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TRANSCRIPT
Regulation of boxing
and combat sports in
Tasmania A discussion paper to review options and
seek submissions from interested persons
April 2011
Sport and Recreation Tasmania
Department of Economic Development, Tourism and the Arts
2
Regulation of boxing and combat sports in Tasmania
A discussion paper to review options and seek submissions from
interested persons
April 2011
Sport and Recreation Tasmania
Department of Economic Development, Tourism and the Arts
3
CONTENTS
1. Introduction ..................................................................................................................... 5
2. What are combat sports? ............................................................................................... 6
2.1 Definition of boxing and combat sports 6
2.2 Professional and amateur 6
2.3 Junior levels 6
2.4 Events and training 7
2.5 The combat sports industry 7
3. How are combat sports currently regulated? .............................................................. 9
3.1 Current legal framework in Tasmania 9
3.2 Australia 10
4. What are the issues?......................................................................................................13
4.1 Safety 13
4.2 Event management 14
4.3 Registration of contestants 14
4.4 Record keeping 15
5. Options for regulation ...................................................................................................15
5.1 No regulation 17
5.2 Self-regulation 17
5.3 Quasi-regulation 17
5.4 Co-regulation 18
5.5 Legislation – making a new law 18
6. Conclusion ......................................................................................................................20
Regulation of boxing and combat sports – submission and discussion questions .........21
Demographic information (optional) .................................................................................25
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How to have your say
Sport and Recreation Tasmania welcomes your comments and invites written submissions on the
regulation of boxing and combat sports in Tasmania.
While there are specific questions for you to answer at the end of this paper, you are also
encouraged to provide information on other issues if you consider them relevant. If you wish to
prepare your own submission, please state clearly the question/issue you are addressing.
How to draft your submission
You can provide your response to the discussion paper using the tick-boxes provided under
questions at the end of the paper, adding text and/or attachments where necessary.
Alternatively, you can download an electronic word version of the document and complete the
questions electronically.
For your submission to be treated as a formal response, you must include your full name,
organisation and position (if applicable) and contact details such as phone, facsimile, and email
address. Anonymous submissions will not be considered.
If you are making a submission on behalf of an organisation, please indicate at what level the
submission has been authorised (for example President, Chair, Chief Executive etc).
How to deliver your feedback
Postal address Boxing and combat sports regulation review
Sport and Recreation Tasmania
GPO Box 646
HOBART TAS 7000
E-mail [email protected]
Fax (03) 6233 5800
Closing date
Submissions close on Wednesday, 25 May 2011.
Confidentiality
Your submission will be treated confidentially.
Sport and Recreation Tasmania is seeking submissions for the purpose of considering options to
regulate boxing and combat sports in Tasmania. The information will be collected, evaluated and
may be included anonymously in departmental publications.
For further information please contact Manager Sport and Club Development, Mark Nash on
(03) 6233 5315.
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1. Introduction
The information in this paper is provided for the purposes of consultation and does not represent
a commitment by the Tasmanian Government to any views or directions inferred by this paper.
Sport and Recreation Tasmania (SRT) is reviewing options to regulate boxing and combat sports in
Tasmania.
Boxing and combat sports, including martial arts, are often portrayed as unsafe, leading to debate
on whether they should be regulated. Medical associations1 in Australia and overseas advocate for
the banning or discouragement of boxing due to safety concerns. The Australian Medical
Association (AMA)2 has also advocated for boxing to be banned from the Olympic and
Commonwealth Games and prohibited for people under the age of 18.
Australian States vary in their approaches to the regulation of boxing and combat sports. Western
Australia, Victoria, New South Wales, Victoria, South Australia and Australian Capital Territory all
have legislation regulating boxing and/or combat sports.
Queensland and the Northern Territory do not have laws specific to boxing and/or combat sports
and there is no Commonwealth (national) legislation. An overview of regulation across Australian
states is provided in section 3.2 of this discussion paper.
Tasmania currently has limited regulatory control under sections of its Criminal Code Act 1924 and
its Police Offences Act 1935. However, this limited regulatory control is reactive in nature rather
than proactive and does not effectively regulate the safety of boxing and combat sports
participants and events.
The aim of this discussion paper is to seek ideas and opinions from stakeholders, including
sporting organisations and clubs, medical associations and government agencies, on the level and
nature of regulation required to ensure the safety of boxing and combat sports participants and
events.
