Criminal offences for match-fixing: observations on the current framework and suggestions for future national legislation

Abstract

Match-fixing (particularly when it is linked to betting) poses a significant threat to the integrity of sport in Australia and around the globe. More than a decade ago, the Australian federal, state and territory governments committed to the National Policy on Match-fixing in Sport pursuant to which governments agreed to implement nationally consistent legislation to address the issue of match-fixing. However, in 2018, a review of Australia’s sports integrity arrangements (Wood Review) concluded that the nationally consistent legislation envisaged by the National Policy had not been achieved. Accordingly, the Wood Review recommended that Australia become a party to the Council of Europe Convention on the Manipulation of Sports Competitions (‘Macolin Convention’), allowing the enactment of national match-fixing criminal legislation. This article examines the different approaches to the formulation of match-fixing offences from within Australia and overseas and offers suggestions for how the Commonwealth should approach key aspects of any future national criminal legislation for match-fixing, including in relation to scope, jurisdiction, inside information, disclosure, and the protection of whistle-blowers.