AFL ASADA Joint Investigation Framework

martin hardie made this Freedom of Information request to Australian Sports Anti-Doping Authority

The request was partially successful.

From: martin hardie

Delivered

Dear Australian Sports Anti-Doping Authority,

On 15 May 2014 the Age newspaper referred to a document that provided the framework for the so called AFL ASADA 'Joint Investigation'.

"Demetriou was right when he defended the so-called February 20 secret deal struck between ASADA and the Government, saying it provided simply a framework for the investigation and no guarantees. The document was certainly not watertight.
Some months later, the outgoing AFL boss said the joint investigation had provided a "template" for the handling of future anti-doping cases. It is unlikely he would be saying that now.”

http://www.theage.com.au/afl/afl-and-asa...

I seek a copy of the document and/or any other documents relating to the framework and terms of the joint investigation, including the negotiations between the AFL and ASADA, and the provision of the interim report to the AFL.

Yours faithfully,

Martin Hardie
School of Law
Deakin University
1 Gheringhap Street
Geelong
3220 Victoria

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From: Legal
Australian Sports Anti-Doping Authority

Dear Martin

My name is Alexie and I have been processing your FOI request. I have just tried to call you this morning but have been unsuccessful. I wonder whether you could call me on Monday to discuss the scope of your request.

Thanks in advance.

Kind regards
Alexie

Alexie Finucan
Lawyer
Australian Sports Anti-Doping Authority

T   +61 (0) 2 6222 4254
F   +61 (0) 2 6222 4341
E   [email address]

My days at work are Monday, Tuesday, Thursday, Friday

W  www.asada.gov.au
ASADA Hotline 13 000 ASADA (13 000 27232)
Please consider our environment before printing this email.

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From: martin hardie

Delivered

Dear Alexie,

Sorry I missed your call. I was in class teaching. I noticed I had a missed call but it was just the ASADA switchboard number so I didn't know who to speak to in particular.

I'll call Monday or you can call me.

Yours sincerely,

martin hardie

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From: Alexie Finucan
Australian Sports Anti-Doping Authority


Attachment Freedom of Information Response and Attachment A.pdf
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Attachment Schedule to Attachment A.pdf
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Attachment Attachment B.pdf
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Dear Mr Hardie

I attach correspondence from ASADA in relation to your FOI request.

Regards
Alexie

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From: martin hardie

Delivered

Dear Alexie Finucan,

Thank you for your reply and the letter from Mr Fitzgerald.

I am however unsure as to what investigative function Mr Fitzgerald is referring to in his letter when he states:

"When I refer to ASADA's investigative function, I am specifically referring to our function as outlined in
subsection 21(1)(h).of the ASADA Act."

The text of subsection 21(1)(h) does not relate to investigations but collecting, analysing, interpreting and disseminating information, which is surely a very different thing.

Furthermore from the outset ASADA has said it was investigating anti doping rule violations and hence the function being exercised was that conferred by the NAD Scheme pursuant to ss21(1)(b) and clause 3.27 of the NAD. It was in fact upon this basis that the relevant interviews took place in 2013. It was also upon this basis, ie as an ADRV investigation, that the various parties consented to be interviewed.

Is Mr Fitzgerald now suggesting that ASADA did not conduct an investigation into ADRVs in 2013 but was only collecting and disseminating information? If so when did the ADRVP investigation commence - after August 2013?

Furthermore, as you know ASADA has previously justified the release of information to the AFL by way of reference to its power in clause 4.21 of the NAD Scheme. Is Mr Fitzgerald now suggesting that ASADA wrongly claimed clause 4.21 as its source of power?

I look forward to your response to this. Once I have received that I will be in a better position to properly respond to the substance of your letter in which you have rejected my access to the documents set out in the schedule.

Yours sincerely,

Martin Hardie

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From: martin hardie

Delivered

Dear Alexie Finucan,

My reference to ADRVP in my last letter was meant to be ADRV. Apologies for the error!