The information gathered during this process will help inform SRT about the safety risks
associated with boxing and combat sports, which form of regulation would be appropriate, where,
when and to whom regulation should be applied, and how regulation should be administered.
SRT is seeking an open and full consultation process with other agencies and interested
stakeholders and participants in the boxing and combat sports sectors. SRT welcomes written
responses to the discussion paper from all interested persons.
1 Australian Medical Association (1997); Sports Medicine Australia (1997); American Medical Association (1999); World Medical
Association (1983); Canadian Medical Association (2001); Zazryn, Finch & McCrory (2003) 2 Australian Medical Association (1997)
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2. What are combat sports?
2.1 Definition of boxing and combat sports
For the purpose of this discussion paper, the term combat sports include those activities defined as
boxing and martial arts, covering all three definitions below:
boxing: fist fighting or sparring
martial art: (a) kickboxing
(b) a contest where the intention of the participants is to strike, kick or
otherwise inflict blows on the opponent
combat sports: a sport or activity in which each participant or contestant is required
to strike, hit, grapple with, throw or punch the other contestant.
Further, the table on page seven provides an overview of the definitions included in the Western
Australia, Victoria, New South Wales, South Australia and Australian Capital Territory legislation
that regulates boxing and/or combat sports in these states.
Combat sports involve children, adolescents and adults participating in a diverse range of activities
from amateur bouts and club-based training to elite professional contests.
2.2 Professional and amateur
Combat sports include professional and amateur codes. Amateur fighters do not compete for
prize money and are more likely to be required to use specific equipment or protective wear such
as headgear. Professional fights sometimes require match injuries to be more severe before the
referee will stop the competition and knockouts may score more highly than other blows and may
even be a fighter’s objective.
Developing practical definitions to clearly separate amateur and professional events is difficult,
however, as the ‘prize’ contested may not be money but another item of value, events may mix
professional and amateur bouts.
2.3 Junior levels
Most sports regulate the minimum age for participation in competition for safety reasons. SRT is
seeking feedback on the minimum age currently prescribed, and whether a minimum age should be
regulated across all combat sports.
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2.4 Events and training
It is acknowledged that many combat sports participants are amateurs training under the direction
of combat sport club or gym instructors. This discussion paper does not propose that a regulatory
regime should be imposed on the regular training activities of these participants. However, many
combat sport clubs and gyms also participate in tournaments within and sometimes between
different codes or styles of combat sports. The competitive rivalry of a tournament may increase
risks of injury and therefore necessitate regulated safety and risk management practices.
2.5 The combat sports industry
The combat sports industry is extremely diverse. While it includes many broadly known
categories such as boxing, karate, judo, kung fu, taekwondo, aikido, kickboxing, jujitsu, hapkido,
mixed martial arts, cage fighting and others, it also includes numerous variations of these and
other lesser known codes.
The recent introduction of a high-definition free-to-air sports channel in Tasmania and other
media coverage of combat sports events have increased the profile of, and interest in, the diverse
range of combat sports, including mixed martial arts and cage fighting.
Clubs and associations offering these sports are not currently subject to any consistent
accreditation or regulatory system that ensures the safety of combat sports participants and
events.
As with other sports, combat sports are often structured, with affiliations between international
federations, national bodies, state bodies and local clubs.
Sanctioning organisations for combat sports designate champions and rank challengers for each
class or category. Contestant matching is determined by rankings, and high rankings determine
who can compete in bouts with large prizes. A lack of consistent regulation could lead to
inconsistent ranking, and mismatched fights.
Where a club or association is not affiliated with a state, national or international structure, there
is greater likelihood of inconsistent practices and rules being applied to tournaments or
competitions.
Unlike other sports, there is currently no state or national peak body for combat sports as a
whole, therefore there is no consistent framework to be applied in terms of skill progression,
accreditation of coaches and officials and event management. For other sports, the national peak
body provides such a framework to ensure consistency in policies and practices and maximise the
safety and quality of participation.
The combat sports industry is very fragmented, making it unlikely that a voluntary regulatory
regime would be consistently implemented or monitored.
Definitions of boxing, combat sports and/or martial arts included in the existing state Acts
State Definition
ACT Amateur boxing contest means a boxing contest otherwise than for a monetary prize or other
reward in money or money’s worth.
