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19    Education and Employment References Committee—Proposed Reference

Senator Madigan, also on behalf of Senators Leyonhjelm, Lambie, Muir and Wang, the Leader of the Glenn Lazarus Team (Senator Lazarus) and Senators Day and Xenophon, pursuant to notice of motion not objected to as a formal motion, moved business of the Senate notice of motion no. 3—That the following matters be referred to the Education and Employment References Committee for inquiry and report by 30 June 2016:

The ramifications for professional sports people of Australia’s participation in the international sports anti-doping framework, with particular reference to:

    (a)   Australia’s international obligations under the United Nations Educational, Scientific and Cultural Organisation [UNESCO] October 2005 International Convention against Doping in Sport and the World Anti-Doping Code;

    (b)   the operation in domestic professional sports of the:

                  (i)   Australian Sports Anti-Doping Authority Act 2006 (the ASADA Act),

                 (ii)   National Anti-Doping Scheme, and

                (iii)   National Anti-Doping Framework;

     (c)   the investigatory powers of ASADA in comparison with similar bodies in other jurisdictions and conventional law enforcement agencies;

    (d)   the judicial process provided for under the ASADA Act, including, but not limited to, the rights accorded to accused sportspersons and others during the investigatory phase, the rules governing admissibility of evidence at each stage of the process, the standard of proof applicable at each stage of the process, and rights to appeal any finding of guilt or associated penalties;

     (e)   how professional sporting competitions have responded to the obligations imposed by the World Anti-Doping Agency (WADA), and the effects on the individual sports person;

     (f)   the effect on domestic professional sporting competitions of the regulation by WADA and the rulings of the Court of Arbitration for Sport; and

     (g)   any related matters.

Question put.

The Senate divided—

AYES, 18

Senators—

Day

Leyonhjelm

Rhiannon

Wang

Di Natale

Ludlam

Rice

Waters

Hanson-Young

Madigan (Teller)

Siewert

Whish-Wilson

Lambie

McKim

Simms

Xenophon

Lazarus

Muir

 

 

 

NOES, 39

Senators—

Abetz

Edwards

Marshall

Reynolds

Back

Fawcett

McAllister

Ronaldson

Bernardi

Fierravanti-Wells

McEwen (Teller)

Ruston

Bullock

Fifield

McGrath

Ryan

Bushby

Gallacher

McKenzie

Singh

Cameron

Ketter

McLucas

Smith

Cash

Lindgren

Moore

Sterle

Conroy

Lines

O’Neill

Urquhart

Cormann

Ludwig

O’Sullivan

Williams

Dastyari

Macdonald

Parry

 

 

 

Question negatived.