Edition
4/2000
IEA is pleased to present the July edition of the IEA Sport Monthly Update. This monthly publication will address topical
issues specific to the management of sport. For
free subscription to this newsletter please join our mailing list (refer home page of website, www.ieasport.com.au). The newsletter will be delivered via Email only.
We welcome questions from subscribers which will be addressed in future editions
of the Monthly Update.
Discrimination Law and Sport
Publicity in recent years has aided in making the general public aware that
discrimination is unacceptable in today's society, including discrimination on the
sporting field. Sporting bodies have moved towards introducing discrimination
policies to demonstrate that they are taking positive action to foster a
non-discriminatory environment.
An example is
the Australian Football League who in 1995 became the first sporting organisation in the
country to add to it's constitution a rule to fine AFL clubs up to $50,000 for instances
of racial abuse by players. The Australian Rugby League introduced it's racial
vilification policy in 1997, based on that of the AFL.
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In addition to
penalties being applicable through the rules of the various sporting bodies for racial
vilification, The Racial Hatred Act 1995 (Cth), provides victims of racial
vilification redress to the Human Rights and Equal Opportunities Commission for
conciliation or, where necessary, adjudication. This act
inserted a new part in the Racial Discrimination Act 1975 (Cth) which prohibits
offensive behaviour based on racism. Conduct which is likely to "offend,
insult, humiliate or intimidate" is considered unlawful.
Racial discrimination of course is only one form of discrimination. The Sex
Discrimination Act 1984 seeks to eliminate discrimination between persons on the
ground of sex, pregnancy or potential pregnancy, or marital status in work, accommodation,
the provision of goods and services and the activities of clubs. Unless a club is
constituted as making available membership to one sex only, the act provides that it is
unlawful to discriminate among applicants or in the term and conditions of membership
offered to applications on the grounds of sex. It is also unlawful to discriminate
among members and classes of membership made available, or denying access or limiting
access to any benefits provided or offered by the club on the grounds of sex.
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