Boxing means fist fighting, kick boxing or any other style of fighting in relation to which a class of
boxers is prescribed under the New South Wales Act, and includes sparring in any such style.
Boxing contest means
(a) for this Act generally – a contest, display or exhibition of boxing (other than a contest, display or exhibition prescribed by regulation)
(b) for part 2 (control of boxing contests) – see section 4.
Professional boxing contest means a boxing contest for a monetary prize or other reward in money or money’s worth.
NSW Combat sport means any of the following or a combination of any of the following:
(a) boxing (or fist fighting) in any of its styles
(b) kick boxing in any of its styles
(c) any sport, martial art or activity in which each contestant in a contest, display or exhibition of
that sport, art or activity is required to strike, kick, hit, grapple with, throw or punch one or more other contestants and that is prescribed by the regulations
(d) sparring in any category covered in paragraph (a)-(c), except to the extent prescribed by the
regulations.
Further to (c) above, Clause 4 of the Combat Sports Regulation 2009 prescribes the following sports:
(a) wrestling
(b) muay Thai
(c) Thai boxing
(d) mixed martial arts (MMA)
(e) ultimate fighting
(f) cage fighting
(g) ju-jitsu or jiu-jitsu.
SA Boxing means fist fighting
Martial art means
(a) kickboxing
(b) any sporting or other activity (other than boxing) organised so that contestants engage in a fight principally by inflicting blows on each other.
VIC Boxing means fist fighting
Combat sport means
(a) kickboxing
(b) any sport or activity (other than boxing) in which each contestant in a contest or exhibition of
that sport or activity is required to strike, kick, hit, grapple with, throw or punch the other
contestant, and that is determined by the Minister to be a combat sport for the purposes of this Act.
Note in 2008 Minister for Sport and Recreation James Merlino released a position paper determining that cage fighting is a combat sport for the purposes of the Act.
WA Boxing means fist fighting or sparring
Combat sport means
(a) boxing
(b) any other martial art, sport or activity that involves two or more participants whose primary objective is to do any or any combination of the following:
i. grapple with, punch, kick or throw each other
ii. strike or hit each other, whether or not with a weapon unless it is
Prescribed not to be a combat sport for the purposes of this act.
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3. How are combat sports currently regulated?
In Tasmania, combat sports are currently unregulated. While many organisations have their own
competition rules or codes of conduct, there are no laws, prescribed minimum standards or
authorised bodies to ensure events are run in accordance with consistent procedures and safety
standards.
Victoria, New South Wales (NSW), South Australia and Western Australia have specific legislation
regulating combat sports activities, which is administered by an expert unit within their respective
state sport and recreation departments. The Australian Capital Territory (ACT) has legislation
that regulates amateur and professional boxing and kickboxing only and is administered by ACT
Sport and Recreation in conjunction with NSW Sport and Recreation and the Combat Sports
Authority of NSW.
Queensland, the Northern Territory and Tasmania are the only states that do not have any
legislation regulating combat sports.
The table in section 3.2 of this discussion paper provides an overview of the legislation pertaining
to boxing and combat sports in each Australian state and territory.
Consequences of not regulating combat sports include:
the safety of participants may be compromised
events that are banned in other states being conducted in Tasmania, including events that
involve cage fighting (which is banned in other states)
promoters may avoid restrictions set in other states by bringing their events to Tasmania without due consideration to the rationale underpinning regulations in other states.
3.1 Current legal framework in Tasmania
There is current Tasmanian legislation pertaining to ‘prize fights’, but this legislation pertains
specifically to boxing and does not require participants or promoters to register or apply for
approval to promote contests. Rather, Section 82 of the Criminal Code 1924 specifies:
a person who is involved in a ‘prize fight’ is guilty of a crime
a boxing contest or exhibition which is held with the consent of the Commissioner of Police
shall not be deemed a prize fight.
In addition, Section 49A of the Police Offences Act 1935 defines public entertainment to include
boxing and Section 49B of the Police Offences Act 1935 grants the Commissioner power to control
public entertainments, specifically:
Where the Commissioner is of the opinion that it is fitting
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o for the preservation of public morality, good manners, or decorum
o to prevent a breach of the peace or danger to a performer or other person.
