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Recent documents in Sports Law eJournal

Last Build Date: Thu, 19 Oct 2017 19:50:23 PDT

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Securing Health and Safety at Major Sporting Events

Mon, 22 Aug 2016 16:43:46 PDT

This article examines the duties and responsibilities owed by persons involved with organising and staging major sporting events under Australian workplace health and safety (WHS) laws. While WHS laws focus primarily on the health and safety of workers, they also have a very broad public safety component. This examination reveals multiple actors involved with major sporting events owe broad, concurrent, overlapping and non-delegable WHS duties. The duties appear to impose onerous obligations on event organisers to ensure the safety of work undertaken by expert contractors they engage. On closer examination, however, the duties form part of a larger legislative scheme that allocates risk management responsibilities amongst persons involved with major sporting events.

Match and spot fixing: Challenges for the International Cricket Council

Wed, 11 Nov 2015 20:39:34 PST

Cricket is a sport that has been affected by both match and spot fixing over the last decade or so, with the former South African captain, Hansie Cronje and New Zealander, Lou Vincent, having admitted to be. Another New Zealander, Chris Cairns, is now facing perjury charges arising from his evidence at a defamation trial in which he denied being involved in fixing. Spot fixing was established against three Pakistan players during the 2010 tour of England that led to jail terms after the players failed to have their verdicts overturned in R v Amir and Butt [2011] EWCA Crim 2914. It also involved appeals to the Court of Arbitration for Sport (CAS) after the players received lengthy bans from the International Cricket Council (ICC).CAS upheld these bans in CAS2011/A/2364 Salman Butt v ICC and CAS2011/A/2364 Mohammad Asif v ICC. Questions arise. Were there other incidents and why were these players more prone to approaches by bookmakers – perhaps it is because players are some of the lowest paid in international cricket? This raises the issue whether the International Cricket Council (ICC) should consider establishing a ‘minimum wage’ for international cricketers. These incidents highlight that cricket, like other sports, must remain vigilant to the threat of matches being affected by match and spot fixing. The ICC has formed an Anti-Corruption and Security Unit (ACSU) and created an Anti-Corruption Code, in efforts to deal with these problems.

Complex rules and inconsistent interpretation: Duty of care and causation in collision sports

Wed, 11 Nov 2015 15:45:52 PST

In some sports, especially collision games such as rugby, well-intentioned rules, crafted to make the game safer, are being enforced as absolute liability offences. This article argues that an absence of fault stance should be adopted, to allow breaches of some safety rules to be adjudged as strict liability rather than absolute liability offences. If absolute liability is pursued regardless of fault, the coherence and welfare objectives of those safety rules are compromised. Indeed, the long-term viability of collision sports may become questionable.

Professional sport, work health and safety law and reluctant regulators

Mon, 24 Aug 2015 20:48:25 PDT

Workplace health and safety (WHS) regulators have been reluctant to investigate professional sports for breaches of WHS law. Using the Essendon Football Club supplements saga as its primary case study, this article explores this reluctance. It concludes that while aspects of the sporting endeavour justify a pragmatic application of WHS laws, professional sport should not be above and beyond WHS laws and regulators. The reasoning behind WHS regulators’ decisions not to investigate potential WHS breaches in professional sport should be more transparent.

The union of European football association’s club licensing and financial fair play regulations - are they working?

Tue, 18 Aug 2015 15:55:27 PDT

Good governance of sport is of the highest importance, particularly in professional team sports, which require large expenditure to maintain a club’s position in a league. This has led to a number of clubs, such as Portsmouth in the English Premier League, being forced into administration. Furthermore, the Global Financial Crisis has emphasised the need for more appropriate and robust corporate governance, including for sporting bodies. The Union of European Football Association (UEFA), under its president, Michel Platini, has introduced Club Licensing and Financial Fair Play Regulations. They aim to bring greater security and financial viability to the management of European football. These Regulations focus on the non-payment of liabilities to other clubs, employees, and players, and the break-even requirement. These changes emphasise the need for European football clubs to meet their financial commitments in a timely manner and operate their clubs within their income revenue, rather than from loans or investments from wealthy club patrons or owners. The regulations seek to bring financial integrity and stability to European football. The Regulations seem to have achieved this and have generally been accepted by the clubs, but they are under legal challenge before the European Court. Meanwhile, the use of the Regulations in Australia would not be appropriate, as Australian sports, including football, have developed indirect means of curbing the financial spending of clubs through the use of salary and transfer fee caps.

Copyright and Sport Broadcasting in Australia and England

Sun, 22 Feb 2015 19:46:12 PST

Television rights are an essential component of the revenue generated by professional sporting leagues, and protecting the copyright in the broadcasting of matches is therefore of significant importance to these leagues. A Federal Court decision has held that there had been in breach of copyright when Optus allowed its mobile phone users to access matches on a two minute delay. However, European and English Courts have held that the plaintiff’s copyright only existed in the anthem, graphics and recorded highlights, not in the actual matches.

Constitutional Dimensions of Sport in Greece

Wed, 18 Feb 2015 17:16:37 PST

Sports play an important role within development of personality and society in general. Affirming this importance, the Constitution of Greece acknowledges the right to sports as a fundamental right. Furthermore, in certain cases, this may lead to restriction of other fundamental rights guaranteed in the Constitution, in favour of sports. Issues arise regarding those restrictions and the necessity of recognition of sports in the highest level within the legal system of a country, the Constitution.

Criminal liability of sports participants for sports-related injuries in the Czech Republic

Mon, 12 Jan 2015 16:27:37 PST

This discussion of the liability of sports participants for sports-related injuries in the Czech Republic deals with the issue of criminal liability. The author has published a matching article on civil liability.

Civil liability of sports participants for sports-related injuries in the Czech Republic

Wed, 07 Jan 2015 22:37:30 PST

This article concerns legal liability of sports participants for sports-related injuries and the approaches adopted by different jurisdictions. In particular, it discusses the Czech Republic’s approach to incidents where a person participating in sports causes injury to another participant. This issue has only recently become the subject of serious study and analysis in the Czech Republic.

Maintaining the integrity of the AFL's draft and salary cap systems

Wed, 07 Jan 2015 22:25:34 PST

To retain the integrity of its draft and salary cap systems it is essential that the AFL provided suitable penalties for recent breaches of both systems. While COLA has been viewed by its critics as providing the two Sydney clubs additional money under the their salary caps, a suggested compromise is to keep the allowance for players on the lower end of the AFL salary scale, but phase it out for those on the higher salaries.