Sport Integrity Review Discussion Document Summary An overview of the content of the discussion document 30 October 2018
Why are we reviewing sport integrity? New Zealanders like to think we have a reputation for good sporting behaviour we play hard, but fair. We strive to uphold the values of sport, whether celebrating Olympic gold, or supporting participation. This love of sport provides many benefits for individuals, communities and the nation, and because of that, sport is highly valued. However, the integrity of sport is increasingly threatened both globally and here in New Zealand by issues such as match-fixing, corruption, doping, and abusive behaviour. While New Zealand has various initiatives in place to protect and promote the integrity of sport, the current environment indicates a review is needed to determine whether these measures are enough. The first phase of the review will assess the current environment, identify priority areas where current policies and protections may be insufficient, and gather evidence to support future interventions. Sport NZ is seeking your input to help us understand the sport integrity landscape in New Zealand. The discussion document seeks public feedback on six areas Each of the following six areas is considered in a chapter of the discussion document: Organisational culture, whistleblowing and the institutional arrangements for sport integrity in New Zealand issues that cut across the next five sport integrity topic areas. Member protection ensuring those involved in sport are not subject to harassment, bullying and abuse, and are physically and mentally safe Integrity issues in children s sport ensuring children involved in sport are protected from abuse, that the focus is on enjoyment rather than winning, and the changing environment within secondary school sport Anti-doping the use of prohibited substances (colloquially referred to as performance and image enhancing drugs) in contravention of the World Anti-Doping Code Protecting against corruption fraud, bribery, bid rigging and other dishonest behaviours intended to achieve personal gain by manipulating an outcome Protecting against match-fixing action to inappropriately predetermine the result of a match, or part of a match, for gambling purposes. The document sets out the current arrangements relevant to each topic and asks questions about how those arrangements are working. We want to understand the size and nature of any risks and issues with sport integrity in New Zealand. Feedback from the public plays an important contribution to this end. More information on each of the six areas is provided below. Tips for submitting There are three ways to submit: fill out the survey which seeks your responses to the questions in the discussion document the survey allows for anonymous submissions to be made email a submission to integrityreview@sportnz.org.nz post a submission to: 2
Sport Integrity Review PO Box 2251 Wellington 6140 New Zealand When preparing your submission, please: direct your comments to specific questions in the discussion document include as much data and as many specific details as possible to back up your submission. Chapter 1: Organisational culture, whistleblowing, and the institutional arrangements for sport integrity in New Zealand In preparing this document we found a number of themes that cut across the five areas this document considers individually. This chapter considers these cross-cutting matters in four sections: the structures and drivers that make the sport sector unique the importance of having a culture within sports organisations and sports themselves that does not facilitate sport integrity breaches the importance of facilitating speak up culture, whistleblowing and reporting of integrity breaches the overall institutional arrangements for sport integrity in New Zealand. Chapter 2: Member protection This chapter covers the aspects of sport that impact on physical and mental health and safety. It is set out in three sections: physical health and safety on the field misconduct and inappropriate behaviour, including on-field conduct; harassment, abuse and bullying; harmful digital communications; abuses of power; and negative sideline behaviour the obligations some sport organisations face under the Health and Safety at Work Act 2015. Chapter 3: Integrity issues in children s sport Integrity issues in children s sport extend beyond member protection for younger members. This chapter considers the policies and procedures in place to ensure the sporting environment accounts for the vulnerabilities and needs of children, and the corresponding risks. It considers the role adults play in creating the environment in which children play sport. This chapter is written in two parts which reflect different themes. Part A is about protecting children from verbal, physical and sexual abuse. It focuses on the protocols suggested in the Sport NZ guidance document, Safe Sport for Children, and the legislation that protects against child abuse. As noted elsewhere in this document, large scale child abuse has occurred within sport organisations, enabled by cultures that protected it. This is completely unacceptable. Part B considers the risks to sport integrity that arise when winning is prioritised over participation and fun. An undue focus on winning by parents, caregivers, coaches and others can lead to negative behaviours, including hurtful comments, unequal participation, favouritism and overtraining. Any of these negative behaviours can harm a child and may discourage them 3
