Geelong fined $140,000 over concussion waiver
The AFL has fined Geelong $140,000 for failing to lodge a contract variation for defender Jake Kolodjashnij that included a waiver of legal risk related to concussion, according to two industry sources who confirmed the penalty to The Age.
The fine comprises a $100,000 sanction plus a $40,000 suspended penalty, which the league activated after the AFL Commission met on Tuesday night to consider the matter. The $40,000 suspended fine stemmed from an earlier $77,500 penalty imposed after an AFL audit of Geelong's third-party agreements and associates between 2019 and 2024.
The investigation, conducted by James Peters KC, found that Geelong's failure to lodge the document was an oversight rather than a deliberate attempt to conceal it, as reported by both ABC Australia and The Age. Peters was engaged by the AFL to assist the commission in reaching an outcome.
Geelong argued that the suspended fine should not be added because the Kolodjashnij waiver error occurred before that penalty was imposed, but the AFL decided to add it to the $100,000 sanction, totalling $140,000, The Age reported. The league planned to release the decision on Thursday, and both Geelong and the AFL were contacted for comment.
Background and investigation
The waiver was included in Kolodjashnij's contract in 2024, following several concussions. The Cats had put an agreement in writing stating 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, club doctors, an insurance expert and Kolodjashnij's family, put together an agreement that allowed him to play on as long as he adhered to conditions. However, the AFL Players' Association was not included in those deliberations, and despite the AFL being consulted throughout the process, the league did not see a final version of the agreement, as reported by The Age.
The official managing the process from outside the football department did not recognise at the time that such a document needed to be lodged, The Age reported.
Club and player responses
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," as reported by The Age. He also referred to the agreement as a "voluntary assumption of risk" and said there was extensive consultation when the agreement was reached, including with AFL officials, ABC Australia reported.
Geelong chief executive Steve Hocking previously defended the deal, saying there was "not a lot" the club would change in how it had dealt with the issue.
AFL chairman Craig Drummond recused himself from all commission deliberations because he was Geelong president when the deal was struck, The Age reported. The revelation had put pressure on both Hocking and Drummond, according to ABC Australia.
Kolodjashnij, who has played 209 AFL games, revealed in a statement a fortnight ago that he was the player in question, The Age reported. He has not played at any level since the waiver became public, according to both outlets. This season, he played 11 AFL games, most recently in round 18, as well as three VFL matches, with his most recent VFL match on July 31 against Collingwood at GMHBA Stadium, The Age reported. His future at the club remains uncertain.