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Stella Fiolka

on 15 October 2014

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Transcript of SPORTS LAW

laws and acts created in sport law.
conflicting attitudes.
dispute resolution.
negligence law and sport.
Contemporary issues in Sport Law
-sexual discrimination
-racial discrimination
-racial vilification
-disrcrimination of disability or impairment
-pregnancy discrimination

- communicating untrue statements that damage a persons good reputation
-Defamation Act
-civil liability
-sponsorship agreements
-employment contracts and sport
-contemporary issues regarding drug laws
-Australian Sport Commisio (the central administrative and advisory body)
-World Anti-Doping Agency (publish a list of prohibited in sport)
-Australian Sports Anti-Doping Authority

- a duty of care for sports people
-vicarious liability and sport
-tort of negligence
-sporting tribunals
-traditional courts
-Court of Arbitration for Sport
Defamation Act 2005
Australian Sports Anti-Doping Authority Act 2006
Australian Sports Commission Act 1989
The Racial Discrimination Act 1997
The Racial and Religious Tolerance Act 2001
Equal Opportunity Act 1995
Charter of Human Rights and Responsibilities Act 2006

( Legislative Act for Defamation-> http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/LTObjSt6.nsf/DDE300B846EED9C7CA257616000A3571/914CDF12A4D3CDAACA2578B60015A2D9/$FILE/05-75aa003%20authorised.pdf) 8:15 30/09/14
( Australian Anti-Doping Authority Act -> http://www.comlaw.gov.au/Details/C2013C00512/Html/Text#_Toc366672296) 8:16 30/09/14
( Australian Sports Commission -> http://www.comlaw.gov.au/Details/C2012C00100) 30 8:20 30/09/14
(The Raial Discrimination Act -> http://www.comlaw.gov.au/details/c2012c00236) 8:22 30/09/14
( The Religious and Religious Tolerance Act -> http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/edfb620cf7503d1aca256da4001b08af/CBE6EADBA4439759CA256E5B00213F28/$FILE/01-047a.pdf) 8:24 30/09/14
(Equal Opportunity Act ->http://www.legislation.vic.gov.au/domino/Web_notes/LDMS/LTObject_Store/LTObjSt2.nsf/d1a8d8a9bed958efca25761600042ef5/b0c98922c32e73a2ca257761001fb804/$FILE/95-42a059.pdf) 8:27 30/09/14
(Charter of Human Right and Responsibilities Act ->http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/LTObjSt1.nsf/DDE300B846EED9C7CA257616000A3571/778C866F7A2D0E20CA257761001C7B08/$FILE/06-43a006.pdf 8:28 30/09/14
What attitude do people take toward boxing? What influences do these attitudes bring?
Has the law gone too far in educating players and officials on racial and religious tolerance and imposing penalties on anyone who makes offensive remarks?
What happens to the risks of other players contracting diseases such as HIV or AIDS?
If someone was playing sport whist pregnant, what would happen if something were to happen to the foetus?
What if a player needed to take a medical drug that is deemed prohibited in sport?
roles of those influence change in law.
Sporting Tribunals - Laws are usually made by parliament and apply o all community members, however, rules that relate to sport are made by individual sporting members and apply to only the members of that association. This means they are non- legal rules and because of this they are not enforced by courts, but by specific tribunals, boards or comissions that deal with the sport concerned.
Sports may have their own specific tribunal, and most do. They have these tribunals or bodies to abet in resolving sporting disputes. Some of these include: AFL Tribunal, Tennis Australia, International Tennis Federation, Racing Victoria Ltd., Football Federation Australia and the Australian Sports Commission.
Each of these tribunals have specialist sporting expertise to deal with players breaching codes of conduct and allegations against players. They also interpret and enforce the rules of the game. Sporting tribunals may hear and resolve different various disputes and decide appropriate punishment, but they are not legal courts or tribunals, they are domestic tribunals. Decisions made by domestic tribunals aren't legally enforceable through the courts, however they follow the rules of natural justice, so people are treated fairly.
Natural justice is a principle that upholds the notion to act fairly. This principle incorporates other principles. Those subject of complaint must be :
informed fully of the allegations made against made against them
they must have been full opportunity to respond to the allegations and raise any matter in their own defense
given a hearing and all relevant submissions considered
judged by an unbiased third party and not judge their own case
given an appropriate penalty if found guilty
allowed to appeal a decision if not satisfied with the outcome
The VOEHRC and VCAT's Anti- discrimination list have jurisdiction to enforce people's rights so they are not discriminated against. These bodies deal with various discrimination complaints, they do this by using various alternative dispute resolutions.

