The AFL has declined to sanction Geelong after the club agreed to scrap a previously secret waiver that required a player to assume all legal responsibility for future brain trauma.
A News Corp report on Thursday morning revealed that a Victorian AFL club had the unnamed player sign the agreement to shield itself and its medical staff from potential court action. Geelong was later identified as the club involved.
The deal with the unnamed footballer, who remains an active AFL player, was signed two years ago. New AFL Commission chair Craig Drummond was the president of the Geelong board at the time.
Joint statement ends practice
The AFL and AFL Players’ Association released a joint statement on Thursday afternoon confirming the end of that agreement and the practice in its entirety. All parties noted the player “continues to acknowledge potential risks”.
“The health and safety of players is the highest priority of the AFL and the AFLPA,” the statement read.
“Like all contact sports, football carries a risk of injury, including concussion. Players are educated on head trauma, including its risks.
“No player is permitted to play following concussion unless they have been medically assessed and cleared to play in accordance with the AFL’s concussion and return-to-play protocols.
“All players are also protected by statutory obligations in relation to health and safety, as well as the obligations agreed through the CBA and Standard Playing Contract.
“In cases of serious injuries, decisions about a player returning to play, or retire, are made by the player with their families, their club and qualified medical professionals.”
Geelong responds
Geelong issued a statement acknowledging the letter “went further than was intended and recognises the absence of the AFLPA in the process”.
“At the time, the club was involved in extensive discussions with a player, their family and representative in relation to that player’s concussion history,” the Cats said.
“Those discussions, including medical advice from the Club’s Chief Medical Officer and the AFL Concussion Panel, were documented in the letter, signed by the player. No direction was given requiring the player to medically retire.
“The club was not attempting to vary the terms of the AFL standard playing contract, or attempting to avoid its responsibilities under health and safety laws.”
Reaction from AFL world
The secret agreement drew criticism from the AFLPA, concussion campaigners, and experts. AFLPA boss James Gallagher said: “Clubs cannot unilaterally contract out of their obligations under the CBA and Standard Playing Contract, nor attempt to avoid their responsibilities under health and safety laws.”
Melbourne coach Steven King said: “All I’ll say about that is that, as a club and me personally, I’d never do anything or ask my players to put themselves at risk. Their health and safety is paramount.”
Former AFL player Shaun Smith, who received a $1.4m payout for concussion, said: “All the signs say that you’re doing some severe damage and it’s not repairable.”
Former West Coast coach Adam Simpson said: “From a coach’s eye, it’s hard to really fathom how you would get to the conclusion that this is a good thing to do.”
Concussion expert Alan Pearce said he was “stunned and then appalled to hear that a player who’s in a vulnerable state would sign a waiver to protect the club from any potential litigations”.
Concussion remains a pressing issue in the AFL, with players like Angus Brayshaw, Jeremy McGovern, and Nathan Murphy forced into retirement. A multimillion-dollar concussion class action against the AFL, led by former Geelong defender Max Rooke, is set for trial next year.
