Summary of recommendations

Page last updated: 01 November 2013

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Chapter 3—Governance of Cycling Australia

3.1 Upgrading governance structure

3.1.1 Cycling Australia (CA) move as soon as practicable to incorporate under the Corporations Act 2001 (Cth) as a company limited by guarantee, consistent with the Australian Sports Commission's (ASC) Sports Governance Principles.

3.1.2 In the event of CA retaining its status as an incorporated association, an independent review be conducted of its Constitution and By-laws to ensure that it has a governance structure that is appropriate for its objectives and for the constituent associations and individual members whom it represents.

3.1.3 CA establish a Women's Commission or similar advisory body, to be chaired by a member of the Board.

3.1.4 CA make arrangements to provide active assistance for the Athletes' Commission and the Women's Commission (if created) so as to allow them more effectively to have the views of riders engaged in the sport taken into account by the Board and management of CA.

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3.2 Integrating national cycling bodies

3.2.1 CA, Bicycle Motocross Australia (BMXA) and Mountain Bike Australia (MTBA) proceed to integrate to a single governance structure to centrally oversee operations for all disciplines at a national level as soon as possible.

3.2.2 For this purpose BMXA and MTBA be given constituent member status.

3.2.3 The ASC take a proactive role in facilitating this integration and advising on appropriate governance reform.

3.2.4 Consideration be given to the development of a longer term plan for further integration of the sport of cycling using a staged approach.

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3.3 Adopting a Declaration Policy

3.3.1 CA introduce a Declaration Policy which would incorporate features outlined in paragraph 3.92.

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3.4 Strengthening Boards and Commissions

3.4.1 An independent review be undertaken to reach an agreed governance structure before establishing a company limited by guarantee, to enable the integration of BMXA, MTBA and CA.

3.4.2 CA constitute an audit committee, that will include at least one external and independent Certified Practising Accountant and its Chief Operating Officer (or equivalent).

3.4.3 CA introduce a process for the periodic assessment of the performance of the Board.

3.4.4 CA immediately increase the number of independent Directors from two to four in parallel with the broader governance initiatives.

3.4.5 CA arrange for Directors to participate in the Australian Institute of Company Directors course.

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3.5 Establishing an Integrity Unit

3.5.1 CA establish a dedicated Integrity Unit with responsibility for ensuring the application of CA's Anti-Doping Policy, its Codes of Conduct and the Illicit Drugs in Sport (IDIS) program.

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3.6 Co-locating administrative and commercial offices

3.6.1 CA consider co-locating their administrative and commercial functions, subject to a costbenefit analysis.

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3.7 Improving links between commercialisation activities and cycling stakeholders

3.7.1 CA continue to participate in the Grass Roots joint venture and ensure that it continues to be efficiently managed in CA's interest and in a way that enhances its relationships with the constituent associations.

3.7.2 Consultation take place between CA and the state/territory associations in developing a national calendar of events and in ensuring that there is an equitable division or partnership in event allocation so as to advance the interests of the associations and the sport of cycling as a whole.

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Chapter 4—Anti-doping strategies

4.1 Building anti-doping accountability and networks

The CA Board place a greater focus on the enforcement of its anti-doping code through strategies including:

4.1.1 Establishing, as a standing agenda item for Board meetings, a report from the proposed Integrity Unit that will deal with anti-doping developments and challenges occurring both in Australia and overseas.

4.1.2 Ensuring that active steps are taken to proactively exchange information with the Australian Sports Anti-Doping Authority (ASADA) in relation to possible areas of concern involving doping.

4.1.3 Establishing closer links with the state/territory associations, the Union Cycliste Internationale (UCI) and the Oceania Cycling Confederation, as well as with peak cycling organisations in other countries that have adopted a strong anti-doping stance, including in particular British Cycling.

4.1.4 Establishing a closer working relationship with the Australian Drug Foundation in order to develop a community drug and alcohol education strategy that could assist in limiting substance abuse problems amongst cyclists.

4.1.5 Preparing a more comprehensive Code of Conduct for members, incorporating relevant sections of the draft Code that is intended to apply to employees, Board members and contractors, and incorporating compliance with CA's Anti-Doping Policy and the proposed Declaration Policy.

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4.2 Establishing an Ethics and Integrity Panel

CA amend its Constitution in order to:

4.2.1 Establish an Ethics and Integrity Panel, with terms of reference approved by the Board, with the function of considering and reporting to the Board appropriate recommendations concerning doping, disciplinary, member protection, and other ethical and integrity issues arising under CA's Codes of Conduct and Anti-Doping Policy.

4.2.2 Make provision for the regulation of proceedings brought before the Panel, including an avenue for appeal.

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4.3 Improving anti-doping education

CA, with the assistance of ASADA, review its education programs and develop an Education Plan so as to:

4.3.1 Ensure that they comply with contemporary communication and learning standards and provide the information that needs to be known, dependent on the category of people to whom they are directed.

4.3.2 Disseminate in a timely way updates in relation to developments concerning prohibited substances and methods, supplement use and other matters of relevance to the national anti-doping (NAD) scheme.

