Six-figure blow: AFL punishment for Cats’ concussion contract ‘oversight’ revealed

The AFL has handed Geelong a significant financial sanction for its heavily-scrutinised concussion clause in premiership defender Jake Kolodjashnij’s contract.

As first reported by The Age on Thursday afternoon, the league has hit the Cats with a $140,000 fine for breaching two AFL rules relating to a letter signed by Kolodjashnij, which was outside the standard playing AFL contract.

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The two rules found to have been breached by Geelong are:

— Rule 4.3(a): “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 by the AFL and the AFLPA.”

— Rule 28.3(c): “Each Club shall lodge with the AFL a true, complete and accurate copy of each contract for the Players of that Club and each amendment thereto; and

a Memorandum which sets out all terms (including terms of any Football Payments) promised, given or applied in respect of or by a Player or an Associate of a Player otherwise than pursuant to a contract, within 7 days of such contract or amendment being entered into or other agreement, arrangement or understanding being made.”

The AFL Commission this week met to consider the consider the Cats situation and subsequent investigation by James Peters KC.

The Age reported Peters found the failure by Geelong to lodge the document was “an oversight rather than a deliberate attempt to conceal the document from the authorities”.

The AFL Commission imposed a $100,000 sanction on the Cats and “activated” a suspended $40,000 fine, which was carry-over from a 2025 lodgement breach punishment following an AFL audit into Geelong’s past third-party agreements. The total sanction, accordingly, was $140,000.

Herald Sun chief football writer Jay Clark earlier this month broke the story that Geelong had failed to lodge a clause with the AFL and AFL Players’ Association in the contract of an unnamed player, who’d suffered multiple concussions.

Kolodjashnij then publicly identified himself as the player involved after days of speculation, revealing the personal toll the situation had taken on him and his family.

The AFL, subsequently, issued Geelong with a ‘please explain’ over the inclusion of the waiver in Kolodjashnij’s 2024 contract following several concussions. Peters was asked to examine the Cats’ reasonings and determine whether Geelong had breached any league rules.

The AFL released a statement on Thursday afternoon, which included the following details from the review’s findings:

— Geelong had “given careful and detailed consideration” to the risk of Kolodjashnij continuing to play following “an uncertain outcome from the AFL Concussion Panel”. The Cats then “consulted extensively with the AFL, club doctors, lawyers, insurers”, as well as with Kolodjashnij and his family.

— The Cats “did not intend to conceal the existence of the agreement or deceive the AFL or AFLPA”, nor was there any “inappropriate or improper conduct” by either Geelong or AFL representatives that warranted additional action under AFL Rules.

— There were “no adverse findings” in relation to Geelong’s decision to enter into an agreement with Kolodjashnij to “mitigate its legal exposure”.

— Kolodjashnij was “not coerced into signing the letter”.

— Geelong “acknowledged at the time that the agreement did not relieve it of its obligations to act in the player’s best interests”.

The full findings can be read here.

With AFL Commission Chair Craig Drummond, who was president of Geelong at the time the letter was signed, not involved in the Commission’s consideration of the matter, a statement was released by Paul Bassat, who’s been on the Commission since 2012.

“The review found Geelong breached AFL Rules by entering into an unauthorised variation to a player’s contract and failing to lodge that document with the AFL and AFLPA,” Bassat said.

“The health and safety of our players is our highest priority and the Commission is satisfied it was central to the decisions made by the Geelong Football Club.

“While the review found no intention to conceal the document or deceive the AFL or AFLPA, the Commission determined the rules were breached and that a significant sanction was warranted.

“All clubs are expected to comply with the rules and processes designed to protect players and the integrity of the game.

“It is clear this incident goes beyond the breach of lodgement rules, and has raised broader issues to do with informed consent in playing contact sport and the paramount responsibilities for players’ health and safety.”

Cats chief executive Steve Hocking defended the club’s handling of the situation, telling Geelong radio station K-Rock there was “not a lot” the club would’ve done differently if it had its time over. Hocking said the Cats felt the waiver was the only way Kolodjashnij could be allowed to sign a new contract at the end of 2024.

Kolodjashnij stayed away from Geelong training and ruled out of AFL and VFL selection during the height of the concussion saga, but returned to training on Tuesday this week as the Cats’ AFL and VFL teams both prepare for finals.

AFLPA chief executive James Gallagher said Kolodjashnij’s wellbeing “remains a priority for the AFLPA”, who’ll continue to “fully support him”.

“Jake should never have been put in this position,” Gallagher said.

“Head trauma is the biggest issue facing the game and the health and safety of our members must be the priority at all times.

“The Collective Bargaining Agreement and Standard Playing Contract are critical documents that provide certainty and clarity to the industry about their responsibilities and protections.

“We believed the letter was inconsistent with those documents and was therefore in breach of AFL Rules, which the AFLPA communicated to the AFL and Geelong.

“In recent weeks, the AFL and AFLPA reinforced that any variations to those agreements must be agreed by all parties and the AFLPA or they will be treated as ineffective and unenforceable.

“Equally, any arrangement that may affect protections connected to a player’s health or safety in a way which is inconsistent with the relevant terms of the CBA will not be approved by the AFLPA and the AFL.”

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