[Linux-aus] [OT] What's a peak body?

[James Polley]

On Mon, Apr 30, 2012 at 8:25 PM, Russell Stuart <
russell-linuxaus at stuart.id.au> wrote:

> On Mon, 2012-04-30 at 17:57 +1000, James Polley wrote:
>
> > No. The "AFL Commission" is *not* "the AFL peak body", which is what
> > you were asking about.
>
> This is as you said pointless irrelevant pedantry, but you've force me
> to go looking.  As far as I can tell you are wrong.  The peak body is
> the AFL Commission.


I was expecting to get a definition of "peak body", but since we're just
assuming we know what we mean..


> That might mean it is a peak body, but
> it also might mean it is just an entity created by the AFL Commission to
> do it's bidding - maybe for legal reasons.
>

[2] from your list of citations says, right at the top:

ON DECEMBER 4, 1985, the then VFL Board of Direct­ors resolved to appoint a
Commission with specific powers to administer the competition.


So it seems clear that the VFL (now known as the AFL) existed and created
the Commission.

The 3rd paragraph (and the  makes this even more clear: it details what
powers the AFL delegated to the Commission.

It seems unlikely that the AFL Commission could "created ... for legal
reasons" an entity that existed long before the Commission itself did, let
alone the entity that defines what the Commission's responsibilities are.

Then in 1993 as [2]
> explains, that incorporated entity disbanded itself and ceded power to
> the AFL Commission which is also run by people exclusively elected by
> the clubs.
>

Nothing was disbanded in 1993. The League ceded more powers to the
Commission, but did not disband.


> The point being the AFL is ultimately operated by the clubs - and that
> is unlikely to change.  So if the company is the peak body it must also
> be owned an operated by the clubs, so the clubs must elect two sets of
> people - one set to operate the AFL Commission, and one to operate the
> company.


No. The 1993 restructure effectively merged the Commission and the Board of
Directors - that is, anyone appointed to be a member of the Commission is
also a member of the AFL's Board of Directors.


> This sounds like an inefficient way of doing things - it would
> be far easier to just have the AFL Commission own the company.


But your own sources make it clear that, as easy as this would be, it's not
what exists. Instead we have a complicated structure where the owners of
the League (themselves corporate bodies) appoint the members of the
Commission, who then act in the capacity of Directors of the League.


> [2]
> http://www.afl.com.au/news/newsarticle/tabid/208/newsid/2504/default.aspx
>
>
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