The case revolves around Daniel Collins, a prominent Australian canoeist with an impressive career, including multiple Olympic and World Championship appearances and several medals. On September 27, 2005, Collins announced his retirement but later expressed his intention to return on November 25, 2005. Under Canoeing Australia’s (AC) Anti-Doping By-law, Rule 8.5.7 required retired athletes to wait 12 months before international competition and 6 months for domestic events after requesting reinstatement. Collins applied for early reinstatement to domestic competitions under Rule 8.5.9, which mandated availability for out-of-competition testing and no prior doping violations. AC approved his request, allowing him to compete domestically from February 6, 2006, despite not being tested during retirement.
Collins excelled in domestic events and was selected for an international World Cup regatta in May 2006. However, the Australian Sports Anti-Doping Authority (ASADA) informed him he was not on the Registered Testing Pool (TRP) for Surf Life Saving Australia (SLSA), raising concerns about his international eligibility. Collins then applied to the Court of Arbitration for Sport (CAS) under Rule 8.5.8, seeking early reinstatement for international competition.
The sole arbitrator, Justice Tricia Kavanagh, reviewed the case under AC’s By-law, which lacked specific criteria for early international reinstatement but allowed reference to Rule 8.5.9’s domestic requirements. The arbitrator found Collins had remained available for testing during retirement, despite not being tested, and had no doping violations. The International Canoeing Federation (ICF) confirmed it had no record of Collins’ retirement, meaning he remained subject to their doping controls.
Due to the urgency—Collins was set to compete within days—the hearing was expedited, limiting input from ASADA and the ICF. The arbitrator concluded Collins met the criteria for early reinstatement, citing his compliance with anti-doping rules and testing availability. The decision permitted Collins to compete internationally before the standard 12-month waiting period, recognizing his clean record and support from AC and the ICF. The arbitrator acknowledged procedural constraints but deemed the evidence sufficient.
In the final ruling on May 5, 2006, the CAS declared Collins eligible for international competition from March 13, 2006, backdating the exemption to validate his selection. The award was ordered public under Rule 59 of the CAS Code, with no costs awarded. The decision emphasized Collins’ clean testing history and absence of violations, justifying his reinstatement. Despite the expedited process, the arbitrator was confident in the fairness of the outcome.