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No Oppo Supporters CAS hands down guilty verdict - Players appealing - Dank shot - no opposition - (cont in pt.2)

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It really is a "no shit Sherlock" result from Worksafe and should be treated as such. If everything was recorded and could be proven etc we would've nipped this in the bud in early 2013.

I can see the foamers determining this result shows that Worksafe have extra evidence they can give to WADA to present at CAS.
 
All in all its probably the fine/punishment that should have occurred 3 years ago, and it should have ended at that. its even the body that should have been in charge of handing out that penalty.
AFL imposes its own bans on support staff in line with what they want to accomplish to avoid future occurrences/image control, the entire league has its procedures tightened and we move on as an industry.

Of course that would be too reasonable and would have sold 75% less newspapers. They tried the scorched Earth approach, the media latch on thinking its the greatest doping scandal in Australian sport and everyone's surprised when those that were targeted fought back (individuals and the club). No body wins except the Lawyers and Reporters.
 

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Meh, do the crime and all that..... we ran a shitty supplement program that we were unable to categorically prove was not illegal or not harmful.

We deserve the punishment. Take it and move on.
You could also suggest that no one has been able to prove that the supplement program was illegal or harmful so what is the punishment for?
 
You could also suggest that no one has been able to prove that the supplement program was illegal or harmful so what is the punishment for?

Because we can't prove that it was LEGAL and NOT HARMFUL?
 
I can see the reason but i still think its dangerous to start treating AFL clubs as a workplace (although it is) in the OH+S sense.

If a player gets pole axed by some other player that forces them to deal with lifelong injury does workcover pay compo to them??

Does Essendon/AFL submit to workcover audits like my employer does??
 
Because we can't prove that it was LEGAL and NOT HARMFUL?
Prove to me you didn't murder someone on the weekend.

Again it's law as seen in The Castle. It's the vibe.

Show me where in:
https://www.worksafe.vic.gov.au/laws-and-regulations/employer-rights-and-responsibilities

or

https://www.worksafe.vic.gov.au/laws-and-regulations/occupational-health-and-safety/compliance-codes

that it's required for us to be able to maintain records to prove legal compliance?

The onus is on WorkSafe Victoria to prove we did not provide a safe workplace.

https://www.worksafe.vic.gov.au/__data/assets/pdf_file/0015/12633/NHSR_presentation_-_28.02.2011.pdf

  • Burden of proof lies with prosecution
  • Š Right to prosecute offences resides with State
  • Š Maintenance of local criminal justice regimes
  • Š Sentencing and penalty provisions harmonised
  • Š Broad suite of penalty options
  • Š Inspectors can exercise powers across borders
  • Š Inspectors have the power to compel answers

I'm of the opinion that the club should cop this. But your argument does not hold.
 
Prove to me you didn't murder someone on the weekend.

Again it's law as seen in The Castle. It's the vibe.

Show me where in:
https://www.worksafe.vic.gov.au/laws-and-regulations/employer-rights-and-responsibilities

or

https://www.worksafe.vic.gov.au/laws-and-regulations/occupational-health-and-safety/compliance-codes

that it's required for us to be able to maintain records to prove legal compliance?

The onus is on WorkSafe Victoria to prove we did not provide a safe workplace.

https://www.worksafe.vic.gov.au/__data/assets/pdf_file/0015/12633/NHSR_presentation_-_28.02.2011.pdf



I'm of the opinion that the club should cop this. But your argument does not hold.

Yeah fair point.

Be interested to see the nature of the charges.
 

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I am interested in how Worksafe prosecute the case in court and how EFC defends the charges - At least we will gain more background information about the whole saga.
 
I can see the reason but i still think its dangerous to start treating AFL clubs as a workplace (although it is) in the OH+S sense.

If a player gets pole axed by some other player that forces them to deal with lifelong injury does workcover pay compo to them??

Not if it was as a result of contact you'd reasonably expect to receive when playing football.

You can't knock someone over on the street - see the silly lady at the races - but you wont get charged for doing so on the footy field (if it's done legally within the laws of football).
 
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Wasn't the complaint lodged by a "member of the public" for worksafe to investigate? may be a little hard but there is a certain person who writes very, very, very long letters to "important" people (Personally i doubt those "letters" ever get to these people) who has banged on about workplace safety for a considerable period of time again? Is it wrong that I feel mad at the person who lodged the complaint rather than the club over this one?

Yes, i understand we put ourselves in this situation ourselves, but this seems to be something that has been brought on by a disgruntled member than worksafe themselves. I seem to recall they originally came out and said they wouldn't be investigating until the complaint was made; which they are legally obligated to do once said complaint is lodged.
 
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