20th AFL License - An Indigenous Team

[Chief]

I can't think of an example where the AFL is allowed to govern openly and clearly outside of the law on something like this.

Any indigenous-based team as we have seen in the past. Any system that controls which state players go to or which team they can play for.

It's not illegal.

 

[Andyy]

Did someone just suggest an ethnic requirement for a specific AFL team? LMAO

 

[simba_]

how can you think this isn't anything more than a ridiculously stupid thing to say?

 

[Sphynx]

Any indigenous-based team as we have seen in the past. Any system that controls which state players go to or which team they can play for.

It's not illegal.

An example? Representative teams are not professional workplaces in this setting if that is what you are getting at.

The system doesn't control which state they go to, there's a draft in which they can go to a wide range of clubs. It's not predicated by race.

You seem to be misunderstanding how the AFL would be breaking the law.

It's not the indigenous players that would be discriminated against under the Fair Work Act, it's the non-indigenous playing pool by saying "You can't play for this side/get this job unless you are indigenous".

You are not allowed to do it to any race of people in this country and fair enough too, you don't get a free pass because this is an indigenous initiative.....

This is not a government social scheme. If the Government wants an exception like this, they'd have to legislate for it.

 

[Chief]

It's not the indigenous players that would be discriminated against under the Fair Work Act, it's the non-indigenous playing pool by saying "You can't play for this side/get this job unless you are indigenous".

You are not allowed to do it to any race of people in this country and fair enough too, you don't get a free pass because this is an indigenous initiative.....

This is not a government social scheme. If the Government wants an exception like this, they'd have to legislate for it.

Common law has long held that sporting codes deal with a lot of their own stuff in relation to their own league - on-field assault for starters.

As for Indigenous teams:

Indigenous All Stars (rugby league) - Wikipedia

en.wikipedia.org

 

[carndapies]

Any indigenous-based team as we have seen in the past. Any system that controls which state players go to or which team they can play for.

It's not illegal.

The issue will be addressed by the Human Rights Commission under the Racial Discrimination Act 1975 (Cth) (RDA). The Act prohibits racial discrimination under sections 9 and 10, while section 8 allows for the implementation of ‘special measures’ designed to promote the human rights of specific racial or ethnic groups or individuals.

Special measures have the goal of fostering greater racial equality by assisting groups of people who face, or have faced, entrenched discrimination so they can have similar access to opportunities as others in the community.

If the AFL can demonstrate that an Indigenous-only team is established to benefit Indigenous people by providing them with equal access to opportunities available to others in the community, it would be considered lawful.

 

[1970crow]

It's quite possibly illegal?

It possibly violates the Fair Work Act 2009, regarding anti-discrimination restraints.

AFL clubs are bound by it like any other workplace.

You can't "openly" prioritize complete employment based on race in this country.

You can definitely identify positions for aboriginal and Torres straight islanders.

An aboriginal only list is obviously absurd, but an NT and northern Australian side that has priority access to indigenous kids could work pretty well.

 

[Gordon Farkas]

The issue will be addressed by the Human Rights Commission under the Racial Discrimination Act 1975 (Cth) (RDA). The Act prohibits racial discrimination under sections 9 and 10, while section 8 allows for the implementation of ‘special measures’ designed to promote the human rights of specific racial or ethnic groups or individuals.

Special measures have the goal of fostering greater racial equality by assisting groups of people who face, or have faced, entrenched discrimination so they can have similar access to opportunities as others in the community.

If the AFL can demonstrate that an Indigenous-only team is established to benefit Indigenous people by providing them with equal access to opportunities available to others in the community, it would be considered lawful.

Is this the sort of thing you have in mind? “Separate but Equal”

Negro league baseball - Wikipedia

en.m.wikipedia.org

 

[HairyO]

Just sounds like segregation with extra steps.

That's what people want these days. To avoid all of the -isms, we need to segregate people.

You can definitely identify positions for aboriginal and Torres straight islanders.

An aboriginal only list is obviously absurd, but an NT and northern Australian side that has priority access to indigenous kids could work pretty well.

And when the Aboriginal kids from Perth and Adelaide and Melbourne and Tasmania and Sydney and Brisbane all dont want to go...

The OP is right. Its a dumb thought bubble that would be an enormous failure.