‘No guarantees’ families will take part in Hawks probe as terms revealed

The panel investigating allegations of racism at Hawthorn will consider not only if inappropriate behaviour occurred towards First Nations players, their families or partners but if it did, who knew about it at management and board level.

The terms of reference for the panel were released on Thursday with a timetable for the panel to investigate and deliver a report of findings, which will be made public “in December”.

The terms of reference have been released for the panel investigation claims of racism at Hawthorn.Credit: AFL Photos

But AFL CEO Gillon McLachlan says there are no guarantees the parties who have levelled racism allegations against Hawthorn will participate in the investigation.

“We’re obviously encouraging the complainants to tell their story,” McLachlan said on Thursday.

“We believe it’s an independent, culturally diverse panel. The terms of reference are transparent, the process we believe gives cultural safety and we’re here at the behest of the families. So we are encouraging them to [participate] but ultimately that will be a decision for the complainants.”

Initial statements are due on November 4. If the investigation finds anyone should be subject to a discipline process, that would be a separate process under AFL rules.

As The Age reported on Monday, former coach Alastair Clarkson intends to commence his new job as coach of North Melbourne on November 1 now that the terms of reference and process plan have been released. Ex-Hawthorn football manager Chris Fagan, now Brisbane Lions coach, also intends to resume from a leave of absence.

Both men have strongly denied the allegations made against them but have also not yet been officially provided with a copy of the Hawthorn report or been made aware of the identities of the former players and their families making the claims.

“We’re anticipating they’ll come back to work and they’ve actually respected the seriousness of these allegations by going on leave,” McLachlan said.

“I actually think that they’re to be commended and I think with the terms of reference being on foot, hopefully the process that follows actually gives some certainty for the accused and the complainants. I’m sure the clubs will be picking up the conversation about if there’s an environment for them to come back to work.

“Ultimately it’s a decision for the clubs.”

The detailed terms of reference for the four-person panel of lawyers, chaired by Bernard Quinn, KC, will allow “all participants to share their perspectives, to hear the perspectives of other participants and to respond”.

It does not specify whether the process extends to cross-examination in a hearing, only that the presentation of written or video statements by participants will be presented to each party and can be responded to.

The panel has absolute discretion over who can and cannot attend any day of any hearings, which will not be public.

Anyone involved in the process, from former coaches and staff to the First Nations players, their families or partners, will be given the opportunity to detail their experiences in a place of their choosing, to provide a culturally safe environment.

All parties will be able to seek to enter mediation at any stage during the process.

The panel will initially focus on any behaviour during the period of 2008 to 2016 but can look beyond those dates if it deems it necessary.

The panel will decide if any inappropriate conduct occurred. The terms of reference spell out that broadly inappropriate conduct can include:

• Racist behaviour, bullying, inappropriate intrusion or control over the family, cultural and/or non-football lives and wellbeing of players, their partners, friends and families.
• Racialised or genderised stereotypes by Hawthorn people would also be considered inappropriate. This may encompass behaviour such as the comments alleged to have been made by former president Jeff Kennett towards Cyril Rioli’s partner Shannyn Ah Sam-Rioli over her torn jeans and the public controversy over Kennett’s ownership of a golliwog called Buddy.

Specifically, the terms of reference go on to identify whether Hawthorn staff made demands or pressured players about their living arrangements, relationships, freedom to travel interstate or have visitors from interstate; and whether they removed SIM cards or controlled a player’s phone.

They also specify investigating whether the club sought to influence player or their partner’s plans around starting a family “including whether they were counselled or encouraged to terminate pregnancies or (behaviour) which impacted on/or affected pregnancies”.

The terms go further to say if any inappropriate behaviour occurred, was it known and countenanced at board level? And if it did occur, should anyone in management have known? And did the club offer any support?

The panel will also investigate whether the “Cultural Safety Review” done by Phil Egan of Binmada was the appropriate mechanism, and used appropriate procedures to investigate the matters he was hired to look at.

“Given the seriousness of the allegations, it is important that we set up an independent investigation that is fair and provides a clear and safe process to investigate the matters referred to the AFL by the Hawthorn Football Club,” McLachlan said in a statement.

“The terms of reference provide the guide rails for which the investigation can be undertaken in a culturally safe environment.

“We have listened to the feedback and taken further steps to ensure the panel has independence from the AFL and therefore there have been a number of additional protections added, including the investigation panel having the ability to retain their own law firm, exercising control over release of the final report and being able to retain their own subject matter experts.

“This matter was brought to the AFL by the Hawthorn Football Club at the request of the families. We encourage those affected to take part so the panel can get to the bottom of the allegations with due process and natural justice to those who have made claims and those against whom allegations have been made.

“While we still do not know the identities of the persons/families who have recalled their accounts within the Hawthorn Football Club review, or with the journalist who published those accounts, we encourage their legal representatives to engage in the process as soon as possible.

“We have taken the time that was necessary to get this process right from the outset. This is an incredibly important investigation and once the panel has reported back, we need to come together as an industry and coordinate a much wider response to ensure we have a culturally safe environment across all clubs and within the AFL ecosystem.”

with AAP

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