AFL declines to penalise Geelong over concussion waiver agreement

Geelong will not be penalised by the AFL over a reported agreement with an unnamed player who had a history of concussions and accepted legal responsibility for future brain trauma.

The club had a secret arrangement, revealed in News Corp newspapers on Thursday morning, with an undisclosed player who signed the agreement in an effort to exonerate the club and its medical staff from future court action.

The AFL said it would not sanction Geelong in what it described as a "complex and unique case".

The deal with the unnamed footballer, who is still an active AFL player, was signed two years ago.

In a joint statement with the AFL Players' Association, the AFL said it would not penalise Geelong in any way.

"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 statement said.

"The AFL is satisfied that the letter was not used by Geelong to allow a medically unfit player to return to play.

"The AFL and AFLPA will advise clubs that any proposed arrangements that impact on a player's legal rights and protections will be required to be notified to and approved by the AFL and the AFLPA."

Geelong also issued a statement on Thursday night saying 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".

"The club's focus throughout the process was providing care and support to the player, with the intention to give the player agency in the decision making process around their own playing career," Cats chief executive Steve Hocking said.

"The club always aims to ensure that players are provided with information to enable them to make informed decisions about their careers."

New AFL Commission chair Craig Drummond was the president of the Geelong board at the time the deal was struck.

Drummond was not mentioned in the statement from the AFL.

Concussion campaigner Peter Jess said those involved with the drafting of the contract must step down.

"The people who are responsible must resign immediately, the whole chain of command that has given this," he said.

"Even if the chairman of the commission knew, he must go. There is no place for these people in our sport."

Mr Jess said the intent behind the contract appeared to prioritise the club above the welfare of the player.

"If you are trying to limit your duty of care, if you are trying to limit your responsibility to that player, knowing full well that if he's been damaged to such an extent he may not have the ability to make an informed decision, it's frightening," he said.

Daniel Schram, special counsel at Margalit Injury Lawyers, said the player in question was likely incredibly vulnerable due to repeated brain trauma.

"Whether the player is in a position to sign a document like this is a particularly pertinent question," he said.

"I think it's horrifying that a club would ask a player to enter into an agreement like this about any physical injury, let alone a brain injury."

Mr Schram said he was unsure whether the contract would hold up legally but noted that the statutory rights of players were inviolable.

"It's very difficult to say whether this type of agreement would hold up in court, these matters turn on their facts," he said.

"But what I would say is, you cannot contract out of legislation."