Basketball Australia Integrity Policy

Transcription

1 Basketball Australia Integrity Policy Date adopted by BA Board 30 October 2010 Date Integrity Policy Effective 10 November 2010 BA Limited ABN trading as Basketball Australia

2 1. Jurisdiction 1.1 This policy is made by BA as a by-law under clause 21 of BA's Constitution and is binding on all Participants. 1.2 This policy may be amended from time to time. 2. Reading this policy 2.1 Headings used in this policy are for convenience only and shall not be deemed part of the substance of this policy or to affect in any way the language of the provisions to which they prefer. 2.2 Words in the singular include the plural and vice versa. 2.3 Reference to including and similar words are not words of limitation. 2.4 A reference to a "national team" or "national squad" means any national team or squad endorsed by BA and includes junior and senior national teams. 2.5 Unless otherwise stated, the words used in this policy will have the same meaning as in BA's Constitution. 2.6 Definitions: In this policy unless the context requires otherwise: Basketball Game means a basketball game in which the Participant participates or which is part of a series of basketball games which the Participant's Club or national team participates. For the avoidance of doubt: NBL players and officials (and other Participants) participate in NBL games; WNBL players and officials (and other Participants) participate in WNBL games; national team squad members (and other Participants) participate in national games; and BA staff participate in all basketball games controlled or conducted by BA Club means any NBL Club or WNBL Club NBL means National Basketball League NBL Club means a club granted the right to compete in the men s national basketball league competition conducted by BA Participant means: Player; Club; Basketball Australia Integrity Policy Page 1

3 any coach (whether paid or volunteer) of a Club or a BA national basketball team; any person who BA determines to be an owner, director, employee, servant, agent, official, support staff, volunteer or other person (including but not limited to medical staff, physiotherapists, trainers or other staff) who has any role in the administration or operation of a Club or BA; and any person who has a paid or volunteer position as a referee, scorer, statistician or other official of BA, the WNBL or the NBL Player means any person registered with or entitled to play for a Club or listed by BA as a member of a national team or national squad. For the avoidance of doubt, any person listed on a national squad at any time during the calendar year is deemed to be in that national squad from the time he or she is listed as part of the national squad until the end of the calendar year WNBL means the Womens National Basketball League WNBL Club means a club that is granted the right to compete in the women's national basketball league competition conducted by BA. 3. Prohibition on betting or influencing a game 3.1 Betting on Basketball Games by Participants and any conduct or activity which attempts to achieve a contrived outcome to or otherwise improperly influence the outcome of any Basketball Game is prohibited. 3.2 Participants must not and must not direct or arrange any other person to: bet, wager, gamble or enter into any other form of financial speculation on any Basketball Game; induce or encourage any other person to bet, wager, gamble or enter into any other form of financial speculation on any Basketball Game; be a party to contriving or attempting to contrive the result of any Basketball Game in exchange for any benefit or reward (other than a benefit or reward received from BA or a Club in accordance with a player contract); cause a Basketball Game to be determined otherwise than on its merits or fail to attempt to perform to the best of their ability in any Basketball Game for any reason whatsoever (including, owing to an arrangement relating to betting on the outcome of any Basketball Game) other than for legitimate tactical reasons in relation to that Basketball Game; Basketball Australia Integrity Policy Page 2

