What are the latest developments in the ASADA investigation? The ASADA investigation remains ongoing. It is a complex investigation without a definitive timeframe and is independent of the NRL. The investigation strategy including player interviews is a matter for ASADA. They are the proper, expert investigative authority and the NRL and NRL Clubs are working with ASADA to ensure a fair and thorough process. Should ASADA provide sufficient evidence against a player/s then the NRL will immediately issue an infraction notice. It is important to note that the basis of ASADA s initial inquiries remain unchanged. That is, aside from some well documented concerns at Cronulla, its focus is on whether individuals, or groups of individuals, acted outside of club programs. The investigation will look at players across a number of clubs. Who are the players involved? Identifying any player is unfair. All players are entitled to the presumption of innocence. Investigators have also pointed out that the request to interview players does not mean those players are under direct suspicion. It is the NRL s strong view that nobody should be pre-judged and we will not stand down any player until there is sufficient evidence for an infraction notice to be issued. There should be no place for innuendo in the meantime. What is an Infraction Notice? An infraction notice is issued by the NRL following the provision of a brief from ASADA outlining evidence which effectively charges the player with a breach of the League s Anti-Doping Policy. The infraction notice details a player s options in accepting a nominated penalty under the WADA Code or proceeding to a hearing before the NRL Anti-Doping Tribunal. This Tribunal is made up of: a person qualified as a barrister or solicitor, who shall be the chairperson; a fully qualified medical practitioner or a 2nd person qualified as a barrister or solicitor; a prominent citizen (which includes a former representative Athlete who has succeeded in a career following retirement) or a 3rd person qualified as a barrister or solicitor. Can players still play for their Clubs? Yes. The request to interview players does not mean those players are under direct suspicion. Everyone is entitled to the presumption of innocence and the NRL will not stand down any player until there is sufficient evidence for an infraction notice to be issued. We cannot pre-empt any outcomes of ASADA s investigation. Which Clubs are involved? ASADA has informed the NRL that aside from some well-documented concerns at Cronulla, its clear focus is now on whether individuals, or groups of individuals, may have acted outside of club
programs. The NRL has always said this investigation will include more than one player and more than one club. It is inevitable that inquiries will be made at other clubs. The NRL remains in regular contact with ASADA and the Federal Minister for Sport has significantly increased resources available to ASADA. This has greatly assisted the investigation. It is important to note that all our Clubs work with ASADA on an ongoing basis through a year-round testing program. Therefore it is not unusual for ASADA to be present in a club environment. What help has been offered to the Cronulla Sharks? The NRL has provided resources to the Sharks as the club deals with some challenging times. This has included assisting Cronulla in engaging Bruno Cullen as an Interim Chief Executive and the provision of administrative staff. The NRL and the Integrity and Compliance Unit are also providing active, ongoing support to the Club s Board and Executive as it responds to the ASADA investigation. Will a player be able to enter a plea bargain with ASADA? Under the World Anti-Doping Agency (WADA) code there are only limited options under which a sanction can be varied. These are listed below under the question, What are the defences available to players? What happens if ASADA gathers enough evidence against a player? The NRL will be advised by ASADA when an infraction notice is to be issued by the NRL and at this point a player would normally face a provisional suspension from the NRL. The NRL Anti-Doping tribunal would normally hear the matter. Any final penalty would be backdated to the time of the provisional suspension. The player has a right of appeal to the CAS (Court of Arbitration for Sport). ASADA and WADA (World Anti-Doping Agency) also have rights of appeal if they feel the sanction imposed by the NRL Anti-Doping Tribunal was inappropriate. Is there an offer by ASADA to Cronulla Sharks players? There has been discussion about an offer to Cronulla Sharks players. ASADA s position is that it does not does offer deals to players. Under the WADA code any athlete is entitled to a maximum 75% reduction in penalty if they provide substantial assistance under the definitions of the code. This is detailed further under What defences are available to players? What was announced in February by the Australian Crime Commission? On 7 February 2013, the Australian Crime Commission (ACC) released the findings of 12-month investigation into drugs in sport. The findings were based on ACC intelligence which remains highly confidential and is not in itself, at this stage, evidence that can be used to prosecute individuals. While the NRL received enough
