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Set policies and procedures to ensure proper compliance with standards their
professions demand
Provide the formal Quality Assurance for the provision of their professional expertise
Hire and fire, performance manage and therefore promote and remunerate staff within
their department
This meant that Hird only had authority over, and responsibility for, Mark Thompson,
Brendan McCartney, Simon Goodwin and Sean Wellman.
Dotted line accountability denotes consultation, advice and provision of expert services. This
meant that Hird could consult with, and seek advice from Dean Robinson and Danny
Corcoran. He had no power to admonish, let alone discipline Robinson or Corcoran or
anyone in any department other than his own coaching department.
Every organisation is subject to legal and regulatory framework that is general to all
organisations. In addition, there are legal and regulatory requirements and enforcement
agencies particular to specific industries such as professional sport. The board is obliged to
ensure the chief executive establishes an organisation, policies and procedures that comply
with all legal and regulatory requirements. The appropriate professional is delegated
responsibility and authority for designing and enforcing rules and processes to ensure
compliance. At Essendon, the line of authority for the supplementation program was Robson,
Hamilton and Robinson, with the proviso that Dr Reid could not be overruled.
No executive in a line role, as is the football and coaching departments, is expected, or indeed
allowed, to establish policies, introduce procedures or intervene or ignore the application of
any such rules and regulations. In large corporations there are Board Risk Sub-Committees
that are established to ensure a direct line to the board if any staff considers there are
breaches of proper practices. For example, this occurred in the David Jones-Mark McInnes
matter. In any public company, the chief executive himself could not act in direct
contradiction to a formal opinion by a lawyer or accountant that spoke of non-compliance.
To illustrate the increasing obligations of major organisations, in the last few years,
significantly upgraded OH&S compliance obligations have been imposed on company
directors which include criminal and civil penalties for offences. The board and chief
executive are obliged to ensure all laws and regulations are enforced and the onus is on them
to prove that they were in place and that ALL relevant and affected staff, those impacted as
well as those with authority and responsibility is apprised of their respective rights, duties and
obligations.
8.4
Hird Background
James Hird was appointed senior coach of Essendon Football Club in September
2010.
Hird was on his own branch of the Essendon organisation structure and reported
directly to Chief Executive Officer, Ian Robson. (see Essendon organisation
structure chart on page xxx).
Hird had four assistant coaches reporting to him - Mark Thompson, Brendan
McCartney, Simon Goodwin and Sean Wellman.
The Football Department was on a different branch of the organisation structure
from Hirds coaching branch, and the football department was run by Paul
Hamilton, whose title was General Manager Football Operations.
Hirds Coaching Department, and Hamiltons Football Department, only had a
broken line link. Hird had no link to Hamilton.
Hamilton, like Hird, reported directly to CEO, Ian Robson.
The Executive Team at Essendon (see attached chart page xxxx) comprised;
Although Hird reported directly to the chief executive, Ian Robson, he, unlike those
named above, was not a member of the executive. Note the absence of the *
alongside Hirds name on the executive organisation chart.
The High Performance Unit was run by Stuart Cormack until June 2011, and then by
his replacement, Dean Robinson, from August 2011 until February 2013.
The High Performance Unit formed part of the football department and Cormack,
and then Robinson, reportedly directly to Hamilton.