VOEHRC specifically assists people to resolve discrimination complaints, sexual harassment and religious vilification, they do this by offering a confidential, free and impartial complaints resolution service with the goal to achieve mutual agreement through conciliation. If the dispute can't be resolved at VEOHRC through conciliation, the case can be referred to VCAT's Anti-Discrimination List, which hears discrimination complaints under the Equal Opportunity Act 1995 and the Racial and Religious Tolerance Act 2001, and considers the Charter of Human Rights and Responsibilities Act 2006.

The Anti-Discrimination list uses mainly mediation and arbitration. If the person being discriminated against is successful, the tribunal are able to order money to be paid as compensation, or for the discrimination to stop. The Supreme Court of Victoria or Victorian Court of Appeal can heal appeals from VCAT on a point of law

Sporting bodies of organisations can also use methods such as mediation arbitration and conciliation to resolve various fairly and confidentially..
Contract Law and sponsorship in relation to law
Civil law is the area of law that is the infringement of a persons rights. The main purpose of civil law is to compensate the plaintiff or restore them to their original position. Every sportsperson have most likely got a contract.

Contract law in sport covers salaries, terms and conditions of employment, advertising, and sponsorships. These contracts are legally binding agreements between two or more parties, and they each have something of value.

This means that a professional sportsperson will agree to play sport for a club or event, usually for a salary or payment of money. When a person within the contract feel that the contract has been breached they are able to take court action.
Sponsorships, the financial support of a sportsperson or sport and endorsements, the support of a product or brand by lending your name to that product or brand, have become an increasingly important part of the sport and recreation industry.

Employment contracts and sport
Many people play sport as a profession, player will sign contracts with sporting clubs to make a living from a sport of which they play talented in. Most sporting clubs and associations have a standard player employment contract. and they are agreeing to a certain amount of rules and in exchange for their playing, they receive a certain wage.

The tort of negligence is a large area in civil law. Under the tort of negligence, any person who is injured due to the negligent behaviour of another person can take legal action and sue for compensation. In order to prove negligence a person must prove three elements. These three elements include
the defendant owed a duty of care
the defendant breached the duty of care
the plaintiff suffered loss as a consequence
It is reasonable for the law to think that someone who participates in a sport, recreational or leisure activity is expected to understand the dangers potential risks involved, especially since many sports involve risks. This means the person voluntarily consents to such risks and dangers so, if an injury occurs, the other party involved is usually not considered to be responsible.

This common 364 law rule is known as volenti non fit injuria (no harm can be done to the person who consents).
All about sports law
Discrimination Laws
The Commonwealth in each state have legislation prohibiting sexual harassment and discrimination. Sexual harrassment is the unwanted, and sometimes continuous sexual advances made to one person by another, and discrimination is treating a person or group of people unfairly or in a prejudiced manner.
Under the Equal Opportunity Act 1995, it is illegal to discriminate on any grounds in relation to sport.It is to provide all persons with the same opportunity and removing any form of discrimination.

Sexual Discrimination In Sport
Sexual discrimination in sports is excluding people from participating in a sporting activity because of their gender, marital status or pregnancy. However there is an exception to this as the law allows for poeple who organise competitive sport. You can discriminate on the basis of gender to people over the age of 12 if its because of strength, stamina or physique.
Racial Discrimination in Sport
The Racial Discrimination Act 1975 makes it unlawful to discriminate someone in sport based on their race.
In the hopes that an issue of racial discrimination does not happen before, during or after the match each player is educated about different scenarios and how to deal with them when they occur.
Racial Vilification
The Racial Tolerance Act 2001 strictly prohibitsracial or religious vilification. Racial vilification is the act of speaking nefariously about a person.

Discrimination on the Grounds of Disability or Impairment
To have a disability or impairment doesnt mean just the loss or partial loss of the body, but the meaning also includes diseases such as HIV and Hepatitus B, having a malformation or disfigurement, or a psychological disorder.
It is lawful to discriminate for certain specific reasons
for competitive standard-whether or not a person can compete effectively
disability – limitations in certain sports To have a disability or impairment doesnt mean just the loss or partial loss of the body, but the meaning also includes diseases such as HIV and Hepatitus B, having a malformation or disfigurement, or a psychological disorder.
It is lawful to discriminate for certain specific reasons
for competitive standard-whether or not a person can compete effectively
disability – limitations in certain sports
Discrimination on grounds of pregnancy
It is against the law in the Equals Opportunity Act 1995 to discriminate against a womans pregnancy if she able to play
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