Inside sports law: Blog

This blog is the latest in a series of articles discussing the rising need for investigations in sport and sets out the key considerations required when dealing with a regulatory body throughout an investigation.

The establishment of the National Sports Tribunal (NST) was a recommendation contained within the Report of the Review of Australia’s Sports Integrity Arrangements (Wood Review).

Brazilian football clubs have been the subject of increased investment following the introduction of a new law last year. Law No.14,193 of 6 August 2021 follows the “PROFUT Law” (Law No. 13,15/15) in attempting to increase investment in Brazilian football following a period of rising debt among many clubs.

The success and long term financial viability of sporting competitions in Australia rely on an even competition between participants to ensure the uncertainty of outcome. A key strategy used to achieve this is by restricting the labour market. Two of the prominent examples utilised by the Australian Football League (AFL) are the national draft system and the salary cap. In essence, these mechanisms limit player movement and places a maximum on the amount that can be spent on player wages.

Now, more than ever, sports clubs have to be able to effectively investigate historical and contemporary allegations of all kinds of improper conduct.

The use of video assistant referee technology (“VAR”) has become commonplace in the global football landscape. VAR allows referees to use enhanced video review to determine if a call made on the field was correct or incorrect.

The challenging economic environment faced by many Australian sporting organisations has resulted in senior management and directors having to pay greater attention to ensure sound financial management.

Internal investigations are often conducted by heavily regulated companies, such as banks or listed companies, when they face allegations of improper conduct or in response to a whistleblowing report.

The Court of Arbitration for Sports (CAS) was set up in 1984 by the International Olympic Committee (IOC) to provide a neutral means to resolve disputes arising out of sports. As sport has grown, along with the industry around it, CAS has developed into the pre-eminent institution for sports arbitrations, handling 957 cases in 2020.

Football Australia’s Domestic Transfer System White Paper (White Paper) is set to change the face of the Australian football market.