from participating in sport. Part B also considers secondary school sport, where increased professionalisation and commercialisation are creating new threats to sport integrity. Chapter 4: Anti-doping Doping refers to the use of drugs or methods prohibited by the World Anti-Doping Agency to gain an unfair advantage within sport. A range of drugs are prohibited, including steroids, stimulants, hormones and beta blockers. Prohibited methods include blood transfusions and gene doping. We are also interested in preventing other forms of cheating related to doping, like tampering with samples and supplying prohibited substances. Doping poses a direct threat to the integrity of sport and the fundamental principle of fair play by allowing athletes to gain an unfair advantage and circumvent hard work and training discipline. Doping can also pose a significant health risk to the individuals involved, including addiction or death in some cases. This chapter is set out in two parts. Part A considers the institutional infrast ructure for antidoping, i.e. the World Anti-Doping Agency (WADA) framework that governs anti-doping efforts around the world, including the World Anti-Doping Code the way the WADA Code is implemented in New Zealand by Drug Free Sport New Zealand (DFSNZ) and the Sports Anti-Doping Rules (SADR) the activities undertaken by DFSNZ to counter doping and promote clean sport and the resourcing of DFSNZ to undertake its activities the role of other organisations including the New Zealand Sports Tribunal, New Zealand Rugby Judicial Committee, Medsafe and the Police. Part B considers aspects of the current anti-doping environment, i.e. datasets that hold some clues as to the prevalence of doping in New Zealand the risks of supplements and sports foods containing prohibited substances the therapeutic use exemption (TUE) regime. New Zealanders don t put up with dopers. We need your help to understand the prevalence of doping in New Zealand and the effectiveness of the measures to counter it. Chapter 5: Protecting against corruption There is no legally binding definition of corruption in New Zealand. Transparency International defines corruption as the abuse of entrusted power for private gain. 1 The Serious Fraud Office references a definition from the Asia Development Bank, which defines corruption as: "Behaviour on the part of officials in the public or private sector in which they improperly and unlawfully enrich themselves or those close to them, or induce others to do so, by misusing the position in which they are placed". 2 In sport this could manifest as: 1 https://www.transparency.org/what-is-corruption 2 https://www.sfo.govt.nz/what-fraud-is-and-what-we-do 4
administrators taking bribes to ensure an off-field outcome, e.g. a city gets to host an event, a company gets broadcasting rights, or a team procures its uniform from a company administrators embezzle the funds belonging to an organisation club owners and agents demand kickbacks for securing player transfers a bribe being paid to cover up another breach of sport integrity a sports business being used as a front for illicit activity, e.g. money laundering. Match-fixing can be considered a form of corruption but is important enough to be considered separately. This chapter is presented in 6 sections which cover: the risks to New Zealand from corruption, including from overseas corruption in international sport organisations, including those New Zealand engages with corruption in New Zealand sport, including examples of where it has occurred in the past and the laws that protect against corruption the obligations of incorporated societies and sports charities that protect against corruption, given the prevalence of these types of organisations in the sports sector the protections against corruption provided by robust, transparent governance the protections that ensure transparent government. Chapter 6: Protecting against match-fixing Match-fixing involves improperly influencing the overall result, or part of, a sports match, game, race or event for financial or personal benefit, rather than for tactical sporting reasons. This review only considers sport, but match-fixing is a criminal offence in both sport and animal racing. This chapter is arranged in four sections: the environmental factors that increase the risk of match-fixing and the way these are reflected in New Zealand examples of match-fixing from overseas the current protections in place in New Zealand, including section 240A in the Crimes Act which makes match-fixing a criminal offence, the New Zealand Policy on Sports Match-Fixing and Related Corruption, NZOC s Integrity Regulation, and actions taken by the New Zealand Racing Board for context only, some brief comments on New Zealand s commitments at the London Anti-Corruption Summit and some context on the Macolin Convention. 5