Rights and responsibilities

• Pregnant sportswomen should make their decisions themselves, in consultation with their medical advisers and in discussion with their sport.
• Sporting organisations have certain responsibilities, such as preventing discrimination in sport and taking reasonable care to ensure the continuing safety, health and wellbeing of all participants.
• A ban on pregnant women's participation in sport may contravene state and federal anti-discrimination laws.
• Organisations can ask all participants to provide information concerning their health- including a pregnancy- that may be important to a treating doctor should an accident occur. However, participants are not obliged to provide this information. (see the ASC's guide to best privacy practices for sporting organisations under resouces).

A mother can provide

• • A legal disclaimer that she will not take action against an organisation and
  • an indemnity (protection for costs) for any action her child may take against an organisation in the future.

However, a mother cannot sign a disclaimer on behalf of her unborn child.

• Organisations should ensure that their public liability insurance, professional indemnity insurance, and directors and officers insurance are current and do not contain exclusions for pregnant participants.
• Administrators of sporting organisations should seek up to date information on the benefits and risks of exercise during pregnancy. (see resources)

Reference: The Australian Sports Commission Women in Sport Policy, pregnancy in sport guidelines reproduced with permission from http://www.ausport.gov.au

Pregnancy and exercise: Useful facts

• Sports medicine Australia's pregnancy statement refers to numerous benefits for women remaining active during pregnancy. (SMA's Pregnancy statement)

- http://www.sma.org.au

• Pregnancy is a natural condition rather than an illness and unless there are complications, it should be possible to enjoy some sport at soe level throughout most of pregnancy. http://www.sma.org.au
• There is no proof that a women playing sport has ever damaged her unborn child, however it should be noted that there is also little recorded evidence on the issue. http://www.asuport.gov.au/women/pregnancy.asp there are no recorded legal cases in Australia in which a child who has sustained sports-related prenatal injuries has taken action against a mother, a mother's doctor, an organiser or an official of the sport, or  a fellow participant.

http://www.ausport.gov.au/women/pregnancy.asp

Reference: The Australian Sports Commission Women in sport Policy, Pregnancy in sport guidlines Reproduced with permission from http://www.ausport.gov.au/

Responding to the issue: some guidelines

Check if your sport has a policy to guide you in dealing with this issue. Your sport should provide assistance in how to respind to this matter.

Some General guidelines

• Respect and support the rights of women who wish to continue exercising while pregnant.
• Explain that the organisation has responsibilities such as preventing discrimination in sport and taking reasonable care to ensure the continuing saftey, health and wellbeing of all participants.
• Advise participants that there may be potential risks involved and the primary concern is about the health and wellbeing of the unborn children.
• consider providing participants with general information about exercise in pregnancy and guidelines that catergorise sport according to the level of safety for the pregnant athlete. This should come from a reputable source like sports medicine Australia. (link fact sheet no.2: Exercise in pregnancy. http://www.sma.org.au
• Avoid giving advice that you are not qualified to give (e.g.about the medical risks to an particular individual), and encourage pregnant athletes to obtain and act on professional medical advice, particularly about the risks of continuing to play and when to stop.
• Consider asking the pregnant women to sign a legal disclaimer form but understand that a mother cannot sign a disclaimer on behalf of an unborn child.
• Seek professional medical or legal advice when neccessary and ensure that this advice is available to coaches and officials when required.

Reference: The Australian Commission women in Sport POlicy, Pregnancy in sport guidelines. Reproduced with permission from http://www.ausport.gov.au

Key considerations for administrators in risk management

• Be aware of relevant federal, and state or territory anti-discrimination legislation and occupational, health and safety legislation and how it affects your organisation and sport.
• Evaluate and have in place policies and measures to limit the likelihood of pregnant participants being harmed and take reasonable care to ensure that such measures are carried out. Sports need to assess their risk for inquiry for all their members. SMA has informed about how to prevent injuries in specific sports. http://www.smartplay.com.au
• Ensure that policies are in place to outline the organisation's commitment to equal opportunity and avoiding discrimination, particularly where pregnant women are concerned, and review the rules and regulations, and the organisation's constitution, with this in mind.
• Ensure that everyone in your organisation understands these policies and commitments. it is important that the policies are continually updated.

Depending on the sport consider developing a statement about the participation of pregnant athletes in your sport. Elements of a statement could include that the sport will:

• Provide general information about exercise in pregnancy guidelines that categorise the sport according to level of safety for the pregnant athlete.
• Advise participants that there may be risks involved.
• Advise participants to ontain medical.
• Advice about those risks.
• Encourage participants to be aware that their own health, and the wellbeing of their unborn children, are of utmost importancein their decision about whether to continue playing sport.

• Provide a clear statement containing this advice in the registation form for your sport or competition, or in similar documents, and display a similar notice in a prominent place where all will see it.
• Ensure that coaches select participants on the basis of merit and capability.
• Ensure that insurance policies are up to date and provide appropriate cover.
• Seek legal advice when necessary.

Reference: The Australian Sports Commission, Pregnancy in sport Guidelines, Reproduced with permission from http://www.ausport.gov.au

Dr Elizabeth Clisby video presentation

Jan Stirling- My approach with pregnant players