The Australian Sports Commission – Mandatory Governance Principles

The Australian Sports Commission (the ASC) released the Sports Governance Principles in 2002 (revised in 2007 and 2012) as a response to the increased importance of governance practices in the performance of sporting organisations. In 2013, seven highest funded sports were required to comply with the Mandatory Sports Governance Principles (the Principles).

In 2015 the ASC has increased, from seven to fifteen, the number of sports that are subject to compliance with the Principles. Those 15 sports are assessed through the annual sports review process with the review being “a vital part of accountability for sports receiving public funding”. Compliance is assessed on a range from ‘not in place’ through to ‘optimised’ and the assessments are based on evidence provided by NSOs during the review process. Compliance with the Principles is a condition of funding.

The Principles generally come within three functional areas:

  1. Structure of the sport;
  2. Board composition and operation; and
  3. Board transparency, reporting and integrity.

NSO’s as part of the Principles are required to achieve a target of 40% representation by women at senior executive levels and as members of the Board. The targeted date is to be agreed as part of the conditions of funding between the NSO and the ASC.

While the ASC has identified those sports which receive high levels of public funding, the Principles apply equally to sports which are not included in the targeted group. The Principles adopt “better” practise and consequently they should be the base line standards for adoption by all NSO’s and indeed NFP organisations generally.

The Principles are available on the ASC’s home page at http://www.ausport.gov.au/ais/australias_winning_edge/mandatory_sports_governance_principles.

Should you have any questions regarding the application of the Principles in your own sporting environment please contact Peter McGrath, Partner.

Essendon, AFL, ASADA and WADA – what is it all about?

Yesterday the Court of Arbitration for Sport handed down its Panel decision in World Anti-Doping Agency v. Thomas Bellchambers etc al., Australian Football League, Australian Sports Anti-Doping Authority (CAS 2015/A/4059). This post is a brief explanation of what has gone on in this disappointing saga of Australian sport involving one of the oldest and most …
Read more

Duties and Obligations for Charities

The introduction of the Australian Charities and Not-for-profit Commission Act (ACNC Act) and the Australian Charities and Not-for-profit Commission Regulations (ACNC Regulations) on 3 December 2012 changed both directors and company obligations for charities in Australia. The ACNC Act established the Australian Charities and Not-for-profit Commission (ACNC) which has largely replaced the Australian Securities and …
Read more

Brumbies in Crisis

At what point does it become obvious that an organisation is in crisis and that urgent action is required. The litany of governance issues which have beset the Brumbies organisation in the last 12 months reads like a fiction story.  That these are real events in the history of a great organisation is a demonstration …
Read more