AFL and AFLPA release joint statement regarding Geelong's concussion farce

The AFL and the AFLPA have released a joint statement regarding Geelong's concussion agreement with an unnamed player.

The statement is as follows:

The health and safety of players is the highest priority of the AFL and the AFLPA.

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.

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 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.

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.

The AFL and AFLPA are aligned that no arrangements will be approved that seek to solely place the risk on players.

Geelong CEO Steve Hocking has also released the following statement:

In relation to media reporting today, 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 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.

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.

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

The Geelong Football Club is committed to providing a safe and healthy work environment for all its players, including ongoing education about the risks of concussion in contact sport.

Then Geelong President and current AFL Commission Chairman Craig Drummond has also released a statement:

This matter was complex, sensitive and very carefully considered by the Geelong board at the time.

The Club has today addressed the reasons for decisions in relation to the player and the appropriate changes it will make going forward.

Concussion is a challenging medical and legal issue for all contact sports globally, and the AFL and our clubs will continue to prioritise the health and safety of all of our players.

Cats the club behind concussion farce

Geelong has been revealed as the club who two years ago struck the widely-criticised and previously secret agreement that meant one of their players assumed all legal risk for any future brain injury.

SEN's Sam Edmund reports there will be an announcement from the AFL shortly.

"I can confirm thet Geelong has been named who two years ago struck the agreement that one of their players would assume all responsibility for any brain injury," Edmund told SEN.

"It is an agreement which, at surface level, has been widely criticised. We’re expecting an announcement from the AFL shortly and it's unclear if Geelong will play a role in that and whether the player’s identity may be revealed.

"We await further confirmation from the AFL. It’s a big story, we’re shocked and it’s hit the football industry wide. To what level the AFL knows of this is unknown I have to stress that.

"Geelong have not issued a comment and they have not answered any calls."

Speaking on SEN this morning, former West Coast coach Adam Simpson was struggling to get his head around how this could get over the line in a club environment.

“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. And how it goes up the chain?” he told Gerard Whateley.

“From a father point of view and a coach point of view, I can’t see how you would accept that is the right thing to do for your son or your player.

“We often say we have got the player’s health and safety and welfare at heart. It is the number one priority, is your player. The health and wellbeing.

“So how does that fall under that?

“And if I’m a dad (of the player), I’m going ‘Hang on, my son is doing what?’

“The detail will come I’m sure. I’m really interested to see what the AFL does with this.

“What is the standard practice for crisis management from an AFL point of view?

“Straight away I’m thinking about the player, what is he thinking reading the (Herald Sun) paper?”

AFLPA were completely unaware of secret concussion deal

The AFL Players’ Association (AFLPA) was unaware of a reported secret deal struck between a Victorian AFL club and one of its players.

The Herald Sun’s bombshell report from Jay Clark says the deal would require the player in question “to assume all legal responsibility for any further on-field brain trauma”.

The unnamed club has brokered the agreement with the player, who has concussion history, in a bid to absolve “itself and its medical staff from future court action in the event he suffered more head knocks or concussion related health issues”.

SEN’s Sam Edmund provided a lay of the land, including the AFLPA’s obliviousness regarding the situation.

“There's just so many questions at the moment,” Edmund said on SEN Breakfast.

“That report even stated that the agreement in part stated that this particular player at a Victorian club was at ‘higher risk, faced potentially long-term damage, even permanent neurological damage if he suffered any more hits’.

“But all of the legal obligations thrust over to him in this quote unquote agreement.

“Now at a basic legal level this club would appear to have taken the player outside of the safety net, clearly, that their standard playing contract and the CBA provides them and that is a basic safe workplace and all the rights associated with that that we all have.

“Rules clearly state the clubs cannot reach agreements with players outside of the players standard playing contract that are all lodged with the league.

“What we've learnt this morning is the AFL Players’ Association is completely unaware of it.

“The AFLPA were completely unaware of it when they were notified about a week ago. To what knowledge the AFL were aware of it and when and to what extent is unclear at the moment.

“This is absolutely where the ball sits this morning because they need to speak to this. Now, from my understanding, they were made aware of this story maybe about a week or so ago.

“They've spent the weekend, I'm told, working out whether this is one of one. So is this the only club, the only player to have reached such an agreement? From what I'm told, they're confident it is.

“The AFLPA believe it's not legally binding anyway, and it all comes down to legal interpretation, but it is written that a club cannot unilaterally contract their way out of its obligations as per the standard playing contract in the CBA.

“It would have to be tested in court, but the clause says the CBA overrides everything else. Correct. And it's very hard to imagine a world where this has not been lodged with the AFL.”

Peter Jess, the long-time player advocate and concussion campaigner, was in “total disbelief” that this has occurred.

“My initial reaction is one of total disbelief how a public company can behave in this manner to its most valuable commodity, which is the players,” he said on SEN Breakfast.

“It’s just unbelievable that they’re not thinking about making sure that these guys have got a safe workplace.

“If you try and contract out their basic human rights then what you do is create a position no better than modern day slavery.

“It’s about safety first, safety second and safety third.”

Sydney Swans head coach Dean Cox commented on the situation on Thursday morning.

“I can only speak on behalf of our club, but concussion is a very serious issue,” Cox said on SEN Breakfast.

“We understand that we’ve had players that have had their careers finished through concussion and the importance of the wellbeing of the player.

“I understand that there is always a risk when you do step on the football field but our job is to make sure that we try and mitigate that with technique and things you need to do control it as much as you can.

“It’s going to get to an interesting stage now where the legality and liability and where that lies.

“It was interesting read.”

Cox added: “I think it’s important that you are transparent through the whole process.

“My thing with concussion is as long as they need, that’s what they’ll get.

“The ability to look after the person as well as the footballer or your employee at that time.”