Corporate governance

The ASDA Board

The ASDA Board is responsible for ensuring the Agency operates in accordance with the ASDA Act 1990.

The Board is comprised of a Chairperson, Deputy Chairperson, the CEO and at least three other members. All Board members are eligible for re-appointment.

ASDA held Board meetings on:

In addition, ASDA held two Board telephone conferences on:

Key activities the ASDA Board contributed to during 2004–05:

Figure 11: ASDA Board Details as at 30 June 2005
Position Name Date Commenced Date Ending Meetings Attended Meetings Eligible to attend
Chairperson Dr Brian Sando 6 March 1995 30 May 2006 5 5
Deputy Chair Ms Jennifer Clark 15 June 2001 30 May 2006 5 5
Member Dr Andrew McLachlan 7 March 1999 11 May 2006 5 5
Member Ms Gabrielle Trainor 15 June 2001 30 May 2006 5 5
Member Ms Nicole Livingstone 28 March 2005 27 March 2007 2 2
Member Ms Liz Ellis 14 June 2000 12 November 2004
(resigned)
0 1
Chief Executive Mr John Mendoza 18 February 2001 21 January 2005
(resigned)
2 2
  Mr Kim Terrell (acting) 22 December 2004 NA 3 3

DCITA representatives also attended ASDA Board meetings as an observer on behalf of the DCITA Secretary Ms Helen Williams AO.

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ASDA Board members

Dr Brian Sando OAM (Chairperson)

Photo: Dr Brian Sando OAM (Chairperson)Dr Brian Sando is a non-executive chairperson. Dr Sando is a sports medicine practitioner, the Chair of the AOC Medical Commission and a member of the Commonwealth Games Federation Medical Commission.

Dr Sando has been appointed as Medical Officer to seven Australian Olympic Teams, including four as Senior Medical Director and is a former President of Sports Medicine Australia. Dr Sando also acted as Medical Commission Chairman at the 2002 Manchester Commonwealth Games.

Ms Jennifer Clark (Deputy Chair)

Photo: Ms Jennifer Clark (Deputy Chair)Jennifer Clark is a non-executive director and has a long career in investment banking as an adviser and financier to a broad range of organisations in the public and private sectors. She has been a non-executive director on various Commonwealth Government boards including the Export Finance and Insurance Corporation, the ASC and the Australian Sports Foundation.

Ms Clark is currently a Board member of National ICT Australia Limited and Chairs a number of Defence committees.  She is a former member of the NSW State Pistol Team and Fellow of the Australian Institute of Company Directors.

Dr Andrew McLachlan (Member)

Photo: Dr Andrew McLachlan (Member)Andrew McLachlan is a non-executive director.  He is a pharmacist, Associate Professor and researcher at the University of Sydney with expertise in clinical pharmacology and drug testing. A/Prof McLachlan is actively involved in the education of pharmacists and other health care professionals.  He is a consultant to the pharmaceutical industry and the Therapeutic Goods Administration.

Ms Gabrielle Trainor (Member)

Photo: Ms Gabrielle Trainor (Member)Gabrielle Trainor is a non-executive director with a background as a lawyer, journalist and as a public sector executive. She is a founding partner of John Connolly and Partners, a specialist public affairs and communications firm.

Ms Trainor is a director of the Victorian Urban Development Authority (VicUrban), Chair of Best Western Australia and has also served as a director of a number of other Government agencies. She is a director of a number of private and community organisations and a Commissioner of the AFL (NSW/ACT).

Ms Trainor is an Honorary Associate, Graduate School of Government, at the University of Sydney.

Ms Nicole Livingstone (Member)

Photo: Ms Nicole Livingstone (Member)Nicole Livingstone is a non-executive director. Ms Livingstone has an extensive and highly successful background in swimming, competing at three Olympic Games, various Commonwealth Games and many World Championships. She is also a respected sports commentator and an outspoken critic of doping.

Ms Livingstone has also been heavily involved in the AOC's Live Clean, Play Clean anti-doping education program targeted towards Australian junior elite athletes. Ms Livingstone brings much experience, including an athlete’s perspective, to the ASDA Board.

Mr Kim Terrell (Member)

Photo: Mr Kim Terrell (Member)Kim Terrell is the Acting Chief Executive. Mr Terrell took up the appointment in December 2004. He joined ASDA in 2001 after a 15 year career in the Australian Government. During this time he contributed to a number of major national security and law enforcement initiatives.

Mr Terrell has a Bachelor of Arts Degree and a Masters Degree in Public Policy.

Mr Terrell has a lengthy involvement in sport, representing Australia in swimming from 1981–86, including at the 1982 Commonwealth Games and the 1984 Olympics. He also played water polo for Australia as a schoolboy and has worked as a nationally accredited coach in swimming and water polo.

