Committee Secretary Senate Standing Committees on Rural and Regional Affairs and Transport PO Box 6100 Parliament House Canberra ACT 2600 Australia

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Committee Secretary Senate Standing Committees on Rural and Regional Affairs and Transport PO Box 6100 Parliament House Canberra ACT 2600 Australia Committee Secretary Senate Standing Committees on Rural and Regional Affairs and Transport PO Box 6100 Parliament House Canberra ACT 2600 Australia 30 May 2013 Dear Members of the Committee The Practice of Sports Science in Australia I am writing to make a submission to the current inquiry by the Rural and Regional Affairs and Transport References Committee into the practice of Sports Science in Australia. In doing so I note that my colleague from the University of NSW, Dr Jason Mazanov, has made a submission that canvasses a number of relevant issues. In my submission I wish to focus on the issue raised by Dr Mazanov surrounding the connection between sports science and the health and welfare of athletes. By way of background since returning to Australia in 2008 I have taught law at Deakin University. Whilst living in Spain I worked amongst other things as a journalist covering professional cycling. From 2009 – 2010 I undertook research with Australian professional cyclists in relation to their attitudes to the existing anti-doping regime. That research report has been published in book form.1 This report was launched at a conference organised by myself at Deakin University in 2010 which coincided with the World Cycling Championships. Because of the attendance of the former US cyclists Floyd Landis, Cycling Australia and Events Victoria, headed by Mr Steve Bracks, actively opposed the conference. Videos from the conference are available on You Tube2. 1 “I Wish I was Twenty One Now”. Chapters Four, Six and Eight touch on matters relevant to this inquiry. A copy may be downloaded from http://www.newcyclingpathway.com/wp-content/uploads/2010/09/21-NOW-FINAL-.pdf 2 http://www.youtube.com/playlist?list=PL994001BF6C946034 http://www.youtube.com/playlist?list=PLFE5A044C861EE6DC http://www.youtube.com/playlist?list=PL460C2B69A98DA056 http://www.youtube.com/playlist?list=PL17DBFD112E3BCAA4 http://www.youtube.com/playlist?list=PLFBF911BDD5DCEF73 Deakin University CRICOS Provider Code: 00113B School of Law Faculty of Business and Law Geelong Waterfront Campus, 1 Gheringhap Street, Geelong VIC 3220 Tel 03 522 71307 [email protected] www.deakin.edu.au 2 In respect of the terms of reference of this inquiry the following are directly relevant to my submission: (c) the duty of care of sports scientists to athletes, and the ethical obligations of sports scientists in relation to protecting and promoting the spirit of sport; (d) avenues for reform or enhanced regulation of the profession; and (e) any other related matter. My submission to the inquiry can be summarised in the following terms: Deakin University CRICOS Provider Code: 00113B School of Law Faculty of Business and Law Geelong Waterfront Campus, 1 Gheringhap Street, Geelong VIC 3220 Tel 03 522 71307 [email protected] www.deakin.edu.au 3 4. Sporting organisations, teams, doctors and sports scientists must treat the health of their participants as being as important if not more important than performance. To not do so merely treats the athlete as a disposable commodity. 5. There is a connection between athlete health and anti-doping. In the main the connection is only made rhetorically by anti-doping organisations, governments and sport. The connection must be made substantive. To this end I have proposed that tools such as the Blood or Biological Passport be used not only as anti-doping tools but that they also be integrated into the monitoring and protection of athlete health. I set out further detail on this below. Anti-doping and health protection are prima facie closely connected on two levels. Firstly, doping substances and methods may in themselves be harmful to athletes’ health. Secondly, and possibly not as widely understood or recognised, is the manner in which over-competing, and both over- training and/or poor training techniques, potentially lead to fatigue which then places the fatigued athlete in a position whereby they may resort to doping in order to shortcut the recovery process. Vast sums are already being invested into the Biological Passport system by the professional cycling teams (and now for example it seems by the NRL and AFL). In cycling the teams are also responsible for the expenses related to the medical monitoring program. Prima facie, a sensible use of resources would appear to be that rather than funding two parallel testing and examination systems, one merged program could be established which collects complementary data, which is both directed at anti-doping (through blood and urine tests) and at medical monitoring (through the same blood tests as well as other forms of mandatory medical Deakin University CRICOS Provider Code: 00113B School of Law Faculty of Business and Law Geelong Waterfront Campus, 1 Gheringhap Street, Geelong VIC 3220 Tel 03 522 71307 [email