Shock concussion report as club’s ‘secret deal’ with player sets ‘dangerous example’ — AFL Daily

A stunning report has detailed how an AFL club struck a secret deal with a player that requires the latter to accept legal responsibility for any further brain injuries they suffer while playing.

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‘SECRET DEAL’: SHOCK CONCUSSION REPORT

A Victorian-based AFL club has quietly signed an agreement that makes a player who’s suffered multiple concussions legally responsible for any future brain injuries sustained on the field, according to CODE Sports.

Herald Sun chief football writer and Fox Footy First Crack host Jay Clark on Thursday morning detailed his bombshell report, which didn’t identify the club or player to protect the player’s identity and sources.

“A Victorian club has signed a secret deal with one of its players, which required them to accept all legal risks of any further head trauma they suffered on the field,” Clark said in a video posted to CODE Sports.

“This is a current-day player – who has suffered multiple concussions – who signed an agreement, which said they take it upon themselves – the physical and legal risk of loss, damage or injury arising from anymore brain injuries.

“Incredibly, this is a major worry for AFL players because it sets a dangerous example for others to essentially wave their legal rights on head trauma.

“My understanding is this isn’t the only assumption of risk agreement which has existed on concussion at AFL level. So it wasn’t the first, but it very well could be the last.

“Unsurprisingly when I first asked the club about this signed contract, they denied it ever existed or could not recall it happening. But it soon became clear – and that is when the crisis meetings began.”

Fox Sports News journalist Aspen Blomfield reported the player “suffered multiple concussions in their early days” in the AFL, but “wanted to continue playing” – hence the deal was struck between the two parties. It was reported senior club executives sought board for the deal, which was signed two years ago.

Clause 7.3 of the AFL’s standard playing contracts states: “The AFL club shall provide a playing, training and working environment which is, so far as is reasonably practicable, free from any risk to the health, safety and welfare of the player. No player shall be engaged by a club other than under the Contract of Service lodged with the AFL. The Contract of Service shall be in the form prescribed from time to time.”

AFL Players’ Association chief executive James Gallagher told CODE Sports his union was “in discussions with AFL to better understand the circumstances of this case and ensure this issue is not replicated further at the elite level”.

Concussion campaigner and player manager Peter Jess declared to Clark: “This is the most retrograde step witnessed in any professional sport for safety and duty of care by an employer. This walks players back to the dark ages of health and safety for profit.”

It comes after a recent AFLPA poll showed 82 per cent of AFL players had reported “high levels of concern about long-term effects of concussion - the highest on record and increasing every year”, per the player union’s report.

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