AFL has nothing to fear over WorkSafe investigation: lawyer

Anderson said WorkSafe was unlikely to find any issues among concussion protocols which could spark legal action against league headquarters or the 10 Victorian-based clubs.

“In theory, of course it [concussion] is an issue that could come generally under WorkSafe healthy and safety law. There is no doubt about that,” Professor Anderson said.

“But if you look at it globally, from American sports to soccer, the AFL actually now has world-leading protocols. Whether or not WorkSafe investigate or not, I think they will find that the current protocols of the AFL are very good.


“The big issue with concussion is, the research is so dynamic on it, we are learning more and more all the time. All sports bodies have to be ultra cautious. I don’t think the AFL has anything to fear on further investigation about this.”

In terms of the handling of sub-clinical concussions, Anderson said: “That’s a medical, kind of scientific issue, but from a regulatory and legal point of view [on] the return-to-play protocols, the AFL is pretty good on that.”

“The issue of concussion with all sports is a long-time issue. We simply don’t know yet … all we can say is they are obliged under law to take reasonable care, which is the phrase used, and I would think the AFL at present are.”

WorkSafe has told Jess it is making “inquiries into your complaint” but whether a full investigation is launched has yet to be determined.


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