AFL Geelong concussion waiver deal controversy and legal risks
Consensus Summary
The AFL and Geelong Cats are facing scrutiny over a 2024 concussion waiver deal involving a player with a history of head injuries. The player signed an agreement acknowledging elevated concussion risks and attempting to waive future legal rights, but the AFL and AFLPA condemned the deal, leading Geelong to scrap the waiver. Both sources confirm the agreement was made two years ago and involved a player cleared by the AFL Concussion Panel, though the Guardian notes the board approved it while The Age does not explicitly state this. The controversy arises amid a $1 billion class action involving over 100 former AFL players, set to go to trial next year, and ongoing legal and moral questions about player safety. The AFLPA has emphasized that clubs cannot bypass health and safety obligations, and the deal highlights broader concerns about concussion management in the league, including recommendations from the 2023 coronial inquest into Shane Tuck’s death.
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Key details reported by multiple sources:
- A Geelong player signed a waiver in 2024 acknowledging elevated concussion risk and attempting to waive future legal rights, which was not approved by the AFL or AFLPA
- The agreement was made two years ago (2024) with a Geelong player with a history of concussion
- The AFL and AFLPA condemned the deal, and Geelong scrapped the waiver after the AFL Players Association's intervention
- A $1 billion class action involving more than 100 former AFL players is set to go to trial next year
- The concussion waiver deal was cleared by Geelong’s board at the time
- The AFLPA stated clubs cannot unilaterally contract out of their obligations under the CBA or health and safety laws
- The class action includes former Geelong doctors who may face liabilities for actions since 1985
Points of Difference
Details reported by only one source:
- The AFL Concussion Panel cleared the player as fit to play after the assessment, and the player signed a letter acknowledging risks before the waiver was scrapped
- Three industry sources confirmed Geelong was the club involved, and the AFL stated the waiver was not used to allow a medically unfit player to return
- AFL chief executive Andrew Dillon and AFLW executive general manager Laura Kane appeared at a mental health media round table on Thursday but did not address the report
- Sports law expert Leon Harris noted the contract’s enforceability is unclear, and the issue remains unresolved legally, with limited research on sub-concussive trauma
- The AFL was contacted for comment but did not provide a statement in the article
- The Herald Sun first reported the deal on Thursday morning, naming the club by afternoon
- Former West Coast premiership coach Adam Simpson criticized the deal, calling it unfathomable and morally questionable
- Geelong’s chair at the time, Craig Drummond, was later appointed chair of the AFL Commission
- The coronial inquest into Shane Tuck’s death in 2023 led to recommendations including greater powers for independent doctors to remove concussed players and limiting contact training sessions, set to apply in the coming pre-season
Contradictions
Conflicting information between sources:
- The Guardian states the deal was cleared by Geelong’s board, while The Age implies the board’s role was not explicitly mentioned in the AFL’s statement
- The Age mentions the AFL Concussion Panel cleared the player as fit to play, but the Guardian does not reference this panel’s involvement
Source Articles
Geelong forced to scrap concussion deal with player
The AFL Players’ Association has condemned the deal, which involved an unnamed player signing an agreement that acknowledged his elevated risk of concussion.
AFL club Geelong under scrutiny over alleged concussion deal with player
Player reportedly required to assume liability for future brain trauma Secret agreement slammed by AFL Players Association The Geelong Cats have been named as the club behind a reported deal with a player – who had suffered a history of concussion – that would allow the them to keep playing if the club was protected from future liabilities. On Thursday morning, The Herald Sun first reported the arrangement without naming the club, but by the afternoon the Cats had been identified by multiple med