EXCLUSIVE: The Australian Crime Commission is the most powerful crime authority in Australia. Its greatest strength is its coercive power, the frustration that this brings is the rules and secrecy that surround it.
On Thursday we had five of Australia’s major sports, NRL, AFL, ARU, the FFA and Cricket Australia stand up with myself, the Minister for Justice Jason Clare, the Australian Crime Commission and the Australian Sports Anti-Doping Authority (ASADA).
For many sports fans this was not a nice introduction to the important work the ACC and ASADA do. The fact that the announcement could not come with naming codes, clubs or players is frustrating for fans and I understand that.
Through The Roar, I am hoping that I can help fans understand the best way to get to the bottom of these disturbing allegations.
This means that, while it is frustrating, we must allow the Crime Commission, ASADA and police to complete their investigations in a way that best allows them to catch cheaters and crooks who are threatening the integrity of Australian sport.
The Crime Commission is an incredibly powerful agency that was established to combat serious and organised crime.
It has the powers of a standing Royal Commission, which means they have the powers to compel people to answer questions they would not normally answer when under investigation by police or anti-doping officials.
The Crime Commission also works in secret, which is why you heard both the AFL and NRL yesterday repeatedly state they are under legal obligations to not repeat information containing in briefings by the Commission.
Being called to the Crime Commission is not a pleasant experience. In a room replicating a court you are asked a series of questions which you must answer, everything you say in that room is protected under the Crime Commission Act. As a witness you are under serious limits of what you can say once you leave the room. If you compromise the confidentiality of the hearings you face serious legal consequences including up to a $5,000 fine or one year imprisonment.
In October last year the Crime Commission signed a memorandum of understanding with the ASADA to help the two organisations better share intelligence and work together to investigate sports doping.
ASADA, who’s role is to protect the integrity of sport through doping, conducted more that 7,000 tests and initiated 28 anti-doping investigations in 2011-12. The Government knows as a result of yesterday’s announcement the number of investigations will increase substantially.
I have already acted to address this. During the week I introduced legislation to amend the ASADA’s legislation to increase ASADA’s investigative powers and double the funding for investigations.
Right now, if you receive a call from ASADA to attend an interview there is no punishment if you do not attend. This means that some athletes and support personnel are giving ASADA the run-around and not cooperating with investigations.
We want this to stop, which is why the changes before Parliament give ASADA the power to issue fines for those persons of interest who do not co-operate with investigators.
ASADA investigations are always completed confidentially to protect their integrity and to protect those both under investigation and those that wish to blow the whistle on prohibited practises.
Some people have asked why the Government released the findings of the Crime Commission report yesterday when we couldn’t release any details of the names and clubs involved.
That’s a reasonable question and it has a reasonable answer.
Under the law, ASADA can only start working with sports on an investigation after the Crime Commission has publicly released its report. Now that the report is released, that important work can begin.
Not every athlete is a cheat and the AFL and NRL have very much moved on the front foot to address the Crime Commission’s report. They have opened their doors to ASADA investigators and are cooperating fully.
This is a tough time for sports fans who believe in a clean, fair, equal sport.
But, yesterday, sports fans around the country saw the leaders of Australia’s professional sport stand side-by-side with the Government to draw a line in the sand.
Doping and cheating doesn’t belong in Australian sport and it’s up to all of to fight against it.
Together with your support, I’m sure we can achieve this.
Kate Lundy is a member of the Australian Senate, representing the Australian Capital Territory, and was Minister for Sport at the time of writing.
James Ditchfield
Roar Rookie
Despite the best efforts of everyone trying to crack down and eradicate them from sport, unfortunately drugs will never be completely eliminated.
Pot Stirrer
Guest
If this was political grandstanding then why hasnt the change of government put an end to it. Also the Liberal Advocates from the Radio who were blasting labour over it have also gone quiet, Could they now have more information courtesy of their Liberal pals and realised its not a witch hunt. Imo this is all going to blow up and players named when the footy seasons are well and truly over and a significanty short of next season starting to minimise the impact on the respective codes. Ps its great the Roar is recognised as a place for true fans of thier respective codes.
Neuen
Roar Rookie
Francis Bourke and Mitchell Spackman. What happened to Wendell Sailor btw?
Neuen
Roar Rookie
Drugs is part of sport actually. We use it to cure our ill. We use it to cure our injuries and help with relieve of pain. Does it mean that everyone that test positive for a substance is a cheat. Athletes, sportsmen and woman are not doctors nor scientist. They do make mistakes and they do take something prescribed to them that they did not know was something that is a banned substance or will still show up in the urine or wherever. Tests do not show the amount and a person who might have taken that pain killer might be positive even not competing in a event. That is why some retire early due to injuries as the medicine you can use are severely limited. Instead of putting a guy in a room who did not know better or made a mistake why not try and help and protect the sportsmen of your country? After all they are your citizens and its your duty to protect them. Going after them and frying them in public is no way to treat them. You already banning them, gave them a sentence now you ridicule them. What happened to forgiveness and let people learn from their mistakes? That is no way to go after you own citizens. You do not actually fight the problem nor do you solve anything. It is like creating a massive special drug unit and go after the users trying to eradicate the problem. The only way to solve such things is to go after the source. You do not need a special agency in every country you need a international accepted agency who is not bound by borders and can conduct investigations and bring the source with the help of different authorities to justice.
