offered by the General Counsel. In the event that a sanction is offered and accepted, the Player will forego a hearing before the Disciplinary Tribunal under section 18; A person must accept or reject the sanction offered in accordance with section 18 within 36 hours of being given written notice of the proposed sanction by the General Counsel. Subject to section 18 and 18, the Disciplinary Tribunal shall hear and determine any matter in accordance with the AFL Rules provided that: (iii) a person shall be entitled to legal representation before any hearing of the Disciplinary Tribunal; a person shall be referred to the Disciplinary Tribunal for a hearing in respect both a finding of guilt and sanction; where a Player is found by the Disciplinary Tribunal to have returned a third Adverse Finding, the AFL Tribunal shall, subject to

16 15 Section 18(iv), impose a for such offence of suspension of the right to participate in the AFL Competition for not less than six (6) matches and not more than twelve (12) matches. (iv) the Disciplinary Tribunal may reduce the minimum sanctions referred to in section 18(iii) only where it is satisfied that there are exceptional and compelling circumstances which would make it harsh and unreasonable to apply the minimum sanctions in all the circumstances of the case. (d) (e) Sanctions referred to in sections 16 and 18 and expressed as a number of matches shall apply to persons who are not Players as suspensions for the equivalent time period. The AFL may make a public announcement regarding any Disciplinary Tribunal hearing to be conducted under this Policy or the acceptance of a sanction pursuant to section 18 unless in the latter there are extenuating circumstances which would make it unreasonable having regard to the objectives of the Policy. 19. Appeal of Tribunal Finding A person may appeal to the AFL Appeal Board in respect of a determination under section 12 or 18 by no later than 12 noon on the fifth day following the decision of the AFL Tribunal, on one or more of the following grounds: (iii) that there was an error of law; the decision was so unreasonable that no tribunal acting reasonably could have come to that decision having regard to the evidence before it; that the sanction imposed was manifestly excessive. The procedural matters set out in the Rules shall apply to any appeal under this section 19. A person shall have no further right of appeal to the AFL Appeal Board other than as expressly provided in this Policy. 20. Conduct or Attitude Contrary to the Spirit of the IDP In the event that the AFL Medical Director reasonably concludes that a Player has engaged in conduct and/or demonstrated an attitude contrary to the objectives, spirit and implementation of the Policy, the AFL Medical Director may inform the CEO of his Club of this conclusion provided that: prior to informing the Club CEO, the AFL Medical Director shall:

17 16 (iii) inform the Player of the basis on which the AFL Medical Director concluded that he has engaged in conduct and/or demonstrated an attitude contrary to the objectives, spirit and implementation of this Policy, discuss this conclusion with the Player, and notify the Player that the CEO of his Club will be notified; the CEO maintains the confidentiality of the information; the AFL Medical Director does not provide the CEO information regarding: the basis on which he has concluded that the Player has engaged in conduct and/or demonstrated an attitude contrary to the objectives, spirit and implementation of the policy; or the testing of the Player, including without limitation, the number of tests and the result of any test (regardless if positive or negative); and (d) the CEO does not directly or indirectly seek information from the Player regarding the testing of the Player, including, without limitation, the number of tests administered to the Player and the result of any test (regardless if positive or negative). 21. Term of Operation This Policy shall operate for a period of five (5) years commencing on 1 November The provisions of this Policy may only be varied during the Term by the agreement of the AFL and the AFLPA. The parties agree that any variation to this Policy shall only be made on the basis of reliable research and/or medical evidence being in existence which supports such variation unless otherwise agreed by the parties. The AFLPA and the AFL agree to commence negotiations on the possible extension of the Term of the Policy (including without limitations the provisions of the Policy) no later than six (6) months prior to the expiration of the Term. 22. Hair Testing The AFL and the AFLPA agree to work together in good faith regarding the use of hair testing for Prohibited Substance. For the avoidance of doubt, as of the date of this Policy, the detection of a Prohibited Substance in a Sample of hair will not be considered an Adverse Finding.

