By Peter Ryan
The lawyer representing one of the families that contributed to Hawthorn’s cultural safety review says it is too early to tell whether her clients will speak to the four-person panel appointed by the AFL to investigate allegations of racism referred to the league by Hawthorn.
Dr Judy Courtin said she respected those chosen to be on the panel, but there were serious questions about whether the process could remain independent, given the league was establishing and funding a panel to investigate a club that had a member of the AFL Commission as president during part of the period under investigation.
Bernard Quinn KC will head up the four-person panel, with the league hopeful of receiving its findings in December.
Quinn will be joined by barristers Tim Goodwin, Jacqualyn Turfrey and Julie Buxton to conduct the investigation, which arose after allegations of bullying, misconduct and other inappropriate conduct by senior officials at Hawthorn towards some First Nations players, their families and partners between 2008-2016.
Asked whether her clients would participate, Courtin said: “We will wait and see.”
“My clients are being told yet again, ‘this is what you need, this is what we want you to do, this is good for you, you do this’,” Courtin said.
AFL CEO Gillon McLachlan admitted there was no guarantee those making the allegations would participate in the investigation, although he said he was “optimistic” they would. As they are not registered AFL officials, they cannot be compelled to appear.
The AFL has appointed the legal panel to oversee its investigation into the allegations contained in Hawthorn’s cultural safety review of Indigenous player experiences at the club. From left: Bernard Quinn KC, barrister Jacqualyn Turfrey, barrister Tim Goodwin, and barrister Julie Buxton.
McLachlan told reporters on Wednesday the terms of reference and the recommendations of the panel would be made public, and the panel would “make recommendations based on their findings on whether there has or hasn’t been a breach of AFL rules” based on their findings.
He defended the process, saying the AFL had been asked to put together an independent panel and had done so because the issues raised were so serious. However, Courtin said her clients had only agreed to engage in the Hawthorn review because they thought it would be for “the betterment of future First Nations players” and they were now left exposed and traumatised.
The most serious allegations were levelled against then Hawthorn coach Alastair Clarkson, then football operations boss Chris Fagan, who is now the Brisbane Lions’ coach, and then Hawks’ welfare officer Jason Burt in a Phil Egan-led review Hawthorn commissioned to investigate the experience of former Indigenous players at the club.
Clarkson, Fagan and Burt have said in statements they welcome the investigation and said they were not guilty of any wrongdoing during their time at the Hawks.
Fagan has taken a leave of absence as coach of the Lions while Clarkson, who was recently appointed North Melbourne coach, has deferred his starting date as a result of the investigation.
AFL commissioner Andrew Newbold, who was president of the club during part of the period the incidents alleged were supposed to have happened, has also stood aside from his role on the commission.
The panel will report in December, with its findings and recommendations to be made public.
The AFL said the Hawthorn investigation remained its priority but did not rule out further reviews being conducted across the league once it was completed.
The AFL Coaches Association had asked for a person with football experience to be part of the investigation panel while the AFL Players Association head Paul Marsh said he did not think it was appropriate for the AFL to appoint the panel given who the allegations have been levelled at.
The league’s legal counsel Andrew Dillon said he had confidence the panel had the appropriate mix of experience and expertise to ensure everyone involved had a fair opportunity to be heard.
He said consultation continued between legal representatives around the terms of reference but said it was important the terms included:
- The ability for all parties to share their perspectives, to hear the other side’s perspectives and to have an opportunity to seek cross-examination of other parties on their statements.
- An opportunity for mediation if a party seeks it during the process.
- Confirmation of a projected end date for the investigation in December 2022.
“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,” Dillon 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 investigation will look at the period covering January 1, 2008, to December 31, 2016, inclusive.
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