Geelong has been forced to scrap a secret deal with one of its players that would have required him to assume liability for all future concussion, after the arrangement was widely criticised by the AFL Players’ Association (AFLPA), former players and coaches.
AFL and AFLPA respond
The AFL says it did not approve the deal, which allowed the unnamed player, who had a history of concussion, to keep playing if the club was protected from future liabilities. The league stated: “The AFL and AFLPA are aware of a complex and unique case in which a Geelong player was cleared as fit to play following an assessment by an AFL Concussion Panel.”
The player had signed a letter acknowledging the potential risk and seeking to waive some potential future legal rights. The AFL added: “Geelong has advised the AFL today that the waiver in the letter will be removed, noting that the player continues to acknowledge potential risks. The AFL is satisfied that the letter was not used by Geelong to allow a medically unfit player to return to play.”
AFLPA chief executive speaks out
AFLPA chief executive James Gallagher said the reported deal could breach both competition rules and Australian law. He stated: “The game has a duty to provide a workplace that protects the health, safety, and wellbeing of players and all clubs hold this duty as employers. 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. Importantly, no player is permitted to return to play or train unless they have been deemed medically fit to do so. We’re in discussions with the AFL to better understand the circumstances of this case and ensure this issue isn’t replicated further at the elite level.”
Details of the deal
The Herald Sun first reported the so-called “secret deal”, made two years ago, with a player who had suffered multiple concussions to assume legal responsibility for any on-field brain injury. The arrangement was reportedly cleared by the board, which at the time was chaired by Craig Drummond, now chair of the AFL Commission.
Geelong confirmed on Thursday that they would remove the waiver, saying they were “not attempting to vary the terms of the AFL standard playing contract, or attempting to avoid its responsibilities under health and safety laws”. The club acknowledged the letter “went further than was intended” and recognised the absence of the AFLPA in the process.
Club statement and broader context
Geelong said: “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. 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 issue comes amid growing concern over brain health in the AFL. A class action led by former Geelong player Max Rooke has been in Victorian courts for over two years, involving more than 100 former AFL players and expected to go to trial next year. The matter includes former Cats doctors who may face liabilities for actions since 1985.
