Tim Fuller - a former Gold Coast and South Sydney Rabbitohs rugby league star - of Walsh Halligan Douglas Lawyers said the year-long Australian Crime Commission (ACC) probe has revealed the ‘long and dark’ history of doping in Australian sport, reports Lawyers Weekly.

Liability issues

The report alleges that the use of banned drugs had been ‘orchestrated and condoned’ by many of those involved across several sporting codes.
‘What gets lost in the wash-up of all this is the role of the employers: the clubs … and the liability they potentially face,’ said Mr Fuller. ‘When you’ve got a club that has employed a nutritionist or sport scientist who has embarked on a program within the workplace, and all players have been given directive to take a particular supplement or partake in a particular program, ultimately I think there’s considerable liability issues for the club as the employer.’

Sports scientists

Under current legislation the players are ultimately responsible for the supplements they take, and can be sanctioned under the strict liability rule enforced by the World Anti-Doping Agency if tested positive.
However, the report alleges that in some cases entire teams were under the rule of sports scientists, which could lead to players querying their employers’ duty-of-care.
‘When employers breach their duty-of-care to their employees within the workplace by implementing these types of programs, where players are directed to participate, there’s going to be issues,’ Mr Fuller added.