AFL to change AFLW judicial system in concession match review penalties for females were unfair

IN AN unprecedented move, the AFL has reduced Western Bulldogs star Katie Brennan’s suspension and promised to change the AFLW judicial system.

Katie Brennan in action for the Bulldogs. Pic: Getty Images

IN an unprecedented move, the AFL has wiped a week’s ban from Katie Brennan’s record and promised to change the AFLW judicial system in what appears a concession its match review penalties for females were unfair.

The league has now avoided a gender discrimination battle with the Australian Human Rights Commission, brought by Brennan, by agreeing to change penalties for the women’s league in 2019.

The Western Bulldogs captain missed out on her team’s premiership victory in March after she ultimately failed to convince the AFL appeals tribunal that her ban was inequitable.

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Brennan’s ban highlighted a disparity in the league’s match review rules, where she was handed a suspension while a man playing in the AFL would have received a fine for the identical offence.

The league vowed to work with players, including Brennan, to devise the new penalty system.

The 25-year-old took her ban, increased from one week to two weeks because of a failed tribunal challenge, to the AFL appeals board, which rejected her arguments, including of sex discrimination.

She considered a Federal Court battle to allow her to play in the grand final, but instead filed proceedings with the Australian Human Rights Commission against the AFL on the grounds of gender discrimination.

The AFL at the time stood by its rules.

Brennan has dropped her appeal to the AHRC after the league said AFLW sanctions would change. With her ban halved by the AFL it is now deemed served and she is eligible to play in Round 1 next year.

Brennan said at the time of lodging the appeal she wanted to have her suspension overturned and for the AFL to amend AFLW rules to mirror those of the men’s competition.

Katie Brennan was banned for a ‘sling’ tackle.

The broader goal was “to ensure that in future, other women players are not more likely to be suspended than men for identical conduct with identical disciplinary records”.

A joint statement from the AFL and the Western Bulldogs yesterday said: “The AFL will amend the differences in the sanctions regime to ensure AFLW players are not more likely to be suspended than men for identical conduct with identical disciplinary records”.

Brennan was charged with rough conduct for her final-round sling tackle on Demon Harriet Cordner and received a reprimand from match review officer Michael Christian.

As it was her second reprimand for the season it triggered a two-match ban under AFLW rules, ­reduced to one with a guilty plea.

A male player in the AFL would have been fined $2000 and $3000 respectively for the two rough conduct offences.

Fines were excluded from AFLW penalties due to relatively low payments received by women but for Brennan the move had a disastrously unintended consequence.

Wednesday joint statement said: “The AFL acknowledges that the sanction regime established by the league for the women’s game differs from the men’s game. This regime was established in good faith and in consultation and agreement with the players through the AFLPA in 2016.”

Brennan confirmed she would play a role in developing the new match review penalty system.

Ellie Blackburn with suspended skipper Brennan, who missed the AFLW grand final through suspension. Pic: AAP

“I am delighted the AFL has taken the time and responded to review and adjust the rules,” Brennan said in the statement.

“I look forward to working collaboratively with the AFL, along with fellow players in the future.

“The decision to push for change in the rules at this vital time of development reflects the passion I have for the game and the future generations of our sport. The competition is still in its early days and that means it requires appropriate care and support for the growth and sustainability.”

Brennan thanked Dogs president Peter Gordon in particular for his support.

AFL general counsel Andrew Dillon said: “We are pleased to have reached this result. The establishment of the AFLW has at all times attempted to create a new league which both recognises the heritage of the game, but is also open to creating something different and unique. Our decisions are based on what is best for the growth, sustainability and popularity of the national women’s league.”

“While creating something new and different, there will always be challenges and inturn opportunities to improve. The post-season review gives us that opportunity in respect to the AFLW and broader league initiatives.”

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