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Sport and the law put through its paces

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Steve Spinks
Published
6 August 2013
From the controversy of athlete doping, to the simplicity of workplace contracts, the law is entwined in the running of elite sport.

With the Australian Sport Anti-Doping Authority (ASADA) in the headlines this week, Southern Cross University will host a sport and the law seminar at its Gold Coast campus on Wednesday, August 7 from 12pm to 2pm.

Featuring in the panel style symposium will be elite surf lifesaver Courtney Hancock, along with former professional rugby league player and now lawyer Tim Fuller, Southern Cross University law academic Andy Gibson and Professor Jim Corkery of Bond University.

The panellists will look at the interface between elite sports and the law, issues confronting elite sportspersons, and explore research opportunities and institutional collaborations on sports law.

Mr Gibson, who was for the last eight years the director of finance for the Australian and New Zealand Sports Law Association, said the opportunities for research in sports law would only grow.

“It is a relatively new area of the law which is constantly evolving, and its impact can be seen not only at elite level but at all levels of sport,” Mr Gibson said.

“Obviously, ASADA is in the news at the moment in regards to doping investigations into players in the Australian Football League and the National Rugby League but there are more day-to-day matters that affect the conduct of an athlete than just the doping issues.

“A good example is of an athlete who is required by a sponsorship arrangement to engage with fans via social media. What happens if that athlete is then stalked as a result of their social media obligations and doesn’t want to continue with their contract? What are the legal ramifications for the athlete? What if the sponsor insists that the athlete carry out their contractual obligations and the athlete is attacked and injured? Does the sponsor have a duty of care?

“Another issue gaining prominence is: what is the duty of care that a sporting body owes to players for their safety, particularly in relation to concussion? Furthermore, what are the legal requirements facing sporting committees today? Do sporting tribunals have to comply with natural justice and procedural fairness or are they a law unto themselves?

“These are the type of discussions we will hold and having an elite athlete like Courtney Hancock attending will give an interesting insight into the impact of the law on the life and business of an elite sportsperson.”

The seminar is open to the public and free to attend.

Photo: Andy Gibson.