Yours sincerely,

martin hardie

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From: Alexie Finucan
Australian Sports Anti-Doping Authority

Dear Mr Hardie

Thank you for your emails.

Whilst we consider that subsection 21(1)(h) of the Australian Sports Anti-Doping Act 2006 (Cth) (ASADA Act) is broad enough to encompass a power for the ASADA CEO to conduct investigations, we accept that there is an express power by virtue of subsection 21(1)(b) of the and clause 3.27 of the NAD scheme, as you have rightly pointed out, and that this is the more appropriate reference within the ASADA legislation for the purpose of our FOI decision.

We look forward to your further response.

Regards

Alexie Finucan
Lawyer
Australian Sports Anti-Doping Authority

T   +61 (0) 2 6222 4254
F   +61 (0) 2 6222 4341
E   [email address]

My days at work are Monday, Tuesday, Thursday, Friday

W  www.asada.gov.au
ASADA Hotline 13 000 ASADA (13 000 27232)
Please consider our environment before printing this email.

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From: martin hardie

Delivered

Dear Alexie Finucan,

Thanks for that. It is clear from all the ASADA public statements (eg http://www.asada.gov.au/media/organised_... this was an ADRV investigation and not one in relation to sport safety.

Yours sincerely,

martin hardie

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From: martin hardie

Delivered

Dear Alexie Finucan,

Given that a number of the documents in relation to the February - March 2013 framework negotiations are now in the public domain I would like to request that you reconsider your claim of exemption in respect of those and other related documents on the basis of s.37(2).

From what has already appeared in the public domain clearly these documents are not of the type referred to in that subsection.

Section 37 (2) relevantly refers to a document that would, or could reasonably be expected to prejudice the fair trial of a person or the impartial adjudication of a particular case; or disclose lawful methods for preventing investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or prejudice the maintenance or enforcement of lawful methods for the protection of public safety.

I look forward to you releasing these documents forthwith.

Yours sincerely,

Martin Hardie

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From: Alexie Finucan
Australian Sports Anti-Doping Authority

Dear Martin

 

It is ASADA’s interpretation of your email (specifically your subject
title and the substance) that you seek an internal review of Mr Stephen
Fitzgerald's decision of 16 June 2014, in accordance with the Freedom of
Information Act 1982 (Cth) (FOI Act).  I further confirm that you have
provided the following information as the grounds on which you consider
the decision should be reviewed. 

 

Your request for internal review (and the basis on which you request it)
will be processed under section 54C of the FOI Act.  Pursuant to
subsections 54C(2) and (3), a new decision maker will be arranged to
review the original decision and a 'fresh' decision will be provided to
you within 30 days of today's date. 

 

If you would like to provide any further information in relation to the
grounds on which you have requested this review (for example, the specific
documents to which you refer and the information in the public domain
which informs your view about these documents), please do so by 30 June
2014.

 

If you have any questions about the process, please contact me on the
below details.

 

Regards

Alexie

 

 

Alexie Finucan

Lawyer

Australian Sports Anti-Doping Authority

 

T   +61 (0) 2 6222 4254

F   +61 (0) 2 6222 4341

E   [1][email address]

 

My days at work are Monday, Tuesday, Thursday, Friday

 

W  [2]www.asada.gov.au

ASADA Hotline 13 000 ASADA (13 000 27232)

Please consider our environment before printing this email.

 

 

 

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From: martin hardie

Delivered

Dear Alexie Finucan,

In the first place please find a link to some of the documents in the list provided to me in response to my FOI application and which you claim s37(2) exemption that have been published today by the Australian newspaper: http://t.co/w4ckWNDkdA .

Yours sincerely,

martin hardie

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From: Alexie Finucan
Australian Sports Anti-Doping Authority

Dear Mr Hardie

 

Thank you for providing further information in relation to your grounds
for seeking an internal review under the Freedom of Information Act 1982
(Cth).  This information will be forwarded to the new decision maker for
consideration when conducting his internal review of your matter.

