REQUEST FOR PROSECUTION PURSUANT TO SECTION 131 OF THE
OCCUPATIONAL HEALTH AND SAFETY ACT 2004 (VIC) (THE ‘ACT’)
1 This notice is a request of the Victorian WorkCover
Authority (the ‘Authority’) made under
section 131 of the Act to investigate and prosecute the employers referred to in this notice in relation to the acts, matters and things specified below constituting offences against the Act. 2 The Austr
alian Football League (‘AFL’) runs a competition (the ‘League’) involving 18 AFL Clubs (‘AFL Clubs’) licensed by the AFL to participate in the League.
3 On 15 October 2013 the AFL published a statement selectively disclosing results from a sur
vey of AFL Clubs conducted by the AFL in the wake of the Australian Crime Commission’s
Drugs in Sport
report (the ‘AFL October Statement’).
4 According to the AFL October Statement: (a) at least 12 AFL clubs conducted sports supple
ments programs ‘with medium or high levels of supplement use’;
each of those twelve programs ‘lacked a single point of accountability’;
documentation by AFL Clubs of player supplement use was ‘inadequate’;
(d) AFL Clubs
employed ‘an inappropriate definition of supplements’;
(e) the selection processes of support personnel (in connection with the programs) was
(f) the AFL concluded that numerous changes were required to the manner in which AFL Clubs implemented supplements programs, in order to attain the standards of
‘best medical practice and responsible club management’.
5 The survey findings caused the AFL to introduce new procedures to regulate supplements programs within A
FL Clubs which were announced in April 2014 (the “AFL April Statement”).
These measures included: (a)
a ‘Prohibited List’ of supplements, which was intended to go ‘"above and beyond the WADA code’,
and ‘remove some of the grey areas for club
s in WADA's
The list was brought into effect by the AFL in March 2014. It
‘widened the scope of the substances already banned by the World Anti
‘Players sourcing supplements outside of club: AFL survey’, AFL, 15 October 2013 (source:
‘AFL ups ante in supplements fight, with new controls in place’, AFL, 2 April 2014 (source:
) (‘AFL April Statement’).
AFL October Statement.
AFL April Statement.