Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_49
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 42967–44938

49  Publication of determinations
 (1) In accordance with the relevant anti-doping policy and subject to subsections (4) and (5), the CEO is to publish all determinations of the Anti-Doping Division, including the reasons for those determinations.
 (2) The Tribunal member who prepared the determination may recommend to the CEO that the CEO publish a version of the determination containing a pseudonym so that a witness is not able to be identified.
 (3) A pseudonym is not to be applied to protect the identity of a party to the dispute.
 (4) Where the Tribunal has determined that a minor, a protected person, or a recreational athlete against whom an anti-doping rule violation has been asserted has committed the anti-doping rule violation, the CEO:
 (a) is not to publish the determination or its reasons unless the applicant consents; but
 (b) may publish information about the outcome of the matter that is proportionate to the facts and circumstances of the case.
       (4A)  In this section, minor, protected person and recreational athlete have the same meanings as those expressions in the anti-doping policy of the sporting body to which the applicant belongs.
 (5) Where the Tribunal has determined that the person against whom an anti-doping rule violation has been asserted has not committed the anti-doping rule violation, the CEO is not to publish the determination or its reasons unless the applicant for arbitration consents, and may do so in its entirety or in such redacted form as the applicant may approve.
 (6) Subsection (5) does not prevent the CEO publishing, on the Tribunal's website, that the decision has been appealed or, with the consent of the applicant, a summary of the decision.
 (7) Where feasible, a summary published under subsection (6) should not contain information that would identify the parties, or that could reasonably identify the parties, unless the parties agree to be named.

Chapter 4—General Division Arbitration