smac wrote:I'd argue that your analogy is (still) flawed. If you had a group of representatives elected to act in the interests of the rest of the tenants then the situation changes completely, doesn't it?
Not if those representatives
also have to act in the interests of the SMA. Which in this case, due to their role as SMA directors, the 8 members of the SMA are duty bound to do. When acting as SMA directors, they must consider what is in the interests of the SMA first and foremost. Otherwise they are failing in the directorial duties and could well be punished by ASIC.
So, when a dispute arises, over say the use of the premises on any given day then how are these individuals going to deal with the potential conflict...?
eg. Let's say SANFL grand-final day also happens to be on the preferred date for Pink or AC/DC to play a gig in Adelaide. Now, the SANFL grandfinal might be woth reasonable money, however I'd sugest that a world-class rock gig might provide more return... So how does Mr Whicker or Mr Payze or the other SANFL "appointed" SMA directors make their decision...???
Do they stand up for the rights of football, but in doing so run the risk of being prosecuted for failing to perform their directorial duties appropriately, or do they act in the best interests of the SMA, thereby leaving the body that "appointed" them to the SMA out in the cold.
This is the type of conflict that I was suspicious of that as I am finding more and more out about the SMA I believe will end up (sooner, rather than later) with an untenable conflict of either the four SACA or 4 SANFL reps on the SMA.
Mate, given my line of work I know a lot about poorly designed governance structures and the potential conflicts that can arise from them.
From what I know of the SMAs "constitution" the potential for conflict of this, or even greater this magnitude is very, very likely - inevitable even.