Therefore, while current legislation does not require a person to obtain the consent of police in
order to promote a boxing contest or exhibition, if they do not, there is a risk the event will be
deemed a ‘prize fight’, which breaches the legislation.
Until 2010 Tasmania Police was administering a process whereby organisations wishing to conduct
boxing contests must obtain a permit from Tasmania Police. As Boxing Tasmania offers the only
Australian Sports Commission accredited environment for safe participation and skill progression
in amateur boxing, Tasmania Police required Boxing Tasmania endorsement prior to providing a
permit for amateur boxing bouts in Tasmania.
Following direction from the Ombudsman and in recognition that the current legislation pertaining
to boxing is outdated, Tasmania Police conducted a review of the legislation in 2010. The review
recommended Section 82 of the Criminal Act 1924 be repealed. As part of the review process
Tasmania Police consulted SRT and it was agreed SRT would investigate options to regulate
combat sports in Tasmania.
3.2 Australia
Tasmania is the only state in which police have recently had the responsibility of issuing permits
for boxing bouts.
The table over the page provides an overview of the scope of the legislation in each Australian
state. As the titles of the Acts indicate, the scope of legislation across Australia is not consistent
but varies between jurisdictions.
In general, the respective legislative approaches aim to:
define boxing and/or combat sports
define contests and events and provide for specific requirements relating to their conduct
prescribe an authority/commission/board as a governing body to implement and monitor the legislation
register fighters/contestants
improve medical record keeping
define sector participants such as officials and promoters.
Summary of combat sport legislation across Australia
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Act regulated
by
Scope of Act Overseeing and
administrative
body
Composition of overseeing
body
Role of body and role of State Department of
Sport and Recreation
ACT Boxing Control
Act 1993
Professional and
amateur boxing
and kickboxing
only (other
combat sports not
currently
regulated).
ACT Sport and
Recreation
in conjunction with
NSW Sport and
Recreation and the
Combat Sports
Authority of NSW
The Act essentially ‘subcontracts’
the Department of Sport and
Recreation NSW to register
professional participants and
contests.
Permits from the ACT Minister for
Sport and Recreation are required
to participate in or promote any
contest, amateur or professional.
Participants and promoters of
professional contests must be
registered in NSW.
ACT Sport and Recreation provide recommendations to
the Minister regarding requests for permits. In order to
obtain approval, applicants must be affiliates of Boxing
Australia. Boxing ACT is currently the only organisation
that organises such events in ACT so this does not
present any issues.
A Compliance Officer from NSW travels to the ACT to
attend any professional events and ensure compliance. An
officer from Sport and Recreation ACT accompanies the
NSW Compliance Officer.
NSW Combat Sports
Act 2008
Professional and
amateur boxing
and combat sports.
Combat Sports
Authority of NSW
and
NSW Sport and
Recreation.
Nine members who represent the
boxing, martial arts, legal and
medical professions.
At least one member of the Authority will be present at all
combat sport events. The Authority provides advice to the
Minister on issues related to the industry.
Two NSW Sport and Recreation staff provide
administrative support to the Authority (including
administration of permit system for amateur boxing and
combat sports) and attend events as compliance officers.
Also employing 17 casual compliance officers to cater for
increased contests across the state.
NT Currently no
legislation.
QLD Currently no
legislation.
Summary of combat sport legislation across Australia
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SA Boxing and
Martial Arts Act
2000
Professional or
public boxing and
martial arts.*
An advisory committee
and
Office of Sport and
Recreation (OSR) SA.
Representatives from the boxing,
martial arts, legal and medical
professions.
The advisory committee provides advice to the Minister
(through the OSR) on issues relating to the industry.
One OSR staff member provides administrative support to
the advisory committee and attends events as the
compliance officer.
VIC Professional
Boxing and
Combat Sports
Act 1985
Professional
boxing and combat
sports.*
Professional Boxing
and Combat Sports
Board
and
Sport and Recreation
Victoria.
Representatives from the boxing,
martial arts, legal and medical
professions.
The board is responsible for licensing, registering and
issuing licences to those involved in the sport and provides
advice to the Minister for Sport and Recreation on all
matters relating to professional contests.
Two Sport and Recreation Victoria staff members provide
administrative support to the advisory committee and
attend events as compliance officers.