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ASDA Board members resigned 2004–2005

Mr John Mendoza (Member)

Photo: Mr John Mendoza (Member)John Mendoza was ASDA’s Chief Executive from 2001 to 2004. He has qualifications in education and public health.

Mr Mendoza is a former teacher, academic, consultant and senior manager in health and human services. He joined ASDA in 1996 as Deputy Chief Executive Officer. In 2002 Mr Mendoza was awarded two Outstanding Alumni awards from the Queensland University of Technology for his achievements in public health and anti-doping.

Mr Mendoza was appointed the Chief Executive Officer of the Mental Health Council of Australia in October 2004.

Mr Mendoza resigned from ASDA on 21st January 2005.

Ms Liz Ellis (Member)

Photo: Ms Liz Ellis (Member)Liz Ellis was a non-executive director. Ms Ellis is the Captain of the Sydney Swifts and the Australian Netball Team.

Ms Ellis is a board member of the NSW Institute of Sport, the State Sports Centre Trust and the Institute of Sport Management.

Ms Ellis, formerly a solicitor, operates commercial netball coaching clinics.

Ms Ellis resigned from the ASDA Board on 12th November 2004.

Audit Committee

The Agency’s Audit Committee was appointed by, and reported to, the Board. Ms Jennifer Clark chaired the ASDA Audit Committee with Board member Ms Gabrielle Trainor and the Chief Executive also being members. The ANAO along with the Agency’s Internal Auditors, Acumen, attended Committee meetings.

Key activities the Audit Committee contributed to during 2004–05:

The Audit Committee met on four occasions during 2004–05.

Figure 12: ASDA Audit Committee details as at 30 June 2005
Position Name Meetings attended Meetings Eligble to attend
Chairperson Ms Jennifer Clark 4 4
Member Ms Gabrielle Trainor 3 4
Member Mr John Mendoza 2 2
  Mr Kim Terrell 2 2

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Senior management staff

Photo:

ASDA’s Senior management Team (Left to right) Catherine Rule, Kim Terrell, Anne Gripper.

Kim Terrell — Chief Executive (acting)

Mr Terrell is responsible for ASDA’s overall operation.

Anne Gripper — General Manager, Operations

Ms Gripper manages the implementation of the Deterrence and International response plans.

Catherine Rule — General Manager, Strategy and Support (acting)

Ms Rule manages the implementation of the Business improvement and People plans.

Management committees

Executive meetings

The executive committee and program managers met weekly to discuss issues impacting on the Agency. Actions and outcomes of this meeting are regularly communicated to staff, the Board and the Minister’s Office.

The ASDA Council

The ASDA Council is a quarterly forum that involves executive, program managers, process facilitators, state coordinators and relevant staff as required. The Council meetings reviewed the deployment and implementation of the Operational Plans, key projects and the progress towards achieving KPI targets.

Operational forums

ASDA coordinates its day-to-day business through operational forums including, but not limited to:

Strategic and Operational Plans

ASDA’s Strategic Plan for 2001-05 was approved by the then Minister for Sport and Tourism, The Hon. Jackie Kelly MP, in September 2001. The Minister for Art and Sport, Senator The Hon. Rod Kemp, approved the Agency’s 2004–05 Operational Plan.

ASDA’s Strategic Plan is at Appendix J (Adobe PDF).

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Reporting compliance

ASDA identified and complied with applicable laws pertaining to its business and operations. The Annual Report was produced in accordance with:

The report addresses ASDA’s activities, performance and challenges in relation to the four strategic breakthrough issues from the Strategic Plan and Operational Plan deliverables.

Legislative and regulatory requirements

The powers of the Minister as specified under the ASDA Act 1990 appear at Appendix K. The objects, functions and powers of the Agency under the ASDA Act 1990 appear at Appendix L.

The Agency’s performance in relation to the PBS outcomes and outputs appear at Appendix M. The resource allocations against the outcomes, as detailed in the PBS, appear at Appendix N.

Ministerial directions

The Agency did not receive any Ministerial directions in 2004–05. ASDA continued to comply with directions from previous years related to cost recovery and foreign exchange.

Ecologically sustainable development (ESD) and environmental performance

The following information is supplied in accordance with section 516A of the Environment Protection and Biodiversity Conservation Act 1999.

Activities and administration of legislation in accordance with ESD principles

Section 3A of the Environment Protection and Biodiversity Conservation Act 1999 sets out the principles of ESD. ASDA has considered these principles in relation to its activities and administration of legislation and assessed that the implications are minimal.

The main effect the Agency has on the environment is the energy consuming impact of its four office spaces and 10 leased vehicles.

Measures taken to minimise environmental impact

ASDA implemented the following measures to minimise its environmental impact:

ASDA analyses its energy use annually to find ways of achieving further efficiencies.

