Flashscore has chosen not to name the player for privacy reasons, but it is understood the player had signed a waiver with the club agreeing to take on all responsibility regarding future concussions and related brain trauma to prevent being forced to medically retire after a series of concussions.
The club came under fire on Thursday, having been accused of forgoing their legal and ethical responsibilities as an employer as well as their duty of care to the player.
The discovering of the agreement came as a complete surprise to both the AFL and the AFL Players Association (AFLPA), neither of whom had been consulted during discussions between the player and the club.
The agreement could also have constituted a direct breach of AFL competition rule 4.3, which forbids clubs and players entering into any contract outside of the standard contract of service that needs to be lodged with the AFL.
Contact sports around the world are facing increasingly intense scrutiny regarding delayed brain trauma suffered by repeated concussions suffered on the field, with deceased former footballers such as Shane Tuck and Danny Frawley having exhibited chronic traumatic encephalopathy (CTE) in their autopsies.
Former Geelong player Max Rooke is leading a class action involving more than 100 past players who played VFL and AFL football between 1985 and 2023 which could result in a settlement in the hundreds of millions of dollars.
The AFL and AFLPA released a joint statement on Thursday evening accepting Geelong's explanation that the player in question was medically fit to return to football and that the agreement was not designed with the intention of Geelong escaping their responsibilities as an employer.
"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," they stated.
"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."
Shortly after, the Cats confirmed the secret agreement had been cancelled and that the club "went further than was intended".
"The Club was involved in extensive discussions with a player, their family and representative in relation to that player's concussion history," Geelong said.
"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. The Club’s focus throughout the process was providing care and support to the player, with the intention to give the player agency in the decision making process around their own playing career."
Aaron Murphy has been with Flashscore since 2018 and, as the founding editor of the Australian newsdesk, has reported on-site at several major events in Melbourne including the Australian Open, State of Origin, A-League, NBL and international cricket. You can read his pieces here and contact him on X or LinkedIn.
