A schism has emerged at the top of the AFL over whether clubs can avoid future liability for head injuries, despite the league fining Geelong $140,000 for failing to lodge the concussion waiver signed by defender Jake Kolodjashnij. The Cats sanction was made of two parts, including $100,000 for failing to inform the AFL of a change to Kolodjashnij’s contract, previously described as a “waiver” by AFL Commission chair and former Cats president Craig Drummond. That also activated a $40,000 suspended fine applied to Geelong for salary cap-related breaches last year, leaving the club with a $140,000 penalty to be paid into the AFL’s injury and support fund.
The Cats recorded a profit of $1.7m last year. Geelong accepted the findings of the independent review and acknowledged the sanction in a statement on Thursday. AFL chief executive Andrew Dillon was unequivocal when saying a concussion waiver like Kolodjashnij’s would not be approved, were it to be lodged with the AFL and AFL Players’ Association (AFLPA) as required.
When asked to explain the discrepancy between his view and Dillon’s, Drummond said there will be a “significant set of discussions” between the AFLPA, the AFL and clubs over the “protocols and the process for these types of situations”. Dillon said earlier the AFL had work to do to better manage risk to players, board members, clubs and doctors. The waiver was set aside by Geelong in the days after its existence first became public.
The AFL Commission found the Cats did not intend to conceal the agreement, however, in accepting the recommendations from an investigation by Kings Counsel James Peters. Commission member Paul Bassat said despite the sanction for the “unauthorised variation”, Geelong had acted with the health and safety of its players in mind. The amount, however, is minimal compared to the compensation likely to be sought by past players as they pursue the football industry in a head injury-related class action, with former Cat Max Rooke as lead plaintiff, which includes more than 100 former AFL players and is expected to go to trial next year.
There has been widespread criticism directed at Geelong for developing the waiver which has also enveloped the AFL given Drummond, the former Cats president, became chair of the AFL Commission in March. Drummond has already apologised for “the mistakes made in this very complex situation”, but said on Thursday it was “administrative failure” in failing to lodge the document.
Extract — continue reading at the source.
