AFL rejects Geelong player concussion waiver deal

The AFL says it did not approve a deal between Geelong and one of their players – who had suffered a history of concussion – that would allow them to keep playing if the club was protected from future liabilities.

The Cats were forced to scrap the arrangement with their unnamed player on Thursday after it had been widely criticised by the AFL Players’ Association, former players and coaches.

“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 league said.

“The player then signed a letter acknowledging the potential risk and sought to waive some potential future legal rights, which was not lodged with or approved by the AFL or the AFLPA.

“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 James Gallagher said the reported deal could be in breach of both competition rules and Australian law. “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,” he 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.

“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.”

The Herald Sun reported of 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, adding the arrangement was cleared by the board.

Geelong’s chair at the time was Craig Drummond, who has subsequently been appointed chair of the AFL Commission.

The Cats confirmed on Thursday that they would remove the waiver with their player while 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”.

“Geelong Football Club acknowledges that the letter signed with one of its players went further than was intended and recognises the absence of the AFLPA in the process,” the club said. “The Club will remove the waiver outlined in the letter, noting that the player continues to acknowledge potential risks.

“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.”

Brain health, concussion and CTE represent an existential threat for the AFL, which has taken steps in recent years to make the game safer and prevent brain injury.

A class action brought by lead plaintiff Max Rooke, a former Geelong player, has been in Victorian courts for more than two years, and now includes former Cats doctors who may be exposed to liabilities for their actions since 1985. The matter, which includes more than 100 former AFL players, is expected to go to trial next year.