18 17 Any person who has a Prohibited Substance detected in a hair Sample will be subject to a Management Plan and/or targeted testing as determined by the AFL Medical Director 23. Policy Audit The AFL Medical Director shall provide the General Counsel an annual report, which shall not identify any Person, and shall include, without limitation, the: (iii) (iv) (v) number of tests conduct in the previous year; number of Adverse Findings; number of Players with two detections; summary of hair testing program; and classes of Prohibited Substances detected. (the Report) The Report will be provided to the AFLPA. 24. Education and Training The AFL and the AFLPA will continue to revise and enhance the drug education program delivered to Players. The AFL and the AFLPA will provide training to AFL Club CEOs, AFL Club leadership groups and player agents to assist them to identify and assist players with mental illnesses.

19 18 1. Substances STIMULANTS All stimulants (including both their (D- & L-) optical isomers where relevant) are prohibited, except imidazole derivatives for topical use and bupropion, caffeine, phenylenphrine, phenylpropanolamine, pipradol, pseudoephedrine and synephrine. Stimulants include: Adrafinil, adrenaline, amfepramone, amiphenazole, amphetamine, amphetaminil, benzphetamine, benzylpiperazine, bromantan, cathine, clobenzorex, cocaine, cropropamide; crotetamide, cyclazodone, dimethylamphetamine, ephederine, etamivan, etilamphetamine, etilefrine, famprofazone, fenbutrazate, fencamfamin, fencamine, fenetylline, fenfluramine, fenproporex, furfenorex, heptaminol, isometheptene, levmethamfetamine, meclofenoxate, mefenorex, mephentermine, mesocarb, methamphetamine (D-), methylenedioxyamphetamine, methylenedioxymethamphetamine, p-methlyamphetamine, methylephendrine, methylphenidate, modafinil, nikethamide, norfenefrine, norfenfluramine, octopamine, ortetamine, oxilofrine, parahydroxyamphetamine, pemoline, pentetrazol, phendimetrazine, phenmetrazine, phenpromethamine, phentermine, 4-phenylpiracetam (carphedon), prolintane, propylhexedrine, selegiline, sibutramine, strychnine, tuaminoheptane and other substances with a similar chemical structure or similar biological effect(s). Adrenaline associated with local anaesthetic agents or by local administration (e.g. nasal, ophthalmologic) is not prohibited. Cathine is prohibited when its concentration in urine is greater than 5 micrograms per milliliter. Each of ephedrine and methylephedrine is prohibited when its concentration in urine is greater than 10 micrograms per milliliter. NARCOTICS The following narcotics are prohibited: buprenorphine, dextromoramide, diamorphine (heroin), fentanyl and its derivatives, hydromorphone, methadone, morphine, oxycodone, oxymorphone, pentazocine, pethidine, ketamine (EKG) and Gamma hydroxyburate (GHB).

20 19 CANNABINOIDS Cannabinoids (e.g. hashish, marijuana) are prohibited. 1. Classes of substances Stimulants Narcotics Cannabinoids 2. Exemption Where it is established to the satisfaction of the AFL Medical Directors that a contravention of the Policy is solely due to a valid and legal Therapeutic Use of a substance, then no contravention of the Policy shall be deemed to have occurred.

