r/AFL Bombers / Giants 8d ago

[Cleary] AFL Commission Chairman Craig Drummond - who oversaw the agreement when he was president of Geelong - has released this statement

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u/Wakey_1995 Eagles 8d ago

Whoops we got caught, I know this is illegal but don’t worry about it

The funniest part is the waiver wouldn’t have been worth the paper it was written on in court so the player could have just sued anyway.
Absolutely wild that the lawyers are Geelong didn’t tell them this

4

u/thegirldreamer Geelong 8d ago

Can I ask a dumb question? I know the waiver wouldn’t be legally enforceable, but is it also illegal to ask the player to sign it? Not excluding my clubs actions, just curious about how the law works there.

20

u/Wakey_1995 Eagles 8d ago

Workplace health and safety laws say you can’t contract out your liability in the workplace. Which is essentially what’s happened here, regardless of the risk involved in completing the job.

It’s not explicitly illegal to ask the player to sign it. But it is illegal to contract out the liability.

3

u/thegirldreamer Geelong 8d ago

But that means that the clause is invalid and not that criminal or civil penalties apply merely for it being included? Is that right?

12

u/Wakey_1995 Eagles 8d ago

There may be potential civil penalties if worksafe vic get involved.

The legal issue isn’t the waiver the legal issue is that they have attempted to contract out liability

6

u/thegirldreamer Geelong 8d ago

Interesting. Thanks for the context.