 

Should you have any further information you would like to provide, please
do so by 30 June 2014 (as previously advised).

 

Regards

Alexie

 

 

Alexie Finucan

Lawyer

Australian Sports Anti-Doping Authority

 

T   +61 (0) 2 6222 4254

F   +61 (0) 2 6222 4341

E   [1][email address]

 

My days at work are Monday, Tuesday, Thursday, Friday

 

W  [2]www.asada.gov.au

ASADA Hotline 13 000 ASADA (13 000 27232)

Please consider our environment before printing this email.

 

 

 

 

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From: Alexie Finucan
Australian Sports Anti-Doping Authority

Dear Mr Hardie

 

We refer to your request for an internal review of ASADA’s decision under
the Freedom of Information Act 1982 (Cth) dated 24 June 2014.

 

We are currently processing your internal review application.  However, it
has become apparent that ASADA will require more time to consider your
request.  Taking into consideration the amount of material (some 99
documents) and the higher than usual workload ASADA is currently
experiencing, we seek your agreement to a 30 day extension in order to
give us sufficient time to properly consider your grounds for review. 

 

If you could please let us know by COB Tuesday, 22 July 2014 if you agree
to this extension, noting that the due date for ASADA’s decision is
Thursday, 24 July 2014.

 

Please do not hesitate to contact me if you have any questions or if you
would like to discuss.

 

Kind regards

 

Alexie

 

 

 

Alexie Finucan

Lawyer

Australian Sports Anti-Doping Authority

 

T   +61 (0) 2 6222 4254

F   +61 (0) 2 6222 4341

E   [1][email address]

 

My days at work are Monday, Tuesday, Thursday, Friday

 

W  [2]www.asada.gov.au

ASADA Hotline 13 000 ASADA (13 000 27232)

Please consider our environment before printing this email.

 

References

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2. http://www.asada.gov.au/blocked::http://...
http://www.asada.gov.au/

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From: Alexie Finucan
Australian Sports Anti-Doping Authority

Dear Martin,

 

I am away from the office tomorrow and wonder whether you could copy Legal
at ASADA ([1][ASADA request email]) into any response you provide in relation
to my below email. 

 

Thank you in advance.

 

Regards

Alexie

 

 

Alexie Finucan

Lawyer

Australian Sports Anti-Doping Authority

 

T   +61 (0) 2 6222 4254

F   +61 (0) 2 6222 4341

E   [2][email address]

 

My days at work are Monday, Tuesday, Thursday, Friday

 

W  [3]www.asada.gov.au

ASADA Hotline 13 000 ASADA (13 000 27232)

Please consider our environment before printing this email.

 

 

 

From: Alexie Finucan
Sent: 21 July 2014 3:31 PM
To: martin hardie ([FOI #618 email])
Subject: TRIM: Request for internal review [SEC=UNCLASSIFIED]

 

Dear Mr Hardie

 

We refer to your request for an internal review of ASADA’s decision under
the Freedom of Information Act 1982 (Cth) dated 24 June 2014.

 

We are currently processing your internal review application.  However, it
has become apparent that ASADA will require more time to consider your
request.  Taking into consideration the amount of material (some 99
documents) and the higher than usual workload ASADA is currently
experiencing, we seek your agreement to a 30 day extension in order to
give us sufficient time to properly consider your grounds for review. 

 

If you could please let us know by COB Tuesday, 22 July 2014 if you agree
to this extension, noting that the due date for ASADA’s decision is
Thursday, 24 July 2014.

 

Please do not hesitate to contact me if you have any questions or if you
would like to discuss.

 

Kind regards

 

Alexie

 

 

 

Alexie Finucan

Lawyer

Australian Sports Anti-Doping Authority

 

T   +61 (0) 2 6222 4254

F   +61 (0) 2 6222 4341

E   [4][email address]

 

My days at work are Monday, Tuesday, Thursday, Friday

 

W  [5]www.asada.gov.au

ASADA Hotline 13 000 ASADA (13 000 27232)

Please consider our environment before printing this email.

