Anti-doping regulations and the presumption of incapacity: athletes who are minors in Australian sport

Athletes, whether they be adults or minors, contract with their sporting body to compete and agree to be bound by the WADC. The WADC applies to all athletes, regardless of age. This is problematic given that a minor should not, and indeed cannot, assume the same obligations or bear the same responsibility as an adult. Given the potentially significant consequences, there are questions about a minor’s capacity to provide informed consent in entering into the contract. This article argues that a contract entered into by a minor to comply with the WADC will be problematic as they lack capacity.