TC
Guest
I can see you get your rocks off at the power of the ACC (yawn), but regardless, all the hallmarks of political interference are there (for a body that is ostensibly fiercely independent). The 7:30 report is about to start, when I return, I'll point a few things out.
Fussball ist unser leben
Roar Guru
"a few commentators have already mentioned this the last few days." The commentators that I've read do NOT have a clue about the power & functions of the ACC. The majority of the reporting on this subject has been factually incorrect & demonstrates an embarrassing lack of research across sports journalism. The only journos I'd be reading about this issue are crime journos - people like John Silvester - or investigative journos of the calibre of Nick McKenzie and Richard Baker. I certainly don't expect journos with nicknames: Robbo, Damo, Carro, Hutchy, Stevo to have clue about the workings of the ACC. Their scope should be picking "who will make the 8" each week for 52 weeks each year. Note: To understand the powers of the ACC, refer to the Australian Crime Commission Act 2002 http://www.austlii.edu.au/au/legis/cth/consol_act/acca2002289/
TC
Guest
nodrog is correct that the ACC's brief is to investigate organised crime, and he is also correct that this particular investigation has all the hallmarks of political interference - a few commentators have already mentioned this the last few days.
Fussball ist unser leben
Roar Guru
@nodrog You probably need to do some research into the powers & functions of the ACC to better understand its role in law enforcement. The ACC does not get involved with prosecutions - it gather information & then hands this information over to the police - Federal or State. In the same way, Federal & State police forces do not have the information-gathering powers of the ACC. When all our law enforcement agencies share information .. their reach & power is quite breathtaking. If the ACC is tapping your phone, bugging your house & monitoring your computers .. you can be sure that the Police will be breaking down your door in the foreseeable future. For a society that's used to CSI identifying the crooks in 60 minutes - less commercial breaks - the reality of law enforcement must be a rude awakening. Gathering information about organised crime is boring & all about patience. Now that the information is gathered, we wait for the SOG to kick in the doors .. that's the exciting bit.
nodrog
Guest
The reputation most damaged by last Thursday’s farce has to be that of the ACC itself. From time to time, this body has been sold to us as law and order’s response to organised crime in Australia. What a disappointment to see them reveal themselves as just another bunch of political flunkies – as if we don’t have enough of those – ready to obey the call of their political masters to put on a dog and pony show, the purpose being to take politics off TV and the front pages, where the government has been called to account day after day for its dishonesty and incompetence. Real police don’t call out the media to announce an inquiry Real police investigate and then arrest people and charge them. Then, and only then, do they get their five minutes of fame in front of the media. If the power of arrest and charge lies with the state police and not the ACC, of what possible use can a circus like last Thursday’s be, other than to alert the guilty of police interest in their activities, giving them a chance to destroy evidence? It will be interesting to see when, if ever, someone is arrested, charged and convicted of the crimes alleged by the ACC.
Happy Hooker
Guest
They weren't professional players; from the Illawarra comp if I remember correctly.
Happy Hooker
Guest
Minister, I think you're hot!
MV Dave
Guest
So those clubs that employ the best doctors wins...yeh Lance Armstrong would back you to the hilt. Not the type of sports competition l'm interested in.
BigAl
Guest
What I am implying is that the article is political spin from someone in her office. I was drawn to make the post as a reply to (and in agreement with ) the post from TC which ends... " I call out extreme political grand standing here." I am neither planning to call her department to discuss anything, nor attempting to bring into question your editorial team.
sledgeandhammer
Guest
What the hell does match fixing have to do with my comment? And do you honestly believe that an individual who consumes drugs issued by a club doctor in order to improve performance, in wait for it, sport, deserves a criminal record? If you do, then your view is objectively ridiculous. We are talking about athletes trying to gain a living for God's sake.. The anti 'doping' crusade is an ideological witch hunt which is completely removed from reality. As human beings we push the limits in the development of all aspects of technology, biology and now genetics. Why not take a scientific approach to developing performance enhancing drugs, rather than have an underground industry. There is no 'level playing' field, no equity in resources or fairness in sport. To think that so called doping is akin to cheating shows a naive and manipulated view of reality. Unfortunately that is the view pushed down our throats by the media and it appeals to the lowest common denominator. So be it. I choose to disagree.
sledgeandhammer
Guest
Great post
Neuen
Roar Rookie
ACC monitor packages then intercept most of them. Two rugby players were caught that way. A four-year ban on one individual for the possession and attempted trafficking of GHRP-6 and the other individual received a two-year ban for possession of GHRP-6 in 2010. Any guesses who they were?
Fussball ist unser leben
Roar Guru
@Redb Sounds like you've been indulging in the same chemicals as the players you watch. I've NEVER - repeat NEVER - claimed I've got access to the Classified ACC report. In fact, I've gone out of my way to explain - again and again - to the numskulls on this forum, who think the UNclassified report is all full exent of the ACC's work for the past 12 months.
Redb
Roar Guru
And you Fussball claimed to be one of them. It is highly confidential. Has Roar admin been asked for your IP address & email?
Redb
Roar Guru
As I said the other day it's a scattergun approach that incriminates every player, club & code. The Government at least recognise this. Remember: innocent until proven guilty.
Tristan Rayner
Editor
I do like a good conspiracy theory, BigAl. But what are you implying? That we wrote this? Very odd. Please call her department to discuss your 'concerns', rather than attempt to bring into question a small, hard-working editorial team. Tristan, Roar Editor.