AFL concussion: Peter Jess calls on WorkSafe to prosecute AFL

Concussion campaigner Peter Jess says the AFL “failed” its players with “unsafe” return-to-play protocols after head knocks and wants WorkSafe to prosecute the league.

A concussion campaigner is requesting WorkSafe Victoria to consider prosecuting the AFL for not providing a safe workplace through its return to play protocols to break a stalemate he is having with the authority.

WorkSafe has been investigating how the AFL has handled concussions since November 2019, and is yet to make a determination or release any of the three reports it has compiled.

Stream every match of every round of the 2022 Toyota AFL Premiership Season Live & Ad-Break Free During Play on Kayo. New to Kayo? Try 14-days free now.

Peter Jess, a veteran player agent and concussion campaigner, has now requested it gets moved to WorkSafe’s prosecution arm in a bid to break this stalemate.

In correspondence to WorkSafe last month Jess alleged the league “failed to ensure that players in the AFL, AFLW and second tier competitions were not exposed to risks to their health and safety” through their “unsafe” return to play protocols.

Retired Power star Brad Ebert suffered several concussions in his career. Picture: Getty Images

The AFL, who last week confirmed its minimum 12 day mandatory break for concussed players would continue in 2022, said it was continuing to work with WorkSafe Victoria.

In his request for prosecution, Jess alleged the AFL “failed to exercise reasonable care” for the playing cohort by not using multi-modality tests for all players when they enter the league to adequately monitor them and any potential brain damage.

He said since 2009 over 30 players had to prematurely retire from their AFL careers because of the effects from concussions.

“Somebody has to be responsible for over 30 young men who have retired from the accumulated effects of concussion,” he said.

“You tell me how many other workplaces where 30 people have to retire from brain damage in a 10 year period, I don’t know many.

“It’s an industrial disease, it was created at their workplace and I’m not sure under any definition that we could actually put our hand on our heart and say gee we have more than 30 young men who have had brain damage and had to retire early from the game and say it is a safe workplace.”

Former No.1 pick Paddy McCartin has joined Sydney after head knocks almost ended his career. Picture: Getty Images

Jess said until “safe” return to play protocols were introduced, as well as multi-modality testing regimes and concussion passports, the AFL was an unsafe workplace.

“I just want to make the game safe, I don’t want to stop the game,” he said.

“We can’t have this continuation of damage where you have young men and now women suffering from brain damage, I don’t think from society’s point of view that is acceptable.

“Even this afternoon I had another former player ringing me to say he’s having issues.

“It just doesn’t stop, and some of the damage is horrific and if we turn a blind eye to it and say it is an acceptable part of our game then I think as a society we have failed these young men.”

Jess said there needed to be a complete review of the return to play rules and an independent Australian concussion consensus group should be established so protocols “unique” to Australian sport could be created.

Contact sports such as the AFL adopt guidelines for return to play protocols from the Concussion Consensus Statement, produced by the global Concussion in Sport Group.