Hansard debates

Ms SPRINGLE (South Eastern Metropolitan) tabled following statement in accordance with Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the charter) I make this statement of compatibility with respect to the Major Sporting Events Amendment (AFL Grand Final Tickets) Bill 2017.

In my opinion, the Major Sporting Events Amendment (AFL Grand Final Tickets) Bill 2017, as introduced to the Legislative Council, is compatible with human rights as set out in the charter. I base my opinion on the reasons outlined in this statement.

Overview

The Major Sporting Events Amendment (AFL Grand Final Tickets) Bill 2017 provides for the AFL Grand Final to be a sports ticketing event and sets out specific ticketing requirements for that event and for other purposes.

The bill includes a requirement that 'at least one-half of all tickets to the AFL Grand Final must be made available for sale or distribution to members of the competing football teams'.

Any tickets allocated for this purpose but not sold 'must be made available for sale or distribution to the public generally'.

These amendments provide for a significant increase in the number of grand final tickets available to AFL club members and potentially the general public.

Human rights issues

I am of the view that this bill engages the cultural rights of Victorians contained in the charter.

Given the role of the AFL as an event of national cultural significance, it is also worth noting that the human rights implications of this bill extend beyond Victoria to many other Australians who follow the Australian Football League.

I am also of the view that while there is limited legal basis of a right to sport per se, increased access to sport and recreation has a role to play in promoting a range of human rights in addition to cultural rights.

Cultural rights

Section 19 subsection (1) of the charter protects the right of all persons with a particular cultural background to enjoy his or her culture.

The International Covenant on Economic, Social and Cultural Rights addresses a broader range of cultural rights compared with the charter.¹

Article 15, section 1, states that 'the states parties to the present covenant recognise the right of everyone … to take part in cultural life'.²

The AFL is fundamental to the social and cultural fabric of Victoria, and to our contemporary sense of cultural citizenship.

Indeed public enjoyment of the AFL Grand Final as a major sporting and cultural event is protected in federal legislation in relation to broadcasting.

The AFL Grand Final is included on the tier A anti-siphoning list which protects 'access [via free-to-air broadcast] to events of national importance and cultural significance'.³

This bill is designed to increase the extent to which Victorians have the ability to participate in one of the major sporting and cultural events in this country, reducing the extent to which significant cost is a barrier to participation.

I contend that in doing so, it contributes to promotion of the cultural rights of Victorians.

Sport and the promotion of human rights

Legal scholars have examined whether a legal basis exists for a right to sport in Australia, concluding that while there is little evidence of an express right to sport, there is good evidence that sport has the capacity to promote and protect a range of protected human rights.⁴

This finding is supported by the Declaration of the United Nations 2030 Agenda for Sustainable Development, which recognised the role of sport in social progress as follows:

'Sport is … an important enabler of sustainable development. We recognise the growing contribution of sport to … its promotion of tolerance and respect and the contributions it makes to the empowerment of women and young people, individuals and communities as well as to health, education and social inclusion objectives'.⁵

Summary

In summary, I am of the view that this bill will engage with cultural rights as protected by the charter by promoting cultural rights.

It does not place any limitations on rights contained in the charter.

I am therefore satisfied that the Major Sporting Events Amendment (AFL Grand Final Tickets) Bill 2017 is compatible with the Charter of Human Rights and Responsibilities Act 2006.

¹ Michael Brett Young, 'From Commitment to Culture: The 2015 Review of the Charter of Human Rights and Responsibilities Act 2006': http://assets.justice.vic.gov.au/justice/resources/3848843f-afd1-47a5-9279-
1a1a87ac2aad/report_final_charter_review_2015.pdf

² 'International Covenant on Economic, Social and Cultural Rights', adopted and entered into force 3 January 1976: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx

³ Department of Broadband, Communications and the Digital Economy Future Anti-siphoning List: http://www.abc.net.au/mediawatch/transcripts/
1135_antisiphoning.pdf; David Rowe, 'To Serve and To Sell: Media Sport and Cultural Citizenship', University of Newcastle: http://www.hrca.org.au/
wp-content/uploads/2008/05/how-you-play-the-game-fin.pdf

⁴ Danielle Ireland-Piper and Kim Weinert. (2014) 'Is there a “Right” to sport?': ISSN 1836-1129: http://epublications.bond.edu.au/cgi/viewcontent.cgi?
article=1020&context=slej

⁵ Resolution A/RES/70/1 adopted by the General Assembly on 25 September 2015, 'Transforming our world: the 2030 Agenda for Sustainable Development': http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/70/1