Equal employment and opportunity

ASDA seeks to encourage a workplace that promotes diversity and equity. Policies to support this will be reviewed in 2005–06.

To support a harassment-free workplace, staff appointed as Workplace Harassment Officers attended training during the year.

Ethical standards

ASDA staff members have an obligation to be ‘fair and just’ and ‘act according to substantial justice’. The principles of fairness, natural justice and transparency are applied to all internal processes in ASDA and flow on to dealings with clients. As a regulator of doping-free sport, ASDA sets high ethical standards for itself. These are articulated in the ASDA values and behavioural statements.

A code of conduct for all drug control staff is included as part of employment terms and conditions.

A code of conduct for all drug control staff is included as part of employment terms and conditions. No reports of behaviour inconsistent with the code of conduct were reported.

Confidentiality and privacy agreements are also maintained for all staff and Board members. Board members are required to declare all financial and other interests annually.

Occupational health and safety (OH&S)

ASDA maintained a safe workplace environment by adhering to OH&S policies, agreements and practices.

OH&S Audit

In November 2004, ASDA engaged an external provider to conduct a comprehensive audit of OH&S. The audit included an examination of OH&S practices in a number of ASDA offices and a review of systems and procedures to ensure the Agency meets its obligations under the Act.

ASDA was found to take a practical and reasonable approach to the management of OH&S, particularly for its field staff. A number of corrective actions were identified. The recommendations from the audit focused on the need to develop better policies and procedures to underpin OH&S and to raise staff awareness of these issues.

ASDA management accepted the auditor’s recommendations and an action plan was developed to ensure the relevant improvements were made.

OH&S committee and policies

ASDA’s Workplace Relations Committee has had responsibility for undertaking the role of an OH&S committee. However, as a result of the OH&S audit, ASDA will establish a separate OH&S committee, comprised of appropriately qualified staff in 2005–06.

The OH&S audit recommended a range of improvements to ASDA’s policies and procedures. The relevant documentation was revised, in consultation with staff and management during 2004–05. Further improvements will be made during 2005–06.

Health and safety representatives

ASDA appointed health and safety representatives in each office during 2004–05. The majority of these people underwent training in 2004–05; the remainder will be trained early in 2005–06. These representatives, along with relevant HR and management staff will form ASDA’s OH&S Committee when appropriate training has been completed.

First aid

ASDA appointed first aid officers in 2004–05, and ensured that their qualifications were current with appropriate training undertaken where required.

Accidents and dangerous occurrences

There were no accidents or dangerous occurrences that required notification under section 68 of the Act during the year.

Investigations, directions and notices

There were no investigations conducted by Comcare under section 41 of the Act nor were any directions or notices given.

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Discretionary grants

ASDA provided no discretionary grants.

Freedom of information (FOI)

ASDA received and actioned one FOI request in accordance with the Freedom of Information Act (1982).

Risk management and fraud control

ASDA’s Risk Management Strategy covered the following activities:

ASDA investigated one allegation of fraud in 2004–05. The case was investigated in accordance with ASDA's Fraud Control Plan. No instance of fraud was found to have occured and the matter was dealt with under ASDA's code of conduct.

Social justice and equity

ASDA recognises the importance of ensuring clients have equitable access to its range of services. In particular, the principles of natural justice and procedural fairness are enshrined in the ASDA legislation and carried through in the operating procedures for drug testing.

Provision of information

The ASDA website outlines information about the Agency and its operations.

ASDA’s publications are written in plain English and are regularly reviewed to ensure clients understand the information presented.

Commonwealth disability strategy

ASDA maintains guidelines for the drug testing of disabled athletes as part of its field service procedures. These procedures inform ASDA staff on athlete notification and sample collection techniques for specific disability types.

ASDA communicated with athletes with a disability via its various education resources.

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Highlight — assisting athletes with a disability

In February 2005 ASDA staff met with representatives from the Australian Paralympic Committee. The discussion focused on ASDA’s education and communication products and whether ASDA’s primary education resources met the needs of elite athletes with a disability.

The products reviewed included the website, Hotline, presentations and powerpoint shows, anti-doping update newsletter, handbooks and cards. The proposed video/DVD, website upgrade and on-line medications database were also discussed.

In general, ASDA’s products are meeting the needs of athletes with a disability. Some of the feedback provided which will be incorporated in new products and in reviews of any current products, included minimum font sizes, contrasting darker colours, minimising animation and providing hand outs at presentations.

The feedback has not only been used by the communication and education group but by other areas of the Agency, including the Athlete Whereabouts project.

Australian Government branding

ASDA received advice from the Department of Prime Minister and Cabinet in April 2005 that it was required to adopt the Australian Government corporate identity. ASDA began to implement this requirement, with changes made to the corporate identity on the website, letterheads, signage and other corporate resources. The implementation of this requirement will continue during 2005–06.

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