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AFL Club Made Player Sign Secret Deal Taking Legal Risk for Future Brain Injuries

Bridie MoloneyPublished 3d ago3 min readBased on 12 sources
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AFL Club Made Player Sign Secret Deal Taking Legal Risk for Future Brain Injuries
Photo by Robert Frola / GFDL

A Victorian AFL club made a player with a history of concussions sign a secret agreement requiring him to assume all legal responsibility for any future brain trauma, according to a report published in News Corp newspapers on Thursday (ABC News).

The deal, first reported by the Herald Sun, was struck about two years ago with an unnamed footballer who remains an active AFL player. The club reportedly saw the agreement as the only way the player could continue his career given his concussion history.

The document required the player to "take upon yourself the physical and legal risk of loss, damage or injury" arising from future concussions. It acknowledged the player was at higher risk of further head knocks and could face more serious damage if he suffered another one. The club's aim, according to the report, was to exonerate itself and its medical staff from future court action (Herald Sun).

The AFL Players Association says it was unaware of the agreement and is now in discussions with the AFL to understand the circumstances and ensure it is not replicated. AFLPA chief executive James Gallagher was blunt: clubs cannot unilaterally contract out of their obligations under the Collective Bargaining Agreement or the Standard Playing Contract, nor can they sidestep health and safety laws. He also stressed that no player is permitted to return to play or train unless medically cleared (ABC News).

The story spread fast. Nine's coverage carried the headline "'Total disbelief' as AFL world reacts to secret concussion contract bombshell," and the report was picked up by the Canberra Times, ESPN and others (Nine; Canberra Times).

What gives this story its weight is the context around it. Concussion has forced several recent retirements: Angus Brayshaw (Melbourne), Jeremy McGovern (West Coast) and Nathan Murphy (Collingwood) all had to leave the game because of repeated head injuries. Former players Danny Frawley and Shane Tuck were posthumously diagnosed with chronic traumatic encephalopathy, or CTE — a degenerative brain disease linked to repeated head knocks. A multi-million-dollar concussion class action against the AFL, led by former Geelong defender Max Rooke, is set for trial next year in the Supreme Court of Victoria.

The insurance landscape has shifted too. Zurich, which had provided player insurance cover for years, pulled out of offering it in 2026 (Nine). The AFL released updated community concussion guidelines in May this year, and the AFLPA has long recognised concussion as one of the most significant issues facing players past and present.

The question now is whether a single club's private arrangement with one player points to a wider practice — and what the AFL and its players' union are prepared to do about it.