WA Professional
Combat Sports
Act 1987
Amended by the
Professional
Combat Sports
Amendment Bill
2009 to be the
Combat Sports
Act 1987
Professional and
amateur boxing
and combat sports.
Professional Combat
Sports Commission of
WA
and
Department of Sport
and Recreation (DSR)
WA.
Eight members who are appointed
by the Minister for Sport and
Recreation and represent boxing,
other combat sports, the
Australian Medical Association, the
Police and the Department of
Sport and Recreation.
Commission members attend events as compliance
officers and provide advice to the Minister on issues
relating to the industry.
DSR provides administrative support to the Commission,
through two positions funded by the Commission (which
is funded through the lottery).
*In Victoria and SA the definition of a ‘professional’ contest is such that the Acts it includes most amateur boxing and combat sport contests. However, the Acts contain a
provision for amateur organisations to apply to be recognised as amateur for the purpose of the Act and to therefore be exempt from its requirements.
The NSW and WA Acts do not include this provision; all amateur and professional participants and contests must be registered in line with the Acts.
4. What are the issues?
4.1 Safety
Combat sports, in particular mixed martial arts and cage fighting in most recent times, attract
substantial media attention and medical and public comment and are sometimes portrayed in the
media as unsafe activities.
Combat sports have been linked with injuries to the brain,3 face,4 hand,5 eye,6 kidneys,7 head and
neck,8 as well as fractures,9 sprains and strains,10 lacerations, bruising and inflammation11 and
death.12
Medical associations and councils in countries including America, Britain and Australia advocate
banning or discouragement of boxing.13 However, clear injury statistics for combat sports are
difficult to ascertain.
In 2002, a report prepared for the Sport and Recreation Ministers’ Council on injuries in boxing14
stated that while there is no detailed analysis of the issue of mismatching in the scientific literature,
boxing proponents suggest that reasonable matching of opponents in relation to weight and skill is
extremely important.
The report also noted that despite concerns raised regarding transmission of infectious diseases
from bleeding fighters, the exact risk of this could not be calculated on the basis of existing
evidence.
Combat sports can be perceived as dangerous and unsafe activities as they involve purposefully
inflicting force through striking, kicking, grappling with, throwing and punching, which can cause
harm.
There is currently no regulatory framework to guide the delivery of the diverse range of combat
sports activities (as is typically provided by peak bodies for other sports), therefore no consistent
mechanism to ensure these activities are delivered in a safe manner.
Regulation would provide a mechanism to guide the consistently safe delivery of combat sport
activities. This would then enhance the integrity of combat sports activities.
3 Zazryn, Finch & McCrory (2003); New South Wales Department of Sport and Recreation (2001); Matser et al (2000) 4 Critchley, Mannion & Meredith (1999); Burke et al (2003) 5 Hame & Melone (2000) 6 Ashby & Corbo (2001); Critchley, Mannion & Meredith (1999) 7 Itagaki & Knight (2004) 8 Pieter & Zemper (1999); Critchley, Mannion & Meredith (1999); Burke et al (2003) 9 Gartland, Malik & Lovell (2001); Ashby & Corbo (2001) 10 Gartland, Malik & Lovell (2001); Ashby & Corbo (2001); Burke et al (2003) 11 Zazryn, Finch & McCrory (2003); Critchley, Mannion & Meredith (1999); Burke et al (2003); Gartland, Malik & Lovell (2001) 12 State Coroner Victoria (2005) 13 Brayne, Sargeant & Brayne (1998); Zazryn, Finch & McCrory (2003); Australian Medical Association (1997); Sports Medicine
Australia (1997); American Medical Association (1999); World Medical Association (1983); Canadian Medical Association (2001) 14 Scott et al (2002)
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4.2 Event management
One option to regulate the safe conduct of combat sport events is to establish a requirement for
event organisers to seek State Government approval to hold an event. In obtaining approval, the
organisation would be required to submit an application addressing a set of criteria. Approval
would result in the issue of a permit allowing the organisation to hold the event.
This option would require the development of criteria to assess applications to hold events. Such
criteria would be developed in consultation with the sector and include examination of existing
best practice locally and interstate.
