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Finnis says clubs could be liable for doping

Expert
15th February, 2013
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CEO of the AFL Players Association Matt Finnis has called for doping authorities to scrutinise clubs more in their role of directing players towards the use of performance-enhancing drugs.

While acknowledging players are currently responsible for all substances which enter their body, Finnis questioned the dynamics between players and the clubs that employ them.

As employees, players’ roles extend far beyond playing. Strict health regimens, behavioural requirements, and marketing commitments are part of player contracts. Breaches can see players suspended or dismissed.

In a meeting with the Australian Crime Commission and Australian Sports Anti-Doping Authority on Thursday, Finnis questioned where liability stood when players were directed to take certain substances by their employers.

While players have the ultimate say in the substances which enter their bodies, they are also bound to the advice of their club doctors, who a reasonable person would expect to trust. Any illicit substances prescribed under the direction of the club could hold the club equally if not solely liable for their use, suggested Finnis.

“Athletes in this context are bound by the decisions of people in authority,” he said.

The sharing of information between club sport scientists and players has been brought into question following claims by an AFL player that he and others were unaware of the contents of substances they were prescribed.

Under current doping policies, players found guilty of using illicit substances can be banned from competing in sport, but authorities have no power over administrators. Suspensions and bans would come from the governing bodies of each code.

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AFL Club medical staff are stringently educated on acceptable practices within their industry, in a quickly developing environment where new substances and methods are frequently created.

As employers of AFL players, clubs hold a duty of care to abide by all drug policies applicable to players.

At the conclusion of the current investigation into AFL doping, any players found guilty and subsequently banned should consider court action against their clubs for breaching their duty of care.

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