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A secret waiver but no punishment: the AFL’s concussion conundrum just got murkier

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yesterday

Just when you thought the Australian Football League’s (AFL) management of concussion could not get murkier, news arrived yesterday the Geelong Football Club required a player with a history of concussions to sign a letter waiving their legal rights with respect to any future brain trauma.

It was reported the Cats had a secret arrangement with a player who signed the agreement in a bid to clear the club and its medical staff from future court action. Late yesterday, the Cats acknowledged in a public statement the waiver did actually exist.

The AFL said it was a “complex and unique case” but said no punishment was forthcoming, despite insisting it had not approved the agreement.

It is the latest development surrounding concussion and the AFL and one that forecasts more uncertainty amid major rule changes, insurance concerns and an impending class action from former players.

The source of the problem

Professional sportspeople are the only workers in Australia who are systematically excluded from the workers’ compensation system.

The exclusion date backs to the 1970s when sports in Australia first began to be professionalised. Largely amateur leagues and clubs, fearful of the impact insurance premiums might have on their viability, successfully lobbied for an exemption.

In the absence of........

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