SAJC--report of inquiry into suitability of close associates - Portellos ...

Inquiry into the suitability of certain close associates of the
South Australian Jockey Club
Report
undertaking that an opportunity would be given to make submissions about its
findings an application would be made to the Supreme Court.
In the case of the individuals for whom the SAJC was seeking approval as close
associates, there is an argument that the Authority is obliged to afford natural justice
if a finding adverse to the person’s interest is in contemplation, such as would result
in the refusal of the approval which had been sought.
However, the same cannot be said for the other individuals who appeared before the
Authority. Regardless of how aggressively the matter had been argued, the mere
prospect that unfavourable observations might be made as necessarily flowing from
testimony before an inquiry does not trigger a right to be heard and, of course, there is
no “case to be met” formally before an inquiry of this nature.
In this case, noting that the Authority is able to regulate its own procedure, it did offer
certain of the witnesses the opportunity to review a draft of this report and make
submissions. Submissions from John Naffine and Travis McLeay are summarised in
section 5, starting on page 69. Troy Gray, Steve Ploubidis and Con Raftopoulos did
not respond to the opportunity.
3. EVENTS PRIOR TO MAY 2009
3.1 The 2008 elections and associated litigation
SAJC board members serve terms of four years or, more precisely, the period between
the annual general meeting at which they are elected and the fourth following annual
general meeting.
Elections to the SAJC board are declared at annual general meetings, and positions
fall vacant at those meetings.
As part of the election procedure, the board of the SAJC fixes a date for the close of
nominations which is at least 28 days prior to the Annual General Meeting. If there
are more candidates for election than the number of board members retiring, three
SAJC members (who must not be candidates) conduct the election by postal ballot.
The SAJC constitution sets out a procedure whereby all candidates’ names are listed
on a ballot paper and voters are instructed to place a cross against the names of the
candidates for whom they wish to vote. Each voter is required to place the same
number of crosses against candidates’ names as there are vacancies.
In 2008, four members of the SAJC board were retiring. This meant that voters were
required to place crosses against the names of four candidates.
The SAJC constitution provides that the three returning officers report the outcome of
the ballot to the chairman at the annual general meeting, and the election is finalised
by the announcement of those outcomes. The constitution also provides that in the
event of two candidates having an equality of votes, the chairman of the meeting
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