THE LONG-AWAITED report into the AFL's investigation of Essendon's 2012 supplements program has largely endorsed the League's conduct during the drawn-out saga, notably reinforcing its right to run joint investigations with ASADA and to negotiate settlements with clubs or players charged with anti-doping offences.

The AFL and ASADA launched a joint investigation of Essendon's supplements regime in February 2013 and, after ASADA released an interim report later that year, the AFL found the Bombers guilty of bringing the game into disrepute and hit the club with a series of crushing penalties that included:

  • a $2 million fine
  • the loss of first- and second-round draft picks across the 2013 and 2014 drafts
  • a ban from the 2013 finals series

Essendon and Bombers coach James Hird later challenged the legality of the investigation at the Federal Court but lost, with Hird also losing a subsequent appeal he brought on his own.

Thirty-four past and present Essendon players were cleared of anti-doping charges by the AFL Anti-Doping Tribunal on the eve of the 2015 season, but WADA successfully appealed that verdict at the Court of Arbitration for Sport, resulting in those players serving a one-year suspension during 2016.

On Tuesday the AFL released the report it commissioned into the Bombers investigation and also announced rule changes it has made since 2013.

Those changes include:

  • the AFL CEO will no longer be part of the Commission's decisions in relation to breaches or sanctions. The CEO will oversee the processes of the investigation, the decision to charge, negotiations with affected parties on sanction and the presentation of the AFL case to the Commission
  • the Commission or AFL general counsel can now refer matters in whole or in part to a tribunal or other body, including a sub-committee of the Commission
  • club officials must be registered
  • clarifications and additions to general offences under the AFL anti-doping code
  • stronger regulation of access to venues on game day
  • a new rule to strengthen protections for persons who provide information to the AFL as whistle blowers

Outgoing AFL chairman Mike Fitzpatrick said the AFL investigation had been tested and challenged by external courts, and the processes had withstood those challenges.

"The AFL acted within its rules, and with respect to our commitments to the WADA and ASADA framework," Fitzpatrick said.

"The fact that the AFL rules and associated processes have withstood those challenges reinforces the importance of key values that underpin our governance:

  • commitment to integrity and a doping-free sport
  • the right of the Commission to establish the rules for our competition, by which all players, staff and officials must be held accountable
  • the right of the Commission to make and enforce sanctions for breaches of the rules of our competition
  • the rights of all players, staff and officials to appeal to external legal jurisdictions."

The report also said the AFL look forward to "ongoing discussions" with ASADA and WADA regarding:
· "the challenges" of prosecuting investigation-based doping offences (as opposed to offences involving positive drug tests).
· The application of ASADA processes to a team-based sport like the AFL.