4.3.3 Develop ways of disseminating anti-doping education to a wider audience, in conjunction with state/territory associations, MTBA, BMXA and cycling clubs.

4.3.4 Maintain a record of education compliance by athletes attached to CA programs and of the delivery of education programs generally.

4.3.5 Impose compliance with CA's anti-drug educational requirements as a condition for inclusion as an athlete in a national team or of coach accreditation.

4.3.6 Maintain a record of the delivery of education for inclusion in its Annual Report.

4.3.7 Make provisions for CA, in conjunction with ASADA, to assess and report annually to the ASC on CA's delivery of anti-doping education against the Plan.

4.3.8 Encourage senior riders to attend camps and group seminars involving young riders to provide a firsthand account of the way in which the testing regime applies and of the need to ride clean.

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4.4 Supplements

4.1 CA introduce its own supplements policy that would: Reinforce the Australian Institute of Sport Policy. Encourage coaches and medical and sports science staff to actively promote the benefits of nutrition and training in preference to reliance on supplements. Require athletes in high performance and development programs to report information electronically on a quarterly basis in relation to the supplements that they have been using, their source and the reasons for their use, with such information to be maintained on a register that would be accessible by medical and sports science staff.

4.4.2 Relevant agencies should consider opportunities to inform athletes and the broader community of the potential presence of banned substances in sport supplement products.

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4.5 Strengthening identification and reporting of possible doping activity

CA establish a policy that would:

4.5.1 Include a protocol for the identification by coaches and sport support personnel of the warning signs that might indicate that an athlete was engaging in doping activity, and identify a line of authority for reporting such a matter.

4.5.2 Provide that a failure to report will constitute a breach of CA's Code of Conduct in circumstances where the coach or sport support personnel has a belief, based on reasonable grounds, that an athlete attached to a CA program or team has engaged in doping activity.

4.5.3 Provide sanctions for an athlete, coach or sport support person who refuses to cooperate with an ASADA investigation.

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4.6 Extending the reach of testing

CA give consideration to:

4.6.1 Supporting an extension of the reach of testing, on both a random and targeted basis, to selected events at club, state/territory and Masters level (road, track, mountain bike and BMX) and providing modest funding for that purpose.

4.6.2 Engaging with the UCI to ensure that the cost of delivering doping control does not cause promoters to withdraw races from the sanctioned list of events.

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4.7 Helping the transition of riders to professional teams

4.7.1 CA develop a program whereby senior Australian professional riders and coaches can assist in securing the placement of young Australian riders entering the professional ranks into appropriate teams, and in providing mentoring and advice during their period of transition.

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4.8 Supporting athletes

CA give consideration to developing a policy whereby support can be given to:

4.8.1 Athletes in programs and on national teams in accessing educational and vocational training opportunities for a life after sport.

4.8.2 Athletes who are sanctioned for an anti-doping rule violation (ADRV) or for other forms of misconduct, including the provision of counselling and assistance with rehabilitation.

4.8.3 Athletes and others who provide information on doping activity pursuant to a whistle-blower protocol.

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4.9 Sanctions and the Declaration Policy

4.9.1 CA develop, in consultation with the ASC, a process for dealing with cases where a person subject to its Declaration Policy refuses to provide a declaration, provides a declaration that is subsequently found to be untrue, or discloses a history of doping activity that falls outside the ASADA limitations period.

4.9.2 In addition to the sanction regime under the World Anti-Doping Code for ADRVs, CA develop and promulgate a clear and robust sanction regime for breaches of its Declaration Policy and its Anti-Doping Policy that provides a high level of deterrence and is proportionate to the particular breach.

4.9.3 To accommodate this process, CA introduce suitable amendments to its By-laws (or Constitution if incorporated as a company limited by guarantee), Anti-Doping Policy, Codes of Conduct and standard letters of engagement for employment of employees, contractors and officials.

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4.10 Strengthening the Australian Sports Anti-Doping Authority

In regard to ASADA's intelligence and investigation function and ASDMAC's TUE process, the ASADA Act and other relevant legislation be amended to:

4.10.1 Give ASADA a power, subject to appropriate protections, to compel persons to attend an interview with an investigator nominated by the Chief Executive Officer and to produce information and documents relevant to any inquiry that it is conducting under the NAD scheme.

4.10.2 Allow the dissemination of information obtained under compulsion to other agencies or authorities within the national and international anti-doping framework, as well as to the relevant national sporting organisation and the Anti-Doping Rule Violation Panel (ADRVP).

4.10.3 Remove any limitations on the powers of law enforcement and other federal statutory bodies to disseminate information to ASADA concerning the importation, purchase, receipt, transmission, possession or use of substances on the World Anti-Doping Agency (WADA) list of prohibited substances, following a request by ASADA based on a reasonable belief that they have been or may be associated with a possible breach of the NAD scheme.

4.10.4 Provide for the establishment of an independent review panel with the function of reviewing, based on the documents, any application by an athlete for a review of a refusal by Australian Sports Drug Medical Advisory Committee (ASDMAC) to grant a therapeutic use exemption (TUE).