Monday, 29 July 2019:
 | | SHAYNA JACK of Australia competes during the Women's 4 x 100m Freestyle Relay Final of the Gold Coast Commonwealth Games in Gold Coast, Australia. | |
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Australian Sports Anti-Doping Authority (ASADA) says legally-binding confidentiality agreements are crucial to its doping investigations.
ASADA has moved to clarify its processes in the wake of swimmer Shayna Jack's positive drugs test.
The positive test about two weeks ago wasn't immediately publicly revealed, with Swimming Australia hierarchy saying it couldn't detail the information.
Swimming Australia's chief executive officer Leigh Russell says the organisation had to wait until Jack or ASADA released details of the positive test.
"Absolutely it would have been so much easier for us at Swimming Australia to be transparent about the adverse test finding as soon as we were notified," Russell told the Nine Network on Monday.
"Certainly that would have been an incredibly easier proposition for us than perhaps waiting for Shayna or ASADA to release information."
Later on Monday, ASADA released a statement about its processes, stressing it should not be attributed specifically to the Jack case.
ASADA said it had, since 2006, entered into legally-binding confidentiality undertakings with sporting organisations which restrict what the organisations could say.
"This is, and always has been, ASADA's standard practice," the ASADA statement said.
"One of the reasons as to why ASADA has these agreements is to protect the integrity of our investigations."
ASADA said it was one of a few anti-doping organisations globally with investigation powers under legislation.
"It is ASADA's standard practice to conduct a thorough investigation in relation to all allegations of doping in Australian sport, including when an athlete returns a 'positive' test result," the statement said.
"This enables ASADA to assess the veracity of an athlete's claims and determine whether other athletes or support persons are involved in a broader anti-doping issue, as well as taking into account the rights and welfare of the athlete.
"More importantly, our investigations enable ASADA to target facilitators who may be preying on Australian sport and our athletes."
ASADA said it assessed whether to go public with information on a case-by-case basis.
"Often it is not in ASADA's interests for our investigation to be public in the early phase of our processes," the statement said.
"In simple terms, what would a facilitator of doping do if they were to become aware of ASADA's investigation?
"From our experience, evidence could be destroyed, or our investigation frustrated by the fact that it was subject to public commentary."
ASADA said could "never restrict an athlete's right to discuss or talk about their case".
