By Michael Gleeson and Jake Niall
Hawthorn have settled their Federal Court case with Indigenous former players and their families, apologising for their experiences at the club, and reaching a financial settlement.
After two days of mediation this week, the club settled with Cyril Rioli, Shannyn Ah Sam-Rioli, Jermaine Miller-Lewis, Montanah-Rae Lewis, Carl Peterson and Leon Egan.
“Hawthorn is sorry and apologises that the former players, partners, and their families, in either pursuing a football career, or in supporting such a person, experienced ongoing hurt and distress in their time at the club,” the Hawks said in a joint statement with the former players, staff and family members.
Cyril Rioli and his wife, Shannyn Ah Sam-Rioli. Cyril is one of Hawthorn’s greatest ever players, winning four premierships and a Norm Smith Medal across his 189-game career. He was also named to the All-Australian team three times before his retirement at just 28.
“Hawthorn accepts that the allegations were made in good faith, and has heard, respects, and accepts that they represent their truths.
“Hawthorn remains committed to providing a safe environment for First Nations peoples and the elimination of all forms of racial discrimination.
“No person should suffer to pursue a career in football. By the former players, partners, and their families sharing their truths and raising their allegations, this has provided valuable learnings for the club and has greatly assisted the club in improving its processes, education and the care it provides to each First Nations player and their support persons.
“The fact the former players, partners and their families feel the way they do about their time at Hawthorn will continue to guide how the club interacts with and supports First Nations peoples moving forward.”
The matter ends the Federal Court action which had already cost the Hawks millions in legal fees. The players and their families were paid an undisclosed sum as part of this settlement, which exceeds the earlier Hawthorn offer of about $50,000 to each of the six parties, or about $300,000 in total.
Hawthorn were facing a further significant final hit in court costs – potentially millions – to continue to defend the matter.
The parties involved are bound by confidentiality not to discuss further details of the settlement.
The Federal Court action by the players and families was against Hawthorn Football Club and did not include the former coach Alastair Clarkson, ex-football manager and now Lions premiership coach Chris Fagan, former welfare manager Jason Burt, former football operations official Cam Matthews or the AFL. They’ve all consistently denied any wrongdoing.
Clarkson, Fagan and Burt had met with the First Nations players and partners in the course of a Human Rights Commission mediation that effectively resolved their issues, leaving Hawthorn as the only party subject to the Federal Court action.
The Hawks are not involved in any legal action with Clarkson, Fagan, Burt or Matthews but there is a question over who covers any outstanding legal costs for defending themselves in the matter.
Wednesday’s joint statement outlined changes the club had made since the complaints from the players over their experiences at the club were first made.
These changes include establishing a First Nations advisory committee; developing and implementing a First Nations strategic plan with expertise and advice from First Nations advisers, with experience from the AFL, Victorian Equal Opportunity and Human Rights Commission, and the state government.
They had also expanded the role of the Indigenous player development manager, which now incorporates head of Indigenous affairs.
The new Kennedy Community Centre had been designed to ensure a culturally safe environment by re-locating the established Tyetdji Yulk cultural room currently at Bunjil Bagora, Waverley Park, to a prominent position at the new Dingley centre.
The club is also exploring building an outdoor community and ceremony space at Dingley.
Keep up to date with the best AFL coverage in the country. Sign up for the Real Footy newsletter.