The criteria for approval would most likely incorporate risk management and event protocols in
line with the legislative regulations and rules that exist in other states and cover issues such as:
adequate provision and consideration of information on fighters prior to bouts (such details
as might be required for registration of fighters or medical examinations)
appropriate provision and use of equipment, addressing sport equipment (for example
standards for the ring, gloves et cetera) and first-aid equipment
identification of key personnel required in attendance at events (including medical personnel, security)
guidelines on safety protocols for trainers, umpires, referees, other relevant officials and
audience members
crisis protocols (for example what should happen when a fighter, or other person, collapses or suffers injury)
ensuring easy and rapid access for ambulance personnel and evacuation of venue
anticipation of audience needs and behaviour
accurate record keeping and incident reporting.
4.3 Registration of contestants
If a legislative approach to regulation is adopted, professional combat sport athletes could be
required to be registered with an authority established by the State Government under the new
law. This would allow for the tracking of participants and information such as fight histories,
results, injuries and other data relevant to the health and safety of participants to be officially
recorded.
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4.4 Record keeping
Appropriate recording and information practices can alleviate many of the safety issues referred to
above. If systems are in place to identify and record a professional fighter’s bouts, for example,
including outcomes and any medical implications, the information collected can inform decisions
regarding participation of the fighter in subsequent events either in Tasmania or interstate. If
records are kept regarding how accidents or other incidents occur, how they have been dealt with
and what outcomes ensued, that information can help refine future event management practices.
Collation and analysis of information from events will also assist the industry to understand and
minimise safety risks by identifying the factors contributing to risks. These could include event
management practices, equipment design, environmental or other factors.
5. Options for regulation
In 1997, a Commonwealth Interdepartmental Committee on quasi-regulation proposed the
following definition for ‘regulation’:
“Regulation includes any law or „rule‟ which influences the way people behave. Regulation is not limited to
government legislation; and it need not be mandatory.”15
If a regulatory approach is adopted, key issues to be considered when determining the appropriate
level of regulation include:
effectiveness (extent to which safety and other considerations will be improved)
compliance (extent to which the industry will accept and adopt practices under regulation)
monitoring (capacity to observe how effective the regulation is, how well it is being adopted and how it might be improved)
costs (for the community, the industry and the government).
In addition, if regulation is considered appropriate, consideration will need to address where,
when and to who it applies. For example, whether it should apply to:
amateur and/or professional combat sports
specific ages only
events only (for example tournaments and bouts).
Various levels of regulation exist, from no regulation to ‘black letter law’, that is, explicit
government regulation in the form of legislation. These levels of regulation are illustrated in the
following chart.
15 Commonwealth of Australia (1997)
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Regulatory options
1. No regulation
Competitive market forces prevail
No industry or government intervention
2. Self regulation
Voluntary agreement within industry (sector-wide or through a grouping of organisations)
Codes of practice are often used
No government enforcement
3. Quasi-regulation
Government may assist with identification of issues and development of codes of practice
Ongoing dialogue between government and industry on outcomes
Codes of practice are often used and can be called up into regulations
No government enforcement
Use of policies (e.g. the government may require relevant conditions be met as a prerequisite in its funding policies)
4. Co-regulation
Stronger partnership between industry and government
Government or third-party monitoring and certification
Typically includes codes of practice
Government enforcement
5. Black letter regulation (law)
Industry must comply with regulation
Little flexibility in interpretation and compliance requirements
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5.1 No regulation
There is currently a public perception that combat sports are dangerous and unsafe. Regulation
would provide a mechanism to guide the safe delivery of combat sport activities. It is highly
unlikely that no regulation is an option if the integrity and public perception of combat sports is to
be improved.
5.2 Self-regulation
Combat sports in Tasmania are currently self-regulated. Although there are examples of successful
industry self-regulation, these are rare without some level of State Government regulation
underpinning them.
While some sectors within the combat sports industry maintain high standards of safety and risk
management, the industry is extremely diverse and there are no consistent or coordinated
standards recognised across combat sports.
The organisations within the industry could develop a Code of Practice or a set of industry
standards for combat sports. However, implementation of any such Code or standards would
remain voluntary and would not be enforced by the State Government under a self-regulation
option.
Although industry self-regulation offers the lowest cost option, given the industry’s diversity and
the absence of a peak national or state combat sports body it is unlikely self-regulation would
substantially improve practices across the industry.
