Discrimination
Law and the Sport...
Section
27(3) however, permits clubs and associations to discriminate where,
because of the person's disability, the person requires the benefit to
be provided in a special manner and the benefit cannot be provided
without unjustifiable hardship. This exemption was considered by the
Anti-Discrimination commission in the case Scott and Ors V Telstra
Corporation Ltd (1995) and found to include, predominantly, the
financial circumstances of the particular organisation in supplying
the benefit.
With
regard to participation in sporting events, Section 28(1) of the Disability
Discrimination Act 1992 states that it is unlawful for a person to
discriminate against another person on the grounds of the other
persons disability or a disability of any of the other person's
associates by excluding that other person from a sporting
activity. Section 28 (3)(a) of the act provides an exemption,
stating that it is not unlawful to discriminate if that person is
"not reasonably capable of performing the actions reasonably
required in relation to the sporting activity".
The
issue of discrimination in regard to infectious diseases is
complex. An exemption exists in the provision where the
discrimination is necessary for the protection of the "public
health", however public health is defined nowhere in the
legislation. The 1989 Consensus Statement from Consultation on Aids
and Sports developed by the World Health Organisation and the
International Federation of Sports Medicine holds that "there is
no medical or public health justification for testing or screening for
HIV infection prior to participation in sports activities".
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Instead the statement recommends AIDS education for athletes, that
bloodied players should leave the field immediately for treatment and
that persons who know they have HIV should take the responsibility to
seek further medical advice regarding further participation in sport.
This
education approach to infection control is supported by Sports
Medicine Australia in it's Infectious Diseases Policy, which also
recommends Hepatitis B vaccinations for athletes playing contact sport
and collision sport under adult rules.
In
addition to federal discrimination legislation specific state
legislation also applies. Sporting organisations need to also
take state legislation into account when considering discrimination
issues.
Reference:
Australian Sport Law - CCH Australia Limited
Written
- By Rod
Hughes, IEA Sport
IEA
has offices in every state. National freecall number 1800 SPORT
1
(1800 77678 1)
Email:info@ieasport.com.au
The editor of the IEA Sport Monthly Update is
joint Chief Executive Officer, Rod Hughes.
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