Senator XENOPHON (2:47 PM) — My question is to the Minister representing the Minister for Sport, Senator Arbib. On 26 August of this year, Chris Jongewaard was found guilty in the District Court of South Australia on one count of aggravated driving without due care and another of leaving the scene of an accident without rendering assistance, after the vehicle he was driving struck and seriously injured cyclist Matthew Rex. Last Friday, Mr Jongewaard was sentenced to two years imprisonment with a nine-month non-parole period, which I note is being appealed. Last Monday, Cycling Australia held a disciplinary hearing over Mr Jongewaard’s suitability to represent Australia in cycling, where Mr Jongewaard was ultimately banned from representing Australia for six months. Can the minister explain why the victim, Matt Rex, himself a former champion cyclist, was not notified of the hearing date, not given an opportunity to make a submission and not notified of the outcome, despite indications given to my office by Cycling Australia that Mr Rex might be included in the process?

Senator ARBIB (Minister for Employment Participation and Minister Assisting the Prime Minister for Government Service Delivery) —Thank you, Senator Xenophon, for the prior notice of this question. This is a very unfortunate incident and I am sure it is extremely distressing for Matthew Rex, his family and his friends. I know Senator Xenophon has had a great deal of involvement in this and has also met with the minister. On 11 September 2009, as Senator Xenophon noted, Chris Jongewaard was sentenced to two years imprisonment with a nine-month non-parole period. The minister has also received confirmation that, as a result of the findings of the independent disciplinary tribunal, Mr Jongewaard’s membership of Cycling Australia and affiliates has been terminated for a period of six months commencing immediately.

In relation to the specific question, obviously I cannot talk about what assurances Cycling Australia have offered Mr Rex and his family in relation to the tribunal conducted by Cycling Australia into the charge regarding their by-laws. I am advised by the minister that Anthony Nolan SC, the chairperson of the independent disciplinary tribunal, was provided with a copy of the reasons for the verdict as outlined in the legal proceedings by his honour Judge Chivell. This was considered by the tribunal determining if there was a breach of the Cycling Australia by laws.

Senator XENOPHON —Mr President, I ask a supplementary question. Can the minister outline what plans the government has to ensure meaningful transparency and accountability on the part of federally funded sports bodies in relation to disciplinary matters?

Senator ARBIB (Minister for Employment Participation and Minister Assisting the Prime Minister for Government Service Delivery) —As I mentioned previously, I understand that Senator Xenophon has met with the minister on this matter and that the minister has agreed to send a letter to national sporting organisations reinforcing with them their responsibilities to uphold the integrity of sport, notwithstanding the need to adhere to the principles of natural justice in making selection decisions. The Australian Sports Commission plays a lead role in assisting the sport industry to provide a fair, safe, ethical and inclusive culture within sport and ensure that sport retains its strong integrity base. It is a condition of the commission’s funding and service level agreements that national sporting organisations implement, review and regularly update member protection policies and procedures. All funded national sporting organisations must sign these agreements which outline their responsibilities. Member protection policies aim to promote positive behaviour, ensure compliance with state, territory and federal antidiscrimination and child protection legislation. (Time expired)

Senator XENOPHON —Mr President, I ask a further supplementary question. Does the minister support calls for an apology from Cycling Australia to Matthew Rex over the way the sporting body has handled this matter?

Senator ARBIB (Minister for Employment Participation and Minister Assisting the Prime Minister for Government Service Delivery) —As I said at the start of my first answer, this is obviously a very unfortunate occurrence and it has had a huge impact on those involved. The minister has expressed her disappointment about the decision by the Cycling Australia board to allow Mr Jongewaard to participate in the world championships, including having made representations directly to Cycling Australia.