A secret waiver but no punishment: the AFL’s concussion conundrum just got murkier
An AFL player with concussion history signed a secret waiver to protect his club from future court action. It’s a sign something has to change.
The Australian Football League (AFL) has faced increasing scrutiny over its handling of concussion, with a recent development adding yet another layer of complexity to the issue. Geelong Football Club required a player with a history of concussions to sign a secret waiver waiving their legal rights regarding future brain trauma.
This waiver was reportedly a secret agreement between the club and the player to clear the club and its medical staff from potential future legal action. The AFL acknowledged the existence of the waiver during a public statement, but maintained that no punishment would be given, despite not having approved the arrangement. The incident comes as the AFL grapples with major rule changes, insurance concerns, and a looming class action lawsuit from former players.
Historically, Australian sportspeople have been systematically excluded from the workers' compensation system, a situation that began in the 1970s when professionalizing sports in Australia. This exclusion has led to the development of alternative solutions, such as private insurance and support funds, but these have their limitations, including discretionary payouts, contingent existence, and unknown adequacy.
In response, several players have been medically retired due to concerns over future brain injuries, but these players often could not access the insurance and support funds intended to help them. The most prominent example is the class action lawsuit initiated in 2023 by former Geelong defender Max Rooke, which now involves over 100 players, the AFL, 11 clubs, and their doctors.
The lawsuit and the potential for hundreds of millions in liability have put pressure on the AFL to address the issue. In light of these events, the AFL has stated that it will not punish Geelong for seeking to limit its liability through the waiver. However, both the AFL and the AFL Players Association have disavowed knowledge of the agreement, emphasizing that such arrangements are not approved.
The incident highlights the urgent need for a solution at the source of the problem – the exclusion of professional sportspeople from workers' compensation.
Written by urgent.news from The Conversation AU's reporting — not their text. Machine-written — it may contain errors, so check the original before relying on it.
