Hawthorn racism review: No guarantee aggrieved families will engage with AFL investigation
Gillon McLachlan has made a frank admission about the AFL’s independant investigation into racism allegations levelled at Hawthorn.
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League boss Gillon McLachlan has conceded there are no guarantees that aggrieved Hawthorn families will engage with the AFL’s independent review process as the panel endeavours to deliver its findings on harrowing allegations made by former players and their families by Christmas.
The league announced the four-person panel – headed by King’s Counsel Bernard Quinn – that will oversee the investigation into disturbing claims, some of which centre on former Hawks senior coach Alastair Clarkson, ex-Hawthorn football boss and current Brisbane Lions senior coach Chris Fagan and former Hawks staffer Jason Burt, among others.
All allegations – which include players being separated from their families and, in at least one case, a player being urged to terminate a pregnancy – have been strenuously denied.
But amid reservations from some of the families to be involved in the process, McLachlan said he is “optimistic” that they will be willing to speak with the panel in coming weeks.
“No, I don’t think we do (have any guarantees of that),” he said on Wednesday afternoon.
“We are working with the legal representation of the complainants.
“Ultimately, all we can do is put an independent panel together, the terms of reference that they’re considering and we’re consulting with them on and put together the best process we can as a result of a report that asked us to investigate.
“We can only do what we’re asked. We were asked by the complainants to put this together, and it’ll be their decision (on whether they engage), and we respect it.
“I’m optimistic they will, but we don’t have those guarantees.”
The AFL Players’ Association last week expressed significant reservations surrounding the independence of the process.
McLachlan said that under the investigation, which will be bound by the AFL Rules, “AFL employees are compelled to appear”.
Under the process, to be overseen by Quinn, and barristers Jacqualyn Turfrey – a proud Palawa woman – Tim Goodwin and Julie Buxton, all parties will be permitted to share their perspectives and “hear the other side’s perspectives”, while cross-examination of other parties on their statements will be permitted.
Clarkson – whose start date as North Melbourne coach has been pushed back pending the investigation – and Fagan has taken a leave of absence from the Lions while the investigation is underway, as has AFL commissioner Andrew Newbold who was president at Hawthorn for a significant period of time that is in question and has been central to allegations made by one partner of a former Hawthorn player, who claims she had informed him of alleged incidents happening under his watch.
The terms of reference for the investigation, which are being formulated with input from all parties, will be made public when settled upon, as will the full findings from the report which the league hopes will be completed in December.
The investigation will specifically focus on a time period spanning from January 1, 2008 until December 31, 2016.
The findings will be delivered to the AFL commission, along with the panel’s recommendations.
Clarkson delivered a stern statement last week where he expressed his concern at ensuring a fair process, but McLachlan said he was confident that would be achieved.
“ We’ve got an independent panel of eminent people … a balanced panel that we’ve announced,” he said.
“His legal team have given feedback on the terms of reference, as have all interested parties. These are people well-qualified to look into this under specific terms of reference.
“I feel it’s the appropriate mechanism to go forward.”
In announcing the panel, the league maintained it did not know the identity of the families that had provided explosive testimony to Hawthorn’s recent cultural safety review.
It said it was open to further reviews across the league but “the initial priority was to investigate the information passed on from Hawthorn”.
The league’s general counsel Andrew Dillon said the independence of the panel was a vital element to maintain.
“These are very serious allegations, and it is important that we have an independent panel that is able to hear the perspectives of all involved and to provide natural justice to those making the claims and those who have had claims made against them,” he said.
“It is also vitally important that the panel is able to complete its work independently of the AFL.
“The four-person panel, with their diverse backgrounds including in respect of Ms Turfrey and Mr Goodwin as First Nations persons will also have the ability to bring in additional outside expertise, whether that be in cultural safety, football administration or any other area the panel believes extra resource is needed.”
The process to appoint the panel has taken significantly longer than the league had hoped, with AFL chief executive McLachlan having flagged Grand Final day – 11 days before its eventual announcement – as a potential deadline for its appointment.
Leading silk Bernard Quinn KC has Royal Commission experience and recently undertook an independent review regarding allegations of plagiarism and other conduct of former league concussion adviser Associate Professor Paul McCrory.
Turfrey practises across all areas of commercial law and is an accredited mediator.
Goodwin, who is a member of the Yuin people of southern New South Wales, practises primarily in commercial and public law, while Buxton practises commercial, public, administrative and criminal law.
Hawks findings expected within months
— Lauren Wood and Jon Ralph
The four-person panel that will investigate historical allegations against key figures at Hawthorn has been confirmed with its findings expected by December.
As reported by the Herald Sun on Tuesday night, King’s Counsel Bernard Quinn will lead the investigation, with barristers Jacqualyn Turfrey – a proud Palawa woman – Tim Goodwin and Julie Buxton to make up the panel.
The investigation will specifically focus on a time period spanning from January 1, 2008 until December 31, 2016.
It will report back in December with the league confirming “it is expected that the report, including findings and recommendations, will be made public”.
Under the process, all parties will be permitted to share their perspectives and “hear the other side’s perspectives”, while cross-examination of other parties on their statements will be permitted.
It means incoming North Melbourne coach Alastair Clarkson – who had been set to start at Arden Street on November 1 – could, depending on the panel’s findings, be at the helm of his new club by Christmas.
Brisbane Lions senior coach Chris Fagan – who is central to a number of the allegations levelled after his stint as Hawks football boss – has taken a leave of absence while the investigation is underway, as has AFL commissioner Andrew Newbold who was president at Hawthorn for a significant period of time that is in question.
Clarkson, Fagan, Newbold and former Hawks player development manager Jason Burt have all vehemently denied any wrongdoing.
The league’s general counsel Andrew Dillon said the independence of the panel was a vital element to maintain.
“These are very serious allegations, and it is important that we have an independent panel that is able to hear the perspectives of all involved and to provide natural justice to those making the claims and those who have had claims made against them,” he said.
“It is also vitally important that the panel is able to complete its work independently of the AFL.
“Bernard Quinn KC, the chair of the independent investigation and panel members Jacqualyn Turfrey, Julie Buxton and Tim Goodwin are all eminently qualified barristers that will be able to provide their intellect and significant expertise to the process.
“The four-person panel, with their diverse backgrounds including in respect of Ms Turfrey and Mr Goodwin as First Nations persons will also have the ability to bring in additional outside expertise, whether that be in cultural safety, football administration or any other area the panel believes extra resource is needed.”
The process to appoint the panel has taken significantly longer than the league had hoped, with AFL chief executive Gillon McLachlan having flagged Grand Final day – 11 days ago – as a potential deadline for its appointment.
Leading silk Bernard Quinn KC has Royal Commission experience and has previously worked with the AFL in its independent review regarding allegations of plagiarism and other conduct of former league concussion adviser Associate Professor Paul McCrory.
Turfrey practises across all areas of commercial law and is an accredited mediator.
Goodwin, who is a member of the Yuin people of southern New South Wales, practises primarily in commercial and public law, while Buxton practises commercial, public, administrative and criminal law.
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