SPO201 Sports Law: Local Organising Committee Governance Report

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This report provides a comprehensive analysis of sports law in the context of planning and implementing National Championships, focusing on the creation and governance of a Local Organising Committee (LOC). It explores the roles and responsibilities of the LOC, the importance of contracts with stakeholders, and the application of relevant legal provisions such as the Environmental Protection and Biodiversity Conservation Act 1999 and the Competition and Consumer Act 2010. The report also delves into the governance principles of the Australian Sports Commission, the benefits of incorporating an LOC, and alternative dispute resolution methods like arbitration and mediation. Furthermore, it identifies key stakeholders and their purposes, highlighting the ethical responsibilities outlined in the IOC Olympic Charter. This document, contributed by a student and available on Desklib, offers valuable insights into the legal and regulatory landscape of sports management.
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Running head: SPORTS LAW
SPORTS LAW
Name of the Student
Name of the University
Author Note
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The Local Organizing Committee
The International Olympic Committee and National Olympic Committee entrust every
organisation of Olympic game. A form regarding the same has to be filled and will abide by all
the instructions obtained from the International Olympic Committee. The local authority set up
for this purpose is a local committee that will deal with the implementations of the gaming plans.
There shall be one direct organiser of the organisation, who will enter into a contract with the
stakeholders. The contract will include certain elements such as intention of the parties, offer,
and acceptance to the offer, considerations, consent of the parties and legal capacity of the
parties (Windholz, 2015). The event owner must have signed a contract with certain committees
including the local organisation committee. The organisation committee should have to deal with
certain specific arenas and has to look after whether every sport has been given equal treatment
in the Olympic event.
The main purpose of this local committee named “All Star Players” is (English, 2017):
Create installation, competition venues, stadium and training hall;
Lodge the athletes and other correlated officials;
Arrange all the required medical service;
Manage the transportation problems;
Organise cultural events;
Prepare final report on the game;
Promote the ideology of “sports for all”;
Make stand against doping or other use of drugs;
Promote additional conscious regarding environmental problems.
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2SPORTS LAW
In case of any conduction of Olympic Games, there are certain kinds of stakeholders
involved. The event owner of the game has to enter into a contract with all those stakeholders. In
this case, multiple numbers of contracts are taken into place. The major stakeholders in those
cases are various government agencies deal with sports, venue owner, corporate sponsors,
broadcasting service providers and the media, participating individual athletes and teams,
suppliers and local organising committees (Kanosue et al., 2015). According to the rules of the
International Olympic Committee, the local organising committee has to follow all the rules
clearly and should abide by the terms and conditions of the contract that has been signed in
between the local committee and the event owner of the game.
In case of planning and implementation of the plan of the Olympic Games, the host
destination or the government plays an important role. Olympic game is an international event
and in this case, players from the foreign countries come to participate in the game and they are
capturing certain social, economic and political advantages (Fulbrook, 2017). Good
communication program should be retained in between the communities, the infrastructure
should have to be developed and attractive tourist program should be taken to make a growth in
the financial section of the country. All the related legal provisions should carefully be abided by
so that no mishap could take place in this case. Further, special concentration should be given on
the environmental degradation and in this regard, Environmental Protection and Biodiversity
Conservation Act 1999 should be applied (Murray, 2013). The sports market should be carefully
handled and provisions of Competition and Consumer Act 2010 are to be followed.
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Governance Principles
Governance refers to regulatory mechanisms employed by a regulatory authority or
authorities. The Olympic team for Australia is governed by the Australian sports commission.
This commission is not only responsible for all forms of changes in the sports industry and the
selection of athletes for the Australian Olympic team but is also responsible for enforcing
guidelines and governance mechanisms within the sphere of the sporting community. Thus
basketball as a national sport and an Olympic sport on an international level is governed by this
regulatory authority (Krishna, 2013). The governance mechanisms of all forms of contractual
agreements within the sphere of sports are also governed and regulated by this authority. As per
the mandate of the Australian Sports commission there are various ethical and regulatory
guidelines that need to be adhered to by all athletes and all forms of sporting authorities and
regulatory boards. These in total adhere to the various ethical guidelines that help create a fair
environment for all individuals involved in such contractual relationships (Bartkowiak-Théron &
Asquith, 2017). The first of these guidelines is the use of regular reporting on performance and
other ancillary financial matters, these reports are disclosures of sort that help create awareness
within the public domain. The second guideline is the prohibition on performance enhancing
substances in the sphere of professional athletics. The commission also prescribes ethical
decision making in all board level decisions to enable equal opportunities to all athletes coming
into the same sphere.
