http://www.theage.com.au/rugby-leag...d-to-find-source-of-leaks-20130731-2qzmy.html
Ongoing investigation: Cronulla Sharks players face a second round of interviews by ASADA officials.
Photo: Getty Images
The Australian Federal Police could be asked to investigate whether the Australian Sports Anti-Doping Authority has breached its own act and illegally leaked sensitive information to the media.
A leading barrister, who is involved in the current doping probe, has written to the Australian Minister for Sport, Don Farrell, calling for an inquiry into ASADA amid concerns the anti-doping body has leaked information it has gathered during its probe into the NRL and AFL.
An official complaint will be made to the AFP if the matter, which has also been referred to the Word Anti-Doping Authority, is not acted upon. Under section 71 of the ASADA Act, it is an offence if National Anti-Doping scheme personal information is disclosed to ''someone else''. The penalty for doing so is two years in jail.
Former Cronulla trainer: Trent Elkin.
Photo: Anthony Johnson AWJ
Should the AFP become involved, it won't be the first time they have investigated ASADA. The federal police raided the agency over the AFL's concerns that the names of footballers were leaked in 2006 in relation to drug testing. The AFL took out a Supreme Court injunction to prevent the media from publishing the names of three players who had tested positive to illicit substances on two occasions. On that occasion, the AFP cleared ASADA of any wrongdoing.
Advertisement
The development comes amid concerns sensitive information, including the contents of ASADA's interview with former Cronulla trainer Trent Elkin, had been leaked to a media organisation. And Canberra winger Sandor Earl obtained a Supreme Court injunction to prevent his medical records being published. In a judgment delivered by Justice Richard White on June 20, lawyers for Earl were successful in preventing Nationwide News, publisher of the Daily Telegraph, printing the player's ''confidential'' medical information.
Martin Hardie, a lecturer in law at Deakin University and an expert in the WADA code, said the investigation would be seriously compromised if confidentiality protocols weren't adhered to.
''It's a concern that many of the things appearing in the media about the Cronulla players seem to be relevant to the investigation, such as what substances were taken, etc,'' Hardie said.
''It's a federal police matter. If it has come from ASADA it is clearly a breach of the Act.
''One would hope the minister for sport is watching the detectives. One would hope those responsible for investigating Commonwealth crimes are also watching the detectives. It could also be a matter for the privacy commissioner. If it is ASADA material, it should be fairly obvious where it's coming from.
''If any clubs or players are concerned about this, they should make a complaint.''
It is understood that information leaked to or from government sources is a breach of the code. Hardie, who has represented athletes accused of doping, said there were rare cases where ASADA could go public with findings.''The ASADA Act specifically says the only time that the information can be released is with the consent of the athlete or at the completion of the whole process, which includes any appeal to the court of arbitration for sport, etc,'' he said.
''If one presumes the only possible source of this information could be from someone involved in the investigation, it appears they have breached section 71 of the ASADA Act. That's a Commonwealth crime.''
The news comes amid speculation that an NRL forward who has not played for Cronulla was about to roll over and take a reduced six-month drugs ban. Sources said the player has scheduled an interview with ASADA later this month.
Read more:
http://www.smh.com.au/rugby-league/...ce-of-leaks-20130731-2qzmy.html#ixzz2aez8EoAz
