The Australian Sports Commission's "Governance Reform in Sport" Discussion Paper and Voting Rules in Corporate Constitutions

Abstract

The Australian Sports Commission’s 2015 “Governance Reform in Sport” Discussion Paper proposes to limit voting by members of a National Sporting Organisation to essentially the minimal set of issues required by the Corporations Act 2001 (Cth), and to further mandate the voting rule to be adopted for each issue. The authors critique the Discussion Paper and argue that three issues require discussion to decide which voting rules to implement – the efficiency of the proposed voting rules, the efficiency of mandatory rules in corporate governance regulation and the balance of power between members and directors. They argue that constitutional voting rules ought to minimise the sum of the decisio..