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Benefits of Incorporating a particular LOC for the event
A Local Organizing Committee is especially good in managing sporting events within a
small area. The Local Organizing Committee would be responsible for the planning, budgeting
and execution of such an event and having a proactive planning committee ensures that the same
would be created in a way that is efficiently taken care of. In any event, a planning committee
would also be able to provide opportunities to participants for future sporting events at the
national and international level. This could not be secured by an unincorporated managerial body
that executes such an event (Deans et al., 2016). In case of changes to the structure of the event
or in case of any delays or changes in schedules an incorporated Local Organizing Committee
would be the most efficient recourse and would be able to curb most reasonable hindrances to the
event (Palmer & Warren, 2013). The existence of an incorporated Local Organizing Committee
also brings in legal validity to sporting contracts entered into for such events and the same would
be legally enforceable in case of breach of contract.
Alternative dispute resolution procedures
In case of breach of contract in sporting contracts or for any other form of dispute arising
out of the terms of a sporting contract would have to be resolved through due process of law.
Ideally this means that an action for breach of contract or a petition alleging the kind of dispute
arising out of the contract would have to be brought before a court. Thus the interpretation of the
contractual terms is completely in the hands of the court. A court procedure is usually a long
drawn out process which goes through various processes of a trial and the same is an expensive
mode of dispute resolution (Chapman, Alpers & Jones, 2016). In case of such disputes, a more
cost effective and timely approach is the employment of alternative dispute resolution processes.
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These are dispute resolution methods that avoid the court procedure but require the consent of
both parties to be bound by the decision of the adjudication process. The various alternative
dispute resolution options available to sporting authorities in such a case are enumerated and
explained below (Coombes et al., 2015):
Arbitration
Arbitration is an alternative dispute resolution process which employs an adjudicator
agreed upon by the parties or appointed through court procedures. An arbitration process work in
similar ways to a court and both parties are bound by the decision of the arbitrator as the same
has been agreed upon. Arbitration is mostly invoked through an arbitration clause that is present
in the agreement or as a separate arbitration agreement where the parties agree that all disputes
arising out of the contract would be adjudicated through an arbitration process which both the
parties would be bound by. This is effective and fast and thus is an ideal mode of dispute
resolution.
Mediation
The process of meditation, though similar to arbitration, does not give binding judgments
on a matter. In this process one such person is appointed by the parties as the mediator and the
mediators role is to hear the dispute from both sides and urge them to reach an amicable solution
through mutual understanding and compromise. These compromises may or may not be accepted
by all parties and hence the process of mediation does not provide concrete solutions which bind
both parties.
Stakeholder for the event
Stakeholder engaged Purpose
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6SPORTS LAW
Government Sporting agencies These are crucial in procuring permissions and also
in providing future opportunities to participants.
Venue Owner To procure a suitable venue.
Corporate Sponsors For sponsorships and partners.
Media Sponsors To ensure adequate coverage.
Suppliers and Local Organizing Committees To provide equipment and managerial assistance.
International conventions
The IOC Olympic charter provides for various ethical responsibilities which need to be
adhered to by all participants and organizing committees in case of any sporting event (James,
2017). The whole point of a dynamic regulatory system is to ensure a fair and ethical
environment for all people participating and engaging in policy decision on behalf of sporting
authorities. That is the interaction of this Local Organizing Committee with international
regulations.
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7SPORTS LAW
Reference list
Bartkowiak-Théron, I., & Asquith, N. L. (2017). Conceptual divides and practice synergies in
law enforcement and public health: Some lessons from policing vulnerability in
Australia. Policing and society, 27(3), 276-288.
Chapman, S., Alpers, P., & Jones, M. (2016). Association between gun law reforms and
intentional firearm deaths in Australia, 1979-2013. Jama, 316(3), 291-299.
Coombes, J. S., Law, J., Lancashire, B., & Fassett, R. G. (2015). “Exercise is medicine” curbing
the burden of chronic disease and physical inactivity. Asia Pacific Journal of Public
Health, 27(2), NP600-NP605.
Deans, E. G., Thomas, S. L., Daube, M., Derevensky, J., & Gordon, R. (2016). Creating
symbolic cultures of consumption: an analysis of the content of sports wagering
advertisements in Australia. BMC Public Health, 16(1), 208.
English, P. (2017). Social media boundaries in sports journalism: individual and organisational
gatekeeping in India and Australia. Asian Journal of Communication, 27(5), 480-496.
Fulbrook, J. (2017). Outdoor activities, negligence and the law. Routledge.
James, M. (2017). Sports law. Macmillan International Higher Education.
Kanosue, K., Kogiso, K., Oshimi, D., & Harada, M. (Eds.). (2015). Sports management and
sports humanities. Springer Japan.
Krishna, A. (2013). WOMEN, SPORTS AND THE LAW: THROUGH THE LOOKING
GLASS. International Sports Law Review Pandektis, 10.
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Murray, S. (2013). Sports diplomacy in the Australian context: A case study of the Department
of Foreign Affairs and Trade. Sports Law eJournal.
Palmer, D., & Warren, I. (2013). Zonal banning and public order in urban Australia. Policing
cities: Urban securitisation and regulation in a 21st century world, 79-96.
Windholz, E. (2015). Professional sport, workplace health & safety law and reluctant
regulators. Sports Law eJournal, (2015).
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