AFL concussion 2021: League turns to Peter Gordon to help set up a compensation and support fund

The AFL has enlisted a top Bulldog to look into designing a multimillion-dollar concussion compensation and support fund as it gets tough on head knocks.

Two-time Western Bulldogs president and leading lawyer Peter Gordon has been engaged by the AFL to help design a multimillion-dollar concussion compensation and support fund.

In the latest sign the league is serious about acknowledging the scourge of head knocks, Gordon Legal has begun work on how a “no-fault” AFL concussion scheme might work.

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Gordon’s engagement follows the league’s decision to recommend the retirement of West Coast Eagles premiership forward Daniel Venables because of ongoing concussion symptoms.\

Ongoing issue: Adelaide players Will Hamill and Nick Murray lay on the ground after clashing heads in Showdown 50 on Saturday night. Picture: AFL Photos via Getty Images

A long line of AFL players have been forced out of the game in recent years due to brain impairment, while three former stars — St Kilda’s Danny Frawley, Richmond’s Shane Tuck and Geelong’s Graham “Polly” Farmer — were diagnosed post-death with chronic traumatic encephalopathy or CTE — a crippling neurological disease linked to repeated head knocks.

Gordon, who served as Bulldogs boss from 1989 to 1996 and again from 2012-2020, has vast football industry experience and an extensive background in medical litigation.

He saw the extent of brain injury first-hand after 2016 premiership hero Liam Picken was forced to retire because of concussion-related issues.

West Coast Eagle Daniel Venables’ career was cut short this week because of a head knock.

Gordon Legal provided some preliminary advice to the AFL around concussion earlier this season and was engaged formally last week to advise on the design of a scheme.

Gordon will seek to consult with former players who have suffered health effects of concussion, as well as a wide range of medical experts, the AFLPA and long-time concussion campaigner Peter Jess in understanding the extent of players impacted by acquired brain injuries and the merits of the league’s current hardship funds.

Former Demons star Shaun Smith pocketed a $1.4 million insurance payout because of crippling brain injuries.

AFL players are excluded from workers compensation rights, forcing many to consider redress through the courts.

Gordon is on record as having cast doubt on the viability of a class-action lawsuit against the AFL over concussion, despite the success of a massive class action lawsuit in the US against the NFL.

Gordon’s framework will embrace men’s and women’s competitions and could also explore how a compensation fund might benefit state, suburban and country league Australian Rules footballers.

Former Essendon and Geelong ruckman John Barnes, with wife Rowena, is an AFL concussion victim. Picture: Michael Klein

“This is a really important, complicated and evolving area and my team at Gordon Legal is delighted to be able to make a contribution to it,” Gordon said.

“Several members of our team have real world experience in men’s and women’s footy as well as the law so we have some understanding of how personal and important this is both for past and present players and for their families. We are very committed to it.”

The late Shane Tuck was found to have has suffered from chronic traumatic encephalopathy or CTE — a crippling neurological disease linked to repeated head knocks.

WorkSafe Victoria is conducting its own independent inquiry into the AFL’s concussion protocols, while the circumstances behind Tuck’s death last year remain at the centre of a coroner’s investigation.

Mark-of-the-Century high-flyer Shaun Smith made headlines last year when it was revealed he had pocketed a massive $1.4 million insurance payout because of crippling brain injuries suffered while playing football.

The AFL this year introduced a 12-day concussion sideline rule — up from a mandatory six days in 2020.

The AFL spokeswoman was contacted for comment.

Jess said the proposed AFL concussion trust was “light at the end of the tunnel for a large number of players”.

“This is the first step in addressing the injustices of professional athletes in collision-based sports who are suffering from neurological impairments — and I’m sure it will save lives,” he said.

Originally published as AFL concussion 2021: League turns to Peter Gordon to help set up a compensation and support fund