AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex
A-League. This means that each club is sub - ject to a limit in respect of the amount they are allowed to spend on athlete contracts. 7.2 Employer/Employee Rights Most jurisdictions in Australia have implemented a single set of work health and safety laws that are known as the model Work Health and Safety (WHS) laws. The main object of the WHS laws is to provide a framework to secure the health and safety of workers and workplaces which is consistent across the states and territories of Australia. Within those states and territories which have implemented the model WHS laws (currently all jurisdictions in Australia other than Victoria and Western Australia), any “person conduct- ing a business or undertaking” must, so far as is reasonably practicable, ensure the health and safety of: • workers engaged, or caused to be engaged, by the person; and • workers whose activities in carrying out work are influenced or directed by the person, while the workers are at work in the business or undertaking. The duty to ensure the health and safety of workers captures both the relationship between sporting clubs and the athletes that they employ, as well as between the governing bodies and the athletes that play in the competitions that they manage and oversee. 7.3 Free Movement of Athletes Relevant Visas The Department of Home Affairs in Australia offers a Temporary Activity Visa, which allows foreign persons to play, coach, instruct or adju - dicate for an Australian sports team, or to under -
take high-level sports training within a sporting organisation in Australia, for a period of up to two years. In order to be eligible for a Temporary Activity Visa, applicants must: • have a sponsor or supporter; • have a contract and letter of support from a peak sporting body; and • not work outside of the specified sporting activities. The popularity of esports within Australia has started to grow over the last few years, with sporting organisations, such as Motorsport Australia, creating esports platforms where users can engage in competition, learning and development. However, the esports market in Australia remains relatively small compared to the global market. Whilst the Australian esports market continues to take shape, Australians are utilising the inter - national market. Notably, Anathan “ana” Pham won the International Dota 2 Championships in both 2018 and 2019. Within a mere five years of competition, he won over USD6 million in prize money before his retirement in 2021. 8. Women’s Sport 8.1 Women’s Sport Overview Australia also had success in the Apex Legends Global Series, with Australian team DarkZero, made up of Rhys “Zer0” Perry, Noyan “Genbur- ten” Ozkose and Rick “Sharky” Wirth ultimately winning the 2021-22 competition and taking home AUD500,000 for their efforts.
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