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

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Bob81

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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??
 

Mr Mojo Risin

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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.
 

Jade

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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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Dave

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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).
 

DofA

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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.
 

efcboy

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I guess Gold Coast provided a safe workplace when they also employed dank/Robinson....and provided illegal substances to players such as nathan bock.

I guess Melbourne provided a safe workplace when they contracted Dank to provide supplements such as aod9604 and thymomodulin to their players...

I guess Geelong provided a safe workplace when they ordered drugs from questionable suppliers out of the Ukraine through Dank...
 

efcboy

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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.
Why is this a court case - workplace have issued a $350k fine and EFC are not contesting? Is it just a formality required?
 
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That's a big assumption. Especially the players no longer at the club.. or any other club for that matter.
Even if they do it's going to be hard.

1.They agreed/signed to be a part of the program if they were that concerned they would have said no it's not like the club forced players to participate.

2.They had plenty of opportunity leave once the breaches occurred but they didn't.
 

fishardansin

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lol at the htb thinking this is proof the players need need to sue the club.

The players don't care any more the club will cop it's whack,pay the fine and then move on.
I hope they sue the club. Those poor boys have copped it hard because of our club. First the program to begin with, then the terrible management of it.

Once the story broke we were WAY to weak and lost the narrative. Then we didn't submit and mea culpa which got the mob angrier, only to submit after that.

The stress this put on the players is terrible.
 
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