protected] www.deakin.edu.au 4 examinations). In doing so it may be that medical monitoring programs (such as that set out in Part 13 of the UCI Rules) might in fact operate in a more efficient and effective manner if they were merged with programs such as the Blood or Biological Passport. Furthermore, by building a stronger link between substantive health monitoring and anti-doping athlete concordance anti-doping may itself be improved and better fostered. As emphasised in our Project Report (I Wish I was Twenty One Now) there is a need for a stronger link to be developed, between the athlete career sustainability, their health and labour conditions and an effective and substantive rationale for anti-doping policy. The merging of the medical monitoring program and the Biological Passport may assist that process. Measures such as this would also constitute substantive attempts to prioritise athlete health in the world of sport science (whether the practitioners are doctors or some other form of practitioner). Until health is made a substantive rather than rhetorical issue in sport not only will athlete health suffer, but so will any sustainable anti-doping programs. I thank the Committee for the opportunity to make this submission and I am available to discuss it further and assist in any other manner. Yours sincerely Martin Hardie Lecturer in Law Deakin University CRICOS Provider Code: 00113B School of Law Faculty of Business and Law Geelong Waterfront Campus, 1 Gheringhap Street, Geelong VIC 3220 Tel 03 522 71307 [email protected] www.deakin.edu.au I Wish I Was Twenty One Now Beyond Doping in the Australian Peloton I wish I was Twenty One Now Beyond Doping in the Australian Peloton Har die, Shilbury, Ware, Martin Hardie, David Shilbury, Ianto Ware, Bozzi Claudio Bozzi Beyond doping in the Australian peloton 3 I Wish I was Twenty One Now - Beyond Doping in the Australian Peloton A Report by Martin Hardie, David Shilbury, Ianto Ware, Claudio Bozzi. This report draws from interviews with current and recently retired professional cyclists and a review of existing anti- doping measures to consider the possibilities for a cleaner, sustainable sport. One of our interview participants captured the complexity of those issues, telling us, “My body is not a temple, but I have to live in it”. It was a remark that embodies the tensions at play within and between the various themes we encountered in researching this project. The idea of an athlete, and more so a professional cyclist, as being a privileged free spirit in many ways is at odds with the regimes of location and physical surveillance embodied in such anti-doping measures as the Whereabouts system and the Biological Passport. At the same time, the cyclist is both a mythical hero, famously likened by the philosopher Roland Barthes as well as early sporting journalists like Henri Desgrange, to Greek Gods - and an overworked and exploited worker – the ‘giant’ and the ‘convict’ of the road at one and the same time. The cyclist is a sportsperson, a player of a game, at the same time as being an entrepreneur in a global business that produces lifestyles as commodities. They are competitors as well as co-operators, and they find themselves subject to a hybrid global legal regime at the same time as they are subject to the peloton’s own internal codes, norms and ethics. Somehow within all of this, professional cyclists must engage in work both on their physical selves, and with their colleagues to fashion a space in which to conduct their lives – a place in which they can learn to live within their bodies and contribute to building a sustainable collective body for all involved in their sport. Thus, mutual respect and sustainability loom large in the logic of the cyclists as an inherent, if contradictory, system to ensure the welfare of their sport, their profession and their industry. On the one hand, their lives are devoted to the higher concepts and values of athleticism, fair play and competition and, on the other, they are in the business of selling a sporting spectacle and their jobs are as embroiled in the less glamorous practicalities common to any industry. 4 I wish I was twenty one today Draft Version 1.0 Prepared for New Cycling Pathways Conference Deakin University, Geelong, 27 & 28 September 2020. Beyond doping in the Australian peloton 5 I Wish I was Twenty One Today - Beyond Doping in the Australian Peloton A Report by Martin Hardie, David Shilbury, Ianto Ware, Claudio Bozzi Deakin University Faculty of Business and Law, Waurn Ponds, Victoria, Australia New Cycling Pathways: http://www.newcyclingpathway.com Draft Version 1.0. 27 September 2010 6 I wish I was twenty one today Table of Contents Chapter One My body is not a temple, but I have to live in it ............................................................... 9 Chapter Two Method, Rationale and Principles.................................................................................. 12 Background to the Study ...............................................................................................................
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