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VWA Decision Critique and AFL Inquiry

The document is a letter from Bruce Francis to M/s Amies regarding an investigation by the Victorian WorkCover Authority (VWA) into whether to charge the Australian Football League (AFL). Francis expresses disbelief that the VWA did not properly explain its reasons for not charging the AFL, as is required by law. Francis notes a court case that supports this, and says neither he nor his followers have confidence in the VWA's decision. He also questions whether the VWA asked the AFL to provide a report into its own secret internal investigation in 2013 that revealed governance failures and sweeping changes, suggesting it involved a disaster like that of Essendon Football Club. Francis urges the VWA to reassess its decision and demand

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8 views1 page

VWA Decision Critique and AFL Inquiry

The document is a letter from Bruce Francis to M/s Amies regarding an investigation by the Victorian WorkCover Authority (VWA) into whether to charge the Australian Football League (AFL). Francis expresses disbelief that the VWA did not properly explain its reasons for not charging the AFL, as is required by law. Francis notes a court case that supports this, and says neither he nor his followers have confidence in the VWA's decision. He also questions whether the VWA asked the AFL to provide a report into its own secret internal investigation in 2013 that revealed governance failures and sweeping changes, suggesting it involved a disaster like that of Essendon Football Club. Francis urges the VWA to reassess its decision and demand

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Dear M/s Amies

I sent you an email on 21 November 2015 and at point 14 (v) & vi) stated:

I know that VWA has treated me like a fool since my first approach in August 2013,
but the organisation has pushed it too far this time. I cant believe VWA thought I
was so stupid that I wouldnt check the Act. You can imagine my shock/horror when I
discovered that the general counsel inadvertently forgot to complete the sentence
of 131(2)(b). Your general counsel omitted the words or

give reasons why a

prosecution will not be brought [my emphasis].

My nephew, who is a solicitor practising in NSW, advised me that the


reason/excuse given to me by general counsel for not charging the AFL does not
meet VWAs obligations as set out in 131(2)(b). He has promised to supply me with a
truck load of case law to prove that the VWA didnt give me adequate reasons as to
why it decided not to charge the AFL. I shall furnish examples next week.
Instead of sending me a truck load of examples to prove that VWA breached the Act, my
nephew sent me, as C W McCall would say, a Convoy of examples. One should suffice. Kocak
v Wingfoot Australian Partners [2012] VSCA 259 makes it very clear that the VWA was
required to give me proper, understandable, adequate reasons for rejecting my claim, which
deal with the substantial points which I raised. It goes without saying that the Victorian
parliament was at pains to ensure that I, and my million or two followers, have confidence
in the VWAs decision making.
Guess what? We dont have confidence in the decision. We cant imagine the VWA has ever
made a worse decision. I suspect that instead of engaging QCs to run future cases, Victorian
employers will be approaching the AFL to defend them.
While I have your attention, could you please tell me whether your investigators were bright
enough to ask the AFL to table the report emanating from the secret investigation the AFL
conducted in February, March and April 2013 into its own governance failings? I imagine it
was a similar report to the Switkowski Report. The fact that the AFL even conducted an
investigation into itself was supposed to be kept a secret but Andrew Demetriou couldnt
help himself and boasted to the Australian newspaper (9 April 2013) that the AFL had made

SWEEPING CHANGES [my emphasis] to its procedures. I dont know about you but to
me sweeping changes conjures up a picture of fixing a disaster of Essendon proportions.

When you order your staff to reassess their appalling decision not to charge the AFL, I
suggest you demand that they insist that the AFL hands over the report into its governance
failures.
Yours sincerely
Bruce Francis

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