That is not a deal

I’m just wondering how naive the AFL and the Essendon Football Club are? For the last few days there has been talk of a high-level deal between them and ASADA relating to AFLgate. This morning The Australian has published the detail of the original “deal” and the revised “deal”.

That is not a deal.

That is a regulatory agency explaining the terms and conditions of the investigation. Something like:

If you cooperate fully, and you have done nothing wrong, you will not be sanctioned.

Sounds just how the system is supposed to work.

It seems to me that there is a conflict of expectations here.

  1. The AFL and Essendon thought that they could “confess” to wrong-doing, hand over a whole lot of circumstantial evidence, and then have the authorities give it the once-over and exonerate them of any wrong-doing.
  2. ASADA thought that they were dealing with self-confessed dopers and this was a clean up operation where they would come, ensure the evidence was all appropriate, identify the dopers, and issue  punishment.

It seems to me that the AFL has been running such a cosy in-house cartel for so long and is so used to everything being done on a nod and a wink that they think everyone else operates the same way.

Bureaucracies simply do not work that way. Law enforcement bureaucracies have convictions as their KPIs, have access to millions of taxpayer dollars to pursue their cases, and little or no actual oversight from a governance perspective. They certainly do not exist to provide comfort to private individuals that they, the individuals, have done nothing wrong. When you call in a bureaucracy – with star chamber powers – to investigate you for wrong-doing, they will find wrong-doing.

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11 Responses to That is not a deal

  1. Token

    ASADA knows that when they approach anyone now the other party will lawyer up as the organisation has proved it must not be trusted.

    The body really can’t practically function any more as the taxpayer will not be able to afford the legal bills they are going to be foisted due to ASADA’s bungling.

  2. Mike of Marion

    I still reckon all this huff and puff will lead to NO COURT HEARINGS – the AFL is dead set scared that they will lose all control of its association if a Court hears and decides what shall be.

  3. H B Bear

    Hard to see exactly where this will end up. The longer it goes the messier it gets.

    Observations around the AFL cartel and its cosy management style are spot on. Between senior AFL management and the club presidents, the place resembles the Melbourne Club dining room at Friday lunch. And that is even before the kangaroo court sits to laughably determine who has brought the game into disrepute.

  4. stackja

    Footy and lawyers reminds me of:

    Buckley v Tutty
    (1971) 125 CLR 353
    linky
    Go to full case at AustLII linky

  5. Lysander

    Sinc I maintain my stance on Essendong sucking; but they are part of a wider sucking (the AFL).

    I love AFL footy (Swans) but the keysian corporate regime of the AFL is much like an Egyptian “democracy.” It has some of the frills of a due system with recourse, appeal and rigour but is completely non-transparent, inconsistent in its findings and outright dictatorial when it comes to sedition.

    The deals they do with the media ensure gagging (in more ways than one) and selective coverage.

    It gives me the shits.

  6. maurie

    A brilliant outcome for the union party who still benefit from alternate front page stories other than the sleaze coming out of the ICAC & the RC both of which continuously reveal just how low they Continue to go! The sense of self entitlement still is not seen by them as the low issue that it is.

  7. struth

    A case of sport imitating life. At least a lot of life here in Australia. Many industries and private citizens are dealing with out of control bureaucracy.

  8. oldsalt

    Dover, nearly everyone with kids in junior footy CARES. Parents are talking about it. All kids have dreams, and footy dads push their dream onto their kids. If the cause of it all, alleged doping, can fly under the radar of a well connected parent like Tim Watson, then all of us are vulnerable, have been naive, and will never again be able to trust an AFL club in the unthinking way we used to.

  9. iamok

    I love AFL footy (Swans) but the keysian corporate regime of the AFL is much like an Egyptian “democracy.” It has some of the frills of a due system with recourse, appeal and rigour but is completely non-transparent, inconsistent in its findings and outright dictatorial when it comes to sedition.

    And it’s a no for profit, so tell me how that works in terms of transparency and member value?

  10. Lysander

    Iamok. I have no fucking idea!!!! :-)

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