‘No intention to conceal or deceive’: Geelong hit with $140k fine over concussion waiver

Geelong have been handed a massive $140,000 fine for failing to lodge the variation to Jake Kolodjashnij’s contract which included what AFL chairman Craig Drummond described as “a waiver” to reduce their exposure to legal risk if the defender suffered another concussion.

The AFL Commission met on Tuesday night to consider the matter following an investigation by James Peters KC, who found the failure to lodge the document by the Cats was an oversight rather than a deliberate attempt to conceal it from the authorities.

The club was represented at that meeting. The Cats argued that a $40,000 suspended fine, which was hanging over them following a $77,500 fine last year after an AFL audit into the club’s third-party agreements and associates between 2019-2024, should not be added in this case as the Kolodjashnij waiver error occurred before that penalty.

However, the AFL decided to add the suspended fine to a $100,000 sanction to come up with a total of $140,000. Two industry sources confirmed the size of the penalty to this masthead, which the AFL released on Thursday. Geelong were contacted for comment.

The AFL declared in its statement, releasing a summary of Peters’ findings, that the Cats did not intend to deceive the league and that Kolodjashnij was not coerced into signing the agreement.

“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,” commissioner Paul Bassat said on behalf of the AFL Commission.

“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.

“The commission has imposed a $100,000 sanction and has additionally activated a previously suspended $40,000 sanction relating to a player contracting matter.”

The Cats had put an agreement in writing that the premiership defender acknowledged the risk of continuing his career after the league’s concussion panel delivered an “amber” finding which left the responsibility for the decision to play on in the player’s hands.

The club, in consultation with the AFL, their club doctors, an insurance expert and Kolodjashnij’s family, put together an agreement which satisfied Kolodjashnij and the club that he could play on as long as he adhered to the conditions. They did not include the AFL Players’ Association in their deliberations and despite consulting the league throughout the process, the AFL did not see a final version of the agreement.

Geelong president Grant McCabe said at the president’s function before Saturday’s match against Richmond that “the club took careful and detailed steps and nothing was done in secret”.

The Geelong official managing the process from outside the football department did not recognise at the time such a document needed to be lodged.

Drummond recused himself from all commission deliberations as he was Geelong president at the time the deal was struck.

The league flagged a major change in policy as a result of this incident.

“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,” Bassat said.

“Working with the AFLPA, medical experts, and other stakeholders, the AFL will have more to say on these significant policy matters.”

Kolodjashnij has not played – at any level – since the waiver became public. He has played 11 AFL games this season – most recently in round 18 – as well as three VFL matches. The most recent of those was on July 31 against Collingwood at GMHBA Stadium. His future at the club remains uncertain.

In a statement a fortnight ago, the 31-year-old Kolodjashnij, who has played 209 AFL games, revealed he was the player in question.

“I participated fully in the AFL’s independent concussion panel process, respected its independence, and was comfortable with the outcome. I have continued playing AFL football since,” he said at the time.

“What disappoints me most is that my private medical information has been made public. Everyone deserves the right to keep their confidential medical information private.

“I am healthy, feeling good, and focused on playing my role for the team for the remainder of the season.”

More to come

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