 

References

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1. mailto:[ASADA request email]
2. mailto:[email address]
3. http://www.asada.gov.au/blocked::http://...
http://www.asada.gov.au/
4. mailto:[email address]
5. http://www.asada.gov.au/blocked::http://...
http://www.asada.gov.au/

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From: martin hardie

Delivered

Dear Alexie Finucan,

Thank you for your letter regarding ASADA's request for an extension of time because of the higher than usual workload your are currently experiencing.

I am sorry but given my previous experience with the the Authority in other matters and the manner in which you have dealt with and enforced time limits in a manner contrary to the Commonwealth's Model litigant Guidelines I find it hard to agree to your request.

I presume that your workload is higher than normal at the moment as a result of the various legal challenges to the investigation to which my request relates. I have heard Counsel for ASADA make similar statements in the Federal Court in recent times. I note that the Court did not seem to think that your higher than normal workload was a relevant consideration.

As you know I have made this request for academic writing and research purposes, nevertheless I note that you wish to delay the internal review until after the completion of the hearing in the above mentioned Federal Court proceeding. Again I do not believe that if this is the reason you seek to delay that this is a relevant consideration. However, in respect of that I do note that one of your Counsel in that case has made comments to me directly suggesting that in someway my request is related to that proceeding. I take issue with this.

But in any event I am not prepared to consent to your request for further time.

best regards

Martin Hardie

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From: Alexie Finucan
Australian Sports Anti-Doping Authority

Dear Mr Hardie

 

We advise that the Office of the Australian Information Commissioner has
granted ASADA an extension of time to process your internal review under
the Freedom of Information Act 1988 (Cth).   ASADA must now take all
reasonable steps to provide you with the Internal Review decision by close
of business on Monday, 25 August 2014.

 

Should you have any questions please contact me on the below details.

 

Kind regards

Alexie

 

Alexie Finucan

Lawyer

Australian Sports Anti-Doping Authority

 

T   +61 (0) 2 6222 4254

F   +61 (0) 2 6222 4341

E   [1][email address]

 

My days at work are Monday, Tuesday, Thursday, Friday

 

W  [2]www.asada.gov.au

ASADA Hotline 13 000 ASADA (13 000 27232)

Please consider our environment before printing this email.

 

References

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From: Alexie Finucan
Australian Sports Anti-Doping Authority

Dear Mr Hardie

 

I note that we intended to provide you with your Internal Review decision
by COB today. 

 

Unfortunately, we are not in a position to provide you with that
decision.  However, we will endeavour to provide it to you as soon as
possible. 

 

I note that we have informed the Office of the Australian Information
Commission that we were unable to meet the deadline.  We apologise for any
inconvenience.

 

Please contact me if you have any questions.

 

Kind regards

Alexie

 

 

Alexie Finucan

Lawyer

Australian Sports Anti-Doping Authority

 

T   +61 (0) 2 6222 4254

F   +61 (0) 2 6222 4341

E   [1][email address]

 

My days at work are Monday, Tuesday, Thursday, Friday

 

W  [2]www.asada.gov.au

ASADA Hotline 13 000 ASADA (13 000 27232)

Please consider our environment before printing this email.

 

References

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From: Alexie Finucan
Australian Sports Anti-Doping Authority


Attachment Internal Decision Letter.pdf
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Attachment Schedule to Letter.pdf
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Dear Mr Hardie,

 

Please see attached.

 

Kind regards

Alexie

 

Alexie Finucan

Lawyer

Australian Sports Anti-Doping Authority

 

T   +61 (0) 2 6222 4254

F   +61 (0) 2 6222 4341

E   [1][email address]

 

My days at work are Monday, Tuesday, Thursday, Friday

 

W  [2]www.asada.gov.au

ASADA Hotline 13 000 ASADA (13 000 27232)

Please consider our environment before printing this email.

 

References

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