21 20 Urine Testing Schedule 2 Illicit Drugs Policy Testing Procedures The AFL Medical Directors will contact the Testing Authority with the names of players to be tested a random selection method will be used in the majority of cases. Up to six (6) players only to be tested at each testing session. The maximum number may include both players subject to targeted testing and those selected randomly. Given the importance of confidentiality, there shall be no discernible difference in the testing session between the players tested on a targeted basis and those tested randomly including in the time and manner of testing. The accredited collector will contact the Club Liaison Officer on arrival at the AFL club training site and identify himself. These collectors will be wearing identification that clearly states they are representing the AFL and the Testing Authority. If the Club Liaison Officer is not present then the Club Football Manager must be contacted. A collector will open the envelope containing the names of the players to be tested, or conduct a random draw of the players to be tested in the presence of the Club Liaison Officer. The Club Liaison Officer must be present at commencement of each of these sessions in order to facilitate these procedures, to verify the players nominated and be available to address any issues that may arise during the testing session. At the completion of the training session or, if the player is not training for any reason, as soon as practical, the Club Liaison Officer will notify the nominated players and bring them to an area where they can wait until the collection of the Sample is completed. The Player will be provided with a copy of the IDP testing procedure for his perusal. Players must remain in the testing area at all times until they have completed all requirements unless accompanied by an accredited collector. No mobile phone use is permitted. A collector will observe each collection as well as complete/collate the paperwork. Collectors will use a tamper-resistant pre-packaged collection kit with all components carrying a bar code and a unique specimen number specific to that kit. The toilet facility is prepared to provide security and privacy toilet colouring agent such as blue loo is used so the water in the toilet bowl remains coloured. Also, there should be no other accessible source of water in the toilet cubicle. The player will be asked to remove all unnecessary outer garments, empty pockets and leave all personal items and bags outside the toilet area. The collector will ask the player to wash their hands and after such time the player will remain in the presence of the collector and not have access to any

22 21 taps, soap dispensers or cleaning agents that may be used to adulterate the urine sample. When the player has provided the Sample, the urine container will be handed directly to the collector with the sample remaining within sight of both parties at all times until sealed for dispatch to the laboratory. The collector will immediately read and record the urine temperature on the chain of custody form. The temperature reading should occur within four minutes of collection. The acceptable range is 33º 38ºC. If the temperature strip does not register a temperature and the urine feels warm, apply a second temperature strip and read temperature from that strip. The collector will also determine that there is sufficient sample for the laboratory tests to be performed as well as inspecting the urine to determine its colour and look for any indication of adulterants or diluents. Any unusual findings will be recorded on the chain of custody form. The Sample is split between the two storage tubes and the analyser tube, all of which are capped and sealed with numbered tamper-resistant seals in the presence of the player. The chain of custody form is signed by both the collector and the player. Each tube is placed in an individual tamper evident test tube bag and sealed by removing strip cover over glue strip then folding over top of bag. All three tubes are placed in the plastic biohazard bag and sealed by removing the blue seal from top of bag then seal top of bag by pushing top edges of bag together The chain of custody form is placed in the outside pocket of the biohazard transport bag; the bag is then folded over and sealed with the remaining numbered tamper evident tape. The sealed biohazard bag is placed in the transport box and sealed with red tamper resistant seal. The collector will sign and date the final tamper resistant seal. This complete process will take place within sight of the player. The Laboratory Advice Form will be completed with the unique Specimen Number and Bar Code. The sealed transport box is placed in a transport satchel and when all collections are completed, closed with a tamper-resistant plastic lock, the number of which is recorded on the Laboratory Advice Form, which is also placed in the satchel. The transport satchel is stored in a secure place until all specimen collections are completed. The AFL will provide five (5) small clean envelopes and one (1) large envelope i.e. without AFL logos. The collector will place the top copy of the chain of custody form (white copy) for each player in one of the smaller envelopes, then apply evidence tape to seal the envelope. Both the player and the collector will then sign and date their name on the evidence tape. The smaller envelope would then be put inside the large envelope, which will be pre-addressed to the designated AFL Medical Director then sealed normally. The envelopes will be couriered or mailed by Gold Express Post to the AFL Medical Director.

23 22 In the case of a player not being able to pass urine in the first instance and the collection kit has been opened, the player must remain with the collector and in view of the opened collection kit, until such time as they are able to pass urine. Note: The Club Liaison Officer plays an important role in the IDP procedures. Ensure the appointed person is fully aware of this Policy and the obligations that the Club and Player has. Hair Testing Hair testing will be carried out in substantially the same procedure as outlined above, save for necessary adaptations.