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Harpur, Paul --- "Sport and the law: Integrating athletics" [2004] AltLawJl 41; (2004) 29(3) Alternative Law Journal 147


SPORT AND THE LAW

WELCOME TO THIS NEW COLUMN, which we intend to publish tri-annually (ie every alternate issue). In the spirit of road-testing, the journal has already published three 'briefs' on sport and the law in the past year, covering issues as diverse as refereeing and the spirit of the law, attacks on civil liberties in the 'war' on drugs in sport, and the South Sydney Rugby League club's community and court-based battle against News Limited.

The column should be of interest to both aficionados and haters of sport alike. It will not be a forum for information on 'sports law', that growing emanation of legal practice that maps the commercialisation of professional sport and increasingly clutters the back pages of newspapers.

Instead, in the tradition of the journal, the column will feature two types of writing. One is progressive critique of the organisation and rules governing sport. This edition, Paul Harpur's column on tackling disability discrimination in sport is a timely example of this in what is an Olympic and Paralympic year. The second will be broader, cultural reflections on - and interrogations of - the sometimes rich, sometimes claustrophobics links between sport, society, nationalism, politics and law in this country. The editor of this column can be contacted at g.orr@griffith.edu.au

Graeme Orr teaches law at Griffith University, Brisbane.

INTEGRATING ATHLETICS

PAUL HARPUR reflects on equal treatment for disabled sportspeople.

Under a new era of integration, disabled athletes in Australia are perhaps some of the most advantaged disabled athletes in the world. Previously in athletics, elite able-bodied athletes and elite disabled athletes were kept separate. The two groups were in different programs and competed in different competitions.

Section 28 of the Disability Discrimination Act 1992 (Cth) makes unlawful discrimination for sport organisers to prevent disabled athletes from competing because they have a disability. But holding a competition with high standards is not discriminatory merely because very few disabled athletes achieve sufficient distances or times to compete.

For elite athletic competitions the standards are high. Only a select few from the community reach these standards. It would be different if organisers required a disabled athlete to run in one lane when they were in a wheelchair and required two lanes. A substantially higher proportion of the community could run in one lane. This would constitute indirect discrimination under s 7 of the Disability D1scnmination Act 1992. A substantially higher proportion of the community could not make the distances or times to compete in the elite competitions.

While the policy of separation was not unlawful, the athletic community is moving to improve the level of integration.

In the Sydney Olympic Games, the International Olympic Committee hosted a demonstration BOO­ metre women's wheelchair race. The medal Louise Sauvage won for Australia here did not count towards the Olympic medal count. In the 2002 Manchester Commonwealth Games, the Commonwealth Games organisers put on two disabled races w1th full medal status: the 800-metre women's wheelchair event and the 100-metre men's blind sprint. This gave Louise Sauvage AO, Aliza Stankivich and myself the opportunity to compete in front of a packed stadium and to travel with the Australian Commonwealth Games team.

Within Australia there are now disabled events in the elite level Telstra Athletic Series. This year there are disabled events in the Brisbane, Canberra, Melbourne and Sydney legs of the Series. In this competition, disabled athletes are treated the same as their able­ bodied counterparts. Both groups have their airfares and accommodation paid for. Significantly, both groups win prize money for places and are given travel and competition gear.

The actual competition is run similarly to the divide between males and females. There is a male 100 metre, a female 100 metre and a disabled 100 metre. This does not exclude a disabled athlete from competing in both versions of their events. For example, in the Queensland State Championships, as a totally blind sprinter, I compete both in the disabled races and in the able-bodied events.

The disabled athletes all compete in one multi-disability race. Due to the different degrees of disability, some athletes are naturally slower or faster. To ensure fairness, all the athletes compete as a percentage of their world records: eg to win, an arm amputee would have to run faster than an athlete with no legs, as the arm amputee world record is much faster than the double leg amputee world record. Through using a percentage system the race results are calculated.

This allows disabled athletes to increase their level of professionalism. The Increased high-level competition and exposure to the professionalism of the elite able­ bodied team has benefited Australia's Paralympic medal chances.

This integration is extending to the state institutes of sport. For example, the Queensland Academy of Sport has previously run an 'Athlete With a Disability' program and a regular athletic program. Plans are underway to remove this distinction and integrate the squads. Disabled athletes will not have to suddenly perform like able-bodied athletes; rather their performances will be judged against the performances of other disabled people of the same class around the world.

Unfortunately, the integration occurring in athletics is not yet reflected 1n all facets of sport. The clothing for the Athens 2004 Olympic and Paralympic Games is a good example of what can occur without integration. The Australian Olympic Comm1ttee has cut a deal with Nike, which will see Nike pay for all the Olympic uniforms. The Australian Paralympic Committee attempted to negotiate the same deal with Nike. Nike refused. Nike offered to sell the Australian Paralympic Team uniforms at a price beyond the Australian Paralympic Committee's budget. As a consequence the Australian Paralympic Team has uniforms without a label.

The position with the Australian Athletic Team, however, is different. New Balance sponsors the Australian Athletic Team. As the able-bodied and disabled are integrated, New Balance sponsors both teams. As a consequence, Australian disabled athletes were well decked out in New Balance clothing for the 2002 World Titles.

The trend in athletics is away from separating able­ bodied and disabled athletes. It seems stakeholders are aware that elite athletes, whether they be Olympic or Paralympic, train equally hard and perform equally well in their category. For disabled athletes this means more competitions, more respect, less discrimination and hopefully a Paralympic gold medal.

PAUL HARPUR is a lawyer and Paralympian, Commonwealth Games Athlete and World Titles Silver Medallist.


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