4 3.2.5 induce or encourage any player or official not to attempt to perform to the best of the player's ability in any Basketball Game for any reason whatsoever (including, owing to an arrangement relating to betting on the outcome of any Basketball Game) other than for legitimate tactical reasons; bet, wager, gamble or enter into any form of financial speculation on any game of basketball (conducted or controlled by any entity) where that Participant is in receipt of information which is or could be relevant to betting and which is not publicly available; or without the prior permission of BA, encourage, induce, advertise or promote betting on any Basketball Game. 4. Prohibition on activities which adversely affect the reputation and integrity of basketball 4.1 Participants must behave at all times in a manner that upholds the highest standards of integrity and dignity. 4.2 Participants must not and must not direct or arrange any other person to: conduct themselves in any manner, or engage in any activity whether before, during or after a Basketball Game that would impair public confidence in the honest and orderly conduct of the Basketball Game or in the integrity and good character of basketball and its participants; or engage in any conduct or activity (whether or not publicly known) which in the sole discretion of BA will or is likely to bring the Participant, BA (including its agents and employees), a Club, the sport of basketball, any sponsor of BA or any sponsor of a Club into disrepute or censure (or will or is likely to do so were the conduct to be publicly known). 5. Prohibition on the provision of information by Participants 5.1 Participants must not disclose to any person any information which is or could be relevant to betting which is not otherwise publicly available. 5.2 Participants must not, and must not direct or arrange any other person to, for benefit or reward (whether for themselves or any other person) provide any information concerning: a Basketball Game; players in a Basketball Game (including the team's actual or likely composition, the form or health of individual players or tactics); the status or possible outcome of any Basketball Game; or the possible occurrence of any event connected with any Basketball Game, where such information is not otherwise publicly available at the time of the disclosure, other than in connection with bona fide media interviews and public commitments. Basketball Australia Integrity Policy Page 3

5 6. Disclosure of information to BA 6.1 Participants must: promptly disclose to BA's Chief Executive Officer (or his/her properly authorised delegate) that they: have received an approach from another person to engage in conduct such as betting, match fixing or any other conduct prohibited under this policy; or know or reasonably suspect that any Participant has engaged in, or been approached to engage in, conduct such as betting, match fixing or any other conduct that is prohibited under this policy; and at all times provide honest, complete and accurate information to BA in relation to the performance of a Participant. 7. Education Programs 7.1 BA will develop and implement education programs and initiatives for the sport of basketball so that Participants are aware of their obligations in relation to betting, the publicising of information and maintaining the integrity of the sport of basketball (Education Programs). 7.2 All Participants who are directed to attend BA's Education Programs must do so. 8. Agreements with sports betting providers 8.1 BA has entered into agreements with sports betting providers (ie organisations which facilitate betting on basketball games and competitions conducted by or under the auspices of BA) to access and provide relevant personal information and betting records, ensure it is notified of suspicious betting activities and to bring to its attention any information which may affect the integrity of basketball. Participants acknowledge that the disclosure of relevant personal information is necessary and reasonable for the proper protection of the legitimate interests of BA, Participants and the basketball competitions conducted by or under the control of BA and to maintain the highest standards of integrity in the sport of basketball. 9. Powers to investigate and seek information 9.1 In considering whether a Participant is in breach of this policy, BA's Chief Executive Officer (or his/her properly authorised delegate) may: inquire into and investigate any matter; exercise any powers he/she deems appropriate in order to conduct any inquiry or investigation in any matter; Basketball Australia Integrity Policy Page 4

6 9.1.3 require production of any documents, information or other items in the possession or control of any Participant and take possession of or make copies of all such documents, information or other items; require access to the premises owned or occupied by any Club for the purposes of seeking or obtaining any documents, information or other items; exercise any powers conferred by BA's rules and regulations; and delegate any powers conferred by BA's rules and regulations or any powers set out under this policy. 10. Breaches power to impose penalties 10.1 BA's Chief Executive Officer (or his/her properly authorised delegate) may determine all questions arising out of or in relation to a breach or potential breach of this policy or any action taken under paragraph 9.1 of this policy and may determine whether a Participant has breached this policy BA's Chief Executive Officer (or his/her properly authorised delegate) may suspend any Participant from participating in any basketball game whilst he/she exercises any power set out in paragraph 9.1 of this policy. For the avoidance of doubt, this means that a Participant may be suspended prior to a final determination being made Where BA's Chief Executive Officer (or his/her properly authorised delegate) has determined that a Participant has breached this policy, he/she may impose any one or more of the following penalties: suspension; fine; imposition of suspended sentence; ban; reprimand; such other penalty as he/she determines to be appropriate; or any combination of these penalties This policy sets out strict liability offences in sections 3, 4, 5 and 6 and no Participant shall be entitled to a hearing or any appeal from any decision made by BA under this policy unless BA determines a hearing or appeal is appropriate Participants must not comment publicly on any incident considered or any penalty imposed BA's Chief Executive Officer under this Integrity Policy unless such comment is first approved by BA. Basketball Australia Integrity Policy Page 5