AFLPA in talks with AFL after report says Cats signed concussion contract with player

AFL club Geelong is under scrutiny over an alleged deal with a player with a history of concussions that required him to assume all legal responsibility for future brain trauma.

The secret agreement has been slammed by the AFL Players' Association (AFLPA), which was unaware of it, along with concussion campaigners and experts.

A bombshell report in News Corp newspapers on Thursday morning said a Victorian AFL club had the unnamed player sign the agreement in a bid to exonerate itself and its medical staff from future court action.

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The report said the club, confirmed by AAP to be Geelong on Thursday afternoon, viewed such an agreement as the only way the player could continue his career, given his history of multiple concussions.

The deal with the unnamed footballer, who is still an active AFL player, was signed two years ago.

The disclosure agreement reportedly required the individual to "take upon yourself the physical and legal risk of loss, damage or injury" arising from future concussions.

It also acknowledged the player was at higher risk of more concussions and could face more serious damage if they suffered further head knocks.

The AFL released a statement on Thursday evening addressing the issue.

"The AFL and AFLPA are aware of a complex and unique case in which a Geelong player was cleared as fit to play following an assessment by an AFL concussion panel," an AFL media release read.

"The player then signed a letter acknowledging the potential risk and sought to waive some potential future legal rights, which was not lodged with or approved by the AFL or the AFLPA.

"Geelong has advised the AFL today that the waiver in the letter will be removed, noting that the player continues to acknowledge potential risks.

"The AFL is satisfied that the letter was not used by Geelong to allow a medically unfit player to return to play."

Geelong also responded to the Herald Sun's report.

"Geelong Football Club acknowledges that the letter signed with one of its players went further than was intended and recognises the absence of the AFLPA in the process," a club statement read.

"The club will remove the waiver outlined in the letter, noting that the player continues to acknowledge potential risks.

At the time, the club was involved in extensive discussions with a player, their family and representative in relation to that player's concussion history.

"Those discussions, including medical advice from the club's chief medical officer and the AFL concussion panel, were documented in the letter, signed by the player.

"No direction was given requiring the player to medically retire.

"The club was not attempting to vary the terms of the AFL standard playing contract, or attempting to avoid its responsibilities under health and safety laws."

New AFL Commission chair Craig Drummond was the president of the Geelong board at the time the deal was struck.

"Clubs cannot unilaterally contract out of their obligations under the CBA and Standard Playing Contract, nor attempt to avoid their responsibilities under health and safety laws," AFLPA boss James Gallagher said in a statement.

"Importantly, no player is permitted to return to play or train unless they have been deemed medically fit to do so.

"We are 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 Peter Jess said those involved with the drafting of the contract must step down.

"The people who are responsible must resign immediately, the whole chain of command that has given this," he said.

"Even if the chairman of the commission knew, he must go. There is no place for these people in our sport."

Mr Jess said the intent behind the contract appeared to prioritise the club above the welfare of the player.

"If you are trying to limit your duty of care, if you are trying to limit your responsibility to that player, knowing full well that if he's been damaged to such an extent he may not have the ability to make an informed decision, it's frightening," he said.

Daniel Schram, special counsel at Margalit Injury Lawyers, said the player in question was likely incredibly vulnerable due to repeated brain trauma.

"Whether the player is in a position to sign a document like this is a particularly pertinent question," he said.

"I think it's horrifying that a club would ask a player to enter into an agreement like this about any physical injury, let alone a brain injury."

Mr Schram said he was unsure as to whether the contract would hold water legally but noted the statutory rights of players were inviolable.

"It's very difficult to say whether this type of agreement would hold up in court, these matters turn on their facts," he said.

"But what I would say is, you cannot contract out of legislation."

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