5.3 Quasi-regulation
It may be possible to work together with organisations in the industry to develop a Code of
Practice or a set of industry standards for combat sports. However, as with self-regulation,
implementation of any such Code or standards would still remain voluntary and would not be
enforced by the State Government under a ‘quasi-regulation’ option.
At present there are no sources for identifying all combat sports clubs, schools, teachers,
associations or venues in Tasmania. Although there is a range of State Sporting Organisations
representative of specific combat sports in Tasmania, these do not include all combat sports and
do not include professional codes or event organisers and promoters.
Without the capacity to effectively identify and communicate with all stakeholders it is not
possible to assess the extent to which the measures of effectiveness and compliance are
representative of the industry. Therefore the option of quasi-regulation seems likely to be
unworkable.
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Costs associated with a quasi-regulation option may include industry input into development of
the Code of Practice, promotion the Code (through media such as industry publications, regional
newspapers), and administration costs associated with providing information on the Code to
regional stakeholders.
5.4 Co-regulation
The option of co-regulation would involve a partnership between the State Government and
industry, and identification of an adequate approach to monitoring and enforcing compliance.
The effectiveness of co-regulation would be influenced by:
the level of awareness that can be generated regarding the Code or other strategies used
the extent to which the quasi-regulation can be made relevant to all sectors of the combat
sports industry
the perceptions held by industry members regarding the risks to which they may be exposed if they choose not to adopt a proposed Code of Practice.
The effectiveness of co-regulation would be limited to the representation that could be provided
within a partnership forum established for the purpose.
This option would not establish obligatory registration of professional fighters or maintenance of
transparent, accessible records of fighting and injury histories. Regulation of boxing and/or combat
sports in other jurisdictions enforces these outcomes to protect the health and safety of
participants.
As with quasi-regulation, the co-regulation option seems unlikely to be workable given there is no
way of ensuring the whole combat sports industry would be represented in the partnership. The
need to create a monitoring and compliance mechanism would also require significant resources
and costs, including the creation of a forum for partners to discuss issues, reporting on progress
and outcomes, and provision of advice to government relating to the industry. Other costs may
include the need to establish an independent body to provide industry education and training, and
to develop and implement compliance and evaluation strategies. If an independent body was not
established, additional resources within government would need to be allocated for this purpose.
5.5 Legislation – making a new law
Regulation could be introduced to the combat sports industry through the creation of new law, in
line with most other Australian states. As legislation by necessity introduces new legal
requirements, it is an option to be approached with care to ensure the new laws are justified, do
not conflict with other existing laws and do not hinder the development of the combat sports
industry.
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Other Australian states that have introduced legislation have not evaluated the impacts of their
laws sufficiently to demonstrate their effectiveness. However, it seems likely that legislation linked
to appropriate penalties for offences against the legislation would be more effective than industry
self-regulation or co-regulation in maximising the safety of combat sports.
Offences and penalties would need to be developed in consultation with the industry and other
State Government departments, including the Department of Justice and Attorney-General and
the Department of Police and Emergency Management.
Most states support their combat sports legislation by establishing commissions or authorities to
administer the legislation including, for example, the registration of fighters and issuing of permits
for events.
Establishing such administrative bodies does not necessarily overcome the problems of identifying
and communicating with industry stakeholders across such a diverse industry. It does, however,
ensure resources are allocated to develop more substantial links with the industry than would
otherwise exist and those resources can be directed to respond when breaches of the law occur.
Legislation supported by an administrative body may improve compliance and capacity for
monitoring through stronger links with the industry and by providing a point of contact for
enquiries or complaints from the industry’s stakeholders.
Establishing a boxing and combat sports board or advisory committee in Tasmania to administer
the legislation and license, register and issue permits to combat sports participants and to provide
advice to the relevant Minister on matters relating to boxing and combat sports would require
appropriate resourcing.
Given this, and the relatively small number of combat sports events currently held in Tasmania,
the State Government may investigate other options, such as working closely with another state
to administer the legislation.
Legislation supported by an administrative body would be a relatively high cost option, whether it
is a newly formed body or partnering with another state. Costs to the State Government would
be associated with:
staffing the administrative body
funding its programs (including industry education and investigations of complaints and breaches of its legislation)
legal costs related to prosecutions.
