Facts
The Australian Football League alleged that 34 athletes and support persons of the Essendon Football club may have used prohibited substances and may have been engaged in prohibited methods.
Considerations tribunal
At a Directions Hearing held on 18 November 2014, an issue was raised as to whether hearings of the Tribunal in this matter should be in private or in public. Submissions were made as to the decision that should be made. Under the AFL Rules and Code, the decision is to be made by the Tribunal Chairman. After weighing in the balance all the relevant circumstances, considerations and factors, the public interest in preserving and protecting the privacy and private and personal information of the players outweighs the public interest in the public receiving information presented to the hearing. I am satisfied that the only way their privacy and private and personal
information can be preserved and protected is by the hearing being conducted in private. A private hearing is required. Further, a private hearing minimizes the defamation risk for the participants in the hearing. It facilitates the availability of witnesses to give evidence and
eliminates any complications that might otherwise arise under the Australian Sports Anti-Doping Authority (ASADA) Act or the Privacy Act.
Decision
A private hearing is required.
