Anti–doping | TUE Appeals | Appeals |Other sports-related disputes | Pro-bono lawyer scheme

Anti-Doping Proceedings

Anti-doping proceedings will usually be brought by Drug Free Sport New Zealand (but possibly an NSO in certain circumstances) when they consider that there is sufficient information or evidence that an anti-doping violation has taken place.  For example, this may be on the basis of an athlete returning a positive drug test result or refusing to provide a sample for drug testing.  Proceedings may also be brought on the basis of evidence supporting other alleged anti-doping violations such as trafficking in prohibited substances.

The organisation bringing the proceedings is referred to as ‘the applicant’ and the athlete or other person alleged to have committed the offence is known as the ‘defendant’.

The Tribunal has the jurisdiction to decide whether an anti-doping violation has been committed and to decide the appropriate penalty for such a violation.

Depending on their anti-doping policy, an NSO can apply to the Tribunal to have an athlete, who Drug Free Sport has notified them has returned an adverse finding (such as testing positive to a prohibited substance), provisionally suspended until the Tribunal can hear and determine the matter. Such provisional suspension applications are often made before Drug Free Sport has referred the matter to the Tribunal. A provisional suspension prevents the athlete participating in the sport of the NSO. The Tribunal usually hears provisional suspension applications urgently.

Steps in anti-doping proceedings

1. If applicable, the NSO makes an Application for Provisional Suspension to the Tribunal. The NSO:
   • files the Application for Provisional Suspension in Anti-Doping Rule Violation Matter (Form 6)(PDF, 454 KB) with the Tribunal (accompanied by a copy of the Notification of the Adverse Analytical Finding that that the NSO will have received from Drug Free Sport) and
   • serves a copy on the defendant and
   • serves a copy on Drug Free Sport.
     
   The Tribunal may need to hold urgent proceedings to deal with this issue.
   
2. The applicant:
   • files the Application for Anti-Doping Rule Violation Proceedings (Form 1) (PDF, 456 KB) , accompanied by supporting documentation, with the Tribunal and
   • serves a copy of the Form 1 Application and documents on the defendant.
     
3. The Registrar acknowledges receipt of the application and advises the Tribunal that anti-doping proceedings have been commenced.
   
4. The defendant has 7 working days from receiving the Form 1 Application to respond. The defendant:
• files a Notice of Defence (Form 2) (PDF, 443 KB) with the Tribunal and
• serves a copy on the applicant
• serves a copy on the NSO.

This lets the Tribunal, the applicant and the NSO know whether the defendant wishes to:

• deny and defend that he or she committed an anti-doping violation
• admit that he or she committed an anti-doping violation but request that he or she be given the opportunity to make submissions on what penalty they should receive or
• admit that he or she committed the violation and advise that he or she does not want to participate in a hearing but acknowledges that the Tribunal may impose a penalty.

5. If the defendant does not file the statement of defence within this time, he or she is deemed to have waived their right to participate in a hearing.
   
6. The Tribunal may hold a pre-hearing conference to discuss what needs to be done leading up to the hearing.
   
7. Any further evidence or submissions, as required by the Tribunal, are provided before the hearing.
   
8. The hearing is held.
   
9. The Tribunal determines the proceedings, and decides any penalties or sanctions.