The industry may also bear costs such as those associated with:
permit fees (for example for a permit to conduct an event)
registration fees (for example registrations of professional fighters)
other potential requirements under the legislation (for example medical costs to professional
fighters if required to undertake blood tests or annual medical checks, staff costs for
organisations or promoters if the attendance of medical officers at events was required)
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legal costs.
6. Conclusion
A range of concerns in relation to the safety of boxing and combat sports have been raised
internationally and in Australia. Occasionally, incidents in combat sports gain significant media
attention.
While the available research evidence regarding injury in combat sports is limited, the opinions of
authorities such as Australian and international associations of medical practitioners cannot be
discounted.
The Tasmanian Government, through Sport and Recreation Tasmania, is seeking comments
regarding the appropriateness of regulating combat sports in Tasmania and what scope and form
appropriate regulation might take.
Comments on this paper are welcome from any person or organisation with an interest in the
regulation of combat sports in Tasmania.
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Regulation of boxing and combat sports – submission and discussion questions
Your full name:
Phone/email:
If submitting response on behalf of an organisation, name of organisation and your
role:
1. For which boxing and combat sports in Tasmania do you think regulation is
appropriate? Please tick as applicable.
Professional boxing and combat sports
Amateur boxing and combat sports
Competitive events
Training
Open age
Junior age
None (i.e. regulation is not appropriate at all)
Other response (please detail below or attach your comments)
2. Is there a minimum age below which participation in tournaments or
competitions involving physical contact with opponents should be banned?
Yes – the minimum age for competitive participation should be years
No
Other response (please detail below or attach your comments)
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3. Would your response to Question 2 be different if there was a requirement for
written parental consent to be obtained prior to the participation of young
people in competitions involving physical contact with opponents?
Yes No
If your answer is ‘yes’ please indicate how your response would change:
4. A medical assessment should be obligatory for contestants -
Before each bout
After each bout
Both before and after each bout
Not at all
Other (please detail below or attach your comments)
5. Should Tasmanian Government approval (such as a permit) be required to hold
an event?
Yes No
If your answer is ‘yes’, what criteria would need to be met for an event permit to be issued?
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6. What personnel do you think should be in attendance at amateur events? (You
may tick more than one).
Doctor
Paramedics/ambulance
Police
Security
Representative from State Government board/administrative body
Other (please detail below or attach your comments)
7. What personnel do you think should be in attendance at professional events?
(You may tick more than one).
Doctor
Paramedics/ambulance
Police
Security
Representative from State Government board/administrative body
Other (please detail below or attach your comments)
8. What impacts, including costs, would you foresee arising for yourself or your
organisation from the regulatory options canvassed in this paper? (Please
indicate whether you are referring to impacts for yourself or an organisation).
9. How would you or your organisation handle these impacts?
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10. Have you got any suggestions for cost-efficient ways to resolve the issues
identified in section 4 of this paper?
11. What options for regulation, including the option of no regulation, do you
believe would most effectively resolve issues identified in section 4 of this paper?
12. What safety practices do you know of that are currently employed in combat
sports, and are they effective? (Please mention which sport you are referring to.)
13. In your experience, what circumstances commonly lead to injuries in combat
sports?
14. Are there any specific codes (styles) of combat sport which you believe should be
banned altogether?
Yes No
If your answer is ‘yes’ please identify which codes should be banned and explain why you
believe these codes should be banned.
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Demographic information (optional)
We would appreciate you including the following page, or answers to the following questions, in
your written submission. The information collected will be used for statistical purposes only.
Personal information collected will not be provided to a third party.
1. What is your gender? Male Female
2. What is your age? Under 18 18-24 25-34 35-44
45-54 55-64 Over 64
3. Are you involved in boxing and/or combat sports? Yes Go to 3a.
No No further questions.
a. Which sport/s?
b. In what role/s? (e.g. student, fighter, trainer, promoter, parent, medical practitioner etc)
c. How long have you been involved with the combat sports sector?
Less than one year 1 to 5 years
6 to 10 years Move than 10 years
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4. Are you involved in any boxing and/or combat sport clubs, associations or
federations in a capacity other than that of a fighter or student?
Yes
No
a. If ‘yes’, how are you involved?
As an instructor On the management committee
In another role (please provide details)
b. How long have you been involved in this role?
Less than one year 1 to 5 years
6 to 10 years Move than 10 years
Thank you for the time and consideration you have given to providing your views on
these issues.