information to understand that the issues are serious, the briefing was at a high level and did not include player names or detail on which we could act. The ACC intelligence was used as the basis for further investigation and that is the process which ASADA is now undertaking. ASADA is governed by Federal legislation and operates in accordance with the World Anti-Doping Authority (WADA) Code. The NRL s Anti-Doping Policy requires all parties to fully cooperate with any ASADA investigation. The ACC s Organised Crime and Drugs in Sport report can be found at www.crimecommission.gov.au What actions has Rugby League taken in response to the ACC report? In response to the ACC report, the NRL immediately established the Integrity and Compliance Unit (ICU). Apart from its work in coordinating the NRL s response to the ASADA investigation it has made strong recommendations on future player testing and on other compliance procedures including the introduction of an Athlete Biological Passport program and a FAIRPLAY hotline. The ICU will fundamentally change our approach to integrity issues going forward and ensure rugby league is in a position to meet the emerging threats that all sports will face in the years ahead. The NRL is also actively supporting the ASADA investigation and we are keeping in close consultation with the Federal Government. Is ASADA treating rugby league differently to other sports? We have received absolute assurances from Government and from ASADA that there will be no preferential treatment between the codes. ASADA is an independent authority and has put in writing its commitment to ensure that the same WADA Code principles will apply uniformly to all codes. Are players being supported? Yes. The overwhelming majority of players in our game are not only great athletes but great community ambassadors they do not deserve to be under a cloud of speculation. Ongoing conjecture is unhelpful and everyone is entitled to the presumption of innocence. The NRL has made it clear that no player would be stood down unless there is firm evidence from ASADA that would warrant such action. We have called for the media and the public to respect the ASADA process without pre-judging any individual or club. As we all know, the only way we can achieve certainty is for ASADA to complete its investigations. We want ASADA to get to the bottom of any issue because the vast majority of players and fans do not deserve to be under a shadow. NRL is working closely with the Rugby League Players Association (RLPA) who has engaged Senior Counsel to assist players during this process. All players and their families are also being offered professional counselling services.
What are the responsibilities of players when it comes to drugs? In signing a contract all players agree to comply with the NRL s Anti-Doping Policy. The policy bans all players from taking drugs which are on the WADA prohibited list. This list is available from Clubs, the NRL, ASADA and WADA. Players receive annual briefings from their Clubs, undergo an annual knowledge test and are made aware of the Anti-Doping Rules and the ASADA website information. The NRL also has an ongoing testing program for performance enhancing and illicit drugs which players are familiar with at the youth and elite levels of the game. It is made clear that a player is responsible for whatever substance is found in their system. What can ASADA do without a positive drug test? A positive drug test is one of only eight possible ways an athlete can incur an Anti-Doping Rule Violation. The others* include: a prohibited substance being found in an athlete s sample use or attempted use of a prohibited substance refusing to submit a sample or tampering with it avoiding testing possession or trafficking in a banned substance Assisting in or covering up anti-doping violations *Please note that these are informal descriptions and anyone seeking to rely on this information should refer to The Leagues Anti-Doping Policy. What are the defences and reductions available to players under the NRL Anti-Doping Policy? There are three key defences for lessening a sanction*: No Fault or Negligence The athlete must establish that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had used or been administered the Prohibited Substance or Prohibited Method. While it can lead to no sanction being imposed it is an incredibly hard defence to prove and is rarely achieved. No Significant Fault or Negligence The athlete must establish that he bears no significant fault or negligence. This is an incredibly hard defence. The WADA code provides the example of an athlete who is administered a substance by his doctor without the athlete being aware they were receiving the substance. It can lead to a reduction of no more than half the initial suspension. Substantial Assistance in Discovering or Establishing Anti-Doping Rule Violations This requires an athlete to provide full disclosure of all information and assistance (including the provision of evidence) that leads to the discovery or establishment of an anti-doping violation by another person or which results in that other person being subject to disciplinary proceedings. This can lead to a maximum 75% reduction of a ban from sport. *Please note these are for illustrative purposes only and anyone seeking to rely on information should refer to the League s Anti-Doping rules.
What is the WADA Code? The WADA Code ensures that all international sport is governed by the same anti-doping principles. The code works in concert with a WADA list of banned substances which is reviewed and published each year. ASADA administers this code in Australia; the NRL s Anti-Doping Policy is reviewed and approved each year as being Code Compliant. The minimum ban for taking a prohibited substance is two years for a first offence. This applies to Anabolic Agents, Peptide Hormones and Growth Hormones. The list does contain specified substances that can incur a lesser sanction ranging from a warning to two years provided an athlete can demonstrate how the substance entered their body and show that it was not taken for the purpose of performance enhancement. Are peptides on the WADA List? The WADA List tries to include all relevant substances but will not include every drug by name, given the speed with which manufacturers may seek to avoid being classified. The List does specify families of drugs and under the heading: S2. PEPTIDE HORMONES, GROWTH FACTORS AND RELATED SUBSTANCES it includes the phrase and other substances with similar chemical structure or similar biological effect(s).