Adams and drug database

left infobox area

right infobox area

Legal Commission

Tasks and proceedings of the Legal Commission

As of 1 July 2008, NADA Austria, in its capacity as the Independent Anti-Doping Organization, shall, after having been notified of an adverse analytical finding or another suspected violation of the anti-doping rules to be applied by the national sports federation, on behalf of the competent national sports federation, immediately institute disciplinary proceedings against the suspects or the team to which the athlete concerned belongs and impose the sanctions (e.g. suspension) and disciplinary measures specified by the rules of the competent international federation.

When deciding on first-instance disciplinary measures in the event of anti-doping rule violations, NADA Austria must consult the Legal Commission.

The Legal Commission consists of five members. Of these, three members must have a law degree and experience in conducting formal investigations; one member must be an expert in pharmaceutics or toxicology, and one member must be a sports medicine expert.

Each member of the Legal Commission is appointed for a period of four years. For each member a substitute member with the required qualifications and experience shall be appointed.

The national sports federation, on behalf of which the Legal Commission of NADA shall make the decision, has the right to substitute a member of the Legal Commission holding a law degree - except the chairperson - with another person with adequate education and experience.

The Legal Commission is responsible for instituting, conducting and imposing sanctions (e.g. suspension) and disciplinary measures specified by the rules of the competent international sports federation in the event of a suspected violation of the anti-doping rules, which are required to be applied by the national sports federation.

When exercising this function, the members of the Legal Commission are independent and not bound by any instructions. They have to perform their activities impartially und are bound to secrecy concerning any and all facts which have only been revealed to them as a consequence of their activities as members of the Legal Commission.

The Legal Commission institutes proceedings only at the written request of NADA Austria and then carries out the proceedings ex officio. Within eight weeks of receipt of the written request from NADA Austria, the Legal Commission must schedule a hearing.

The proceedings before the Legal Commission are not open to the public.
The Legal Commission must inform the accused about the institution of proceedings. The accused may be defended by a representative, in particular by a legal professional authorized for representation, submit a written statement and/or request that all evidence for the defense be heard. However, he/she may also waive the right to a hearing. The hearing may also be carried out in his/her absence, provided that he/she was previously given the opportunity to comment on the allegations raised against him/her.

In addition, the competent national sports federation, international federation, the World Anti-Doping Agency (WADA) and/or NADA Austria must be informed that proceedings are being instituted, carried out and concluded before the Legal Commission, and they are entitled to submit a statement and be present during the hearing.

The decisions of the Legal Commission are taken by a simple majority of votes. The Legal Commission has a quorum when at least half of its members and its chairperson are present or represented by the respective substitute member.
The Legal Commission may find the accused not guilty or guilty. The accused may also be obliged to reimburse the costs of the proceedings.

The decisions of the Legal Commission are made known orally upon conclusion of the hearing, stating the main reasons for the decision and the decision is also executed separately in writing.

Any decision of the Legal Commission may be appealed by requesting a review of this decision by the Independent Arbitration Commission. The request for a review of the decision must be filed with the Independent Arbitration Commission within four weeks after service of the written decision.

If, within the scope of the proceedings or hearing, the Legal Commission establishes that offenses, e.g. violations of the Anti-Doping Federal Act, the Addictive Drugs Act or the Medicines Act, might have been committed, it must submit relevant statements of the facts to the competent public prosecutor's office.

Statutory provisions

The tasks and activities of NADA Austria's Legal Commission have been laid down in § 4 and § 15 of the Anti-Doping Federal Act as amended by Federal Law Gazette I no. 146/2009:

§4 (2) The Independent Anti-Doping Organization shall establish the following commissions: 

5. the Legal Commission, consisting of five members, to decide on first-instance disciplinary measures if anti-doping rules pursuant to § 15 para 6 have been violated; Three members must have a law degree and experience in conducting formal investigations; one member must be an expert in analytical chemistry or toxicology, and one member must be a sports medicine expert;

§ 15. (1) After having been notified of an adverse analytical finding or another suspected violation of the anti-doping rules to be applied by the national sports federation, the Independent Anti-Doping Organization shall, on behalf of the competent national sports federation, immediately institute disciplinary proceedings against the suspect or the team to which the athlete concerned belongs and impose the sanctions (e.g. suspension) and disciplinary measures specified by the rules of the competent international sports federation. The athletes concerned shall be verifiably informed of the imposed sanctions and the instituted disciplinary proceedings.

(2) Before a disciplinary measure is imposed the suspect or a representative of the team or association - if the disciplinary measure is to be imposed on a team or association - shall have the right to a fair hearing. They have the right to present evidence, call and question witnesses, be represented by counsel and have an interpreter present.

(3) If the continued participation of the suspect (athlete or team) in the competition or the participation in the next competition depends on the decision on whether an anti-doping rule violation has occurred, and if - based on evidence and facts and upon application of para 2 - the end of the disciplinary proceedings cannot be expected in time, an expedited hearing may be conducted upon request of the athlete or representative of the team (the association). Such hearing shall take place during proceedings to be scheduled immediately and a decision shall be made on the basis of the evidence presented.

(4) Evidence obtained illegally or by misrepresentation must not be used for the decision whether an anti-doping rule violation has occurred.

(5) Timely, written and reasoned decisions shall be made. They shall be verifiably served to the athletes concerned or the representative of the team (the association), if applicable, and the competent national sports federation.

(6) The Independent Anti-Doping Organization shall discuss the decision with the Legal Commission (§ 4 para 2 no. 5). Within two weeks after having been notified of the institution of the proceedings, the national sports federation, on behalf of which the Independent Anti-Doping Organization shall make the decision, shall have the right to substitute a certain member of the Legal Commission holding a law degree and its substitute member - except the chairman - with another person with adequate education and experience.

(7) Athletes who are accused of a missed test (§ 1a no. 20) or whereabouts violation (§ 1a no. 11) shall have the right, within two weeks after having been informed of this accusation, to request a decision from the Legal Commission as to whether this accusation is justified; otherwise the violation shall be deemed uncontested.

(8) The Legal Commission shall adopt Rules of Procedure which shall include the details on the proceedings. The Rules of Procedure need to be approved by the head of the Independent Anti-Doping Organization. Prior to approval, the head shall discuss the issue with the advisory board, if one exists at the Independent Anti-Doping Organization. The head shall do the research necessary to prepare the Commission's meeting and to decide on the rules of the proceedings. Upon institution of the proceedings, the parties shall be notified of the Rules of Procedure.

(9) The Legal Commission can make a preliminary decision without a hearing pursuant to para 2, if the facts are clear. If the athlete concerned or the competent national sports federation objects to the decision in writing within four weeks, the preliminary decision shall become invalid and the Legal Commission shall institute proper proceedings. If no objection is made in time, the decision shall be final. In such case, § 17 para 2 shall not apply.

Members of the Legal Commission

Chairperson

• Gernot Schaar

Other permanent members

• Legal members

Dr. Alois Schittengruber

DDr. Burkhard Thierrichter

• Pharmaceutics/toxicology

Dr. Karl Dobianer

• Sports medicine

Univ. Prof. Dr. Norbert Bachl

Substitute members

• Dr. Thomas Hollerer (chairperson)
• Dr. Helga Luczensky (legal advisory member)
• Dr. Stephanie Bonner (legal advisory member)
• Dr. Heribert Pittner (pharmaceutics /toxicology)
• Dr. Hartwig Pogatschnigg (sports medicine)

Contact