澳洲橄榄球联赛(AFL)的Geelong俱乐部两年前与一名有脑震荡病史的球员签署秘密协议,要求该球员承担未来脑部损伤的法律责任。[1]AFL球员协会对此举提出强烈谴责,首席执行官James Gallagher表示,"俱乐部不能单方面规避其在集体协议和标准运动员合同下的义务"。[1]法律专家Leon Harris也指出,"你不能通过合同规避法定责任"。[1]
此事引发了更广泛的健康安全担忧。超过100名前AFL球员已加入一项10亿澳元的集体诉讼,涉及头部创伤的长期影响,该案将在明年开庭审理。[1]与此同时,WorkSafe正在调查AFL的脑震荡管理协议。[1]Melbourne教练Steven King表达了行业内的普遍立场,称"我永远不会要求球员冒着生命危险去比赛"。[1]
Geelong, an Australian Football League club, entered into a confidential agreement with a player who had a history of concussions, requiring the athlete to assume legal responsibility for future brain injuries [1]. The arrangement has drawn sharp criticism from the AFL Players' Association, which contends that clubs cannot unilaterally sidestep their obligations under collective bargaining agreements and workplace health and safety legislation [1].
The agreement was signed two years ago [1]. Legal expert Leon Harris stated that "you can't contract your way out of a statutory liability," underscoring the legal vulnerability of such arrangements [1]. AFL Players' Association Chief Executive James Gallagher emphasized that "clubs cannot unilaterally contract out of their obligations under the CBA and standard playing contract" [1]. The disclosure comes amid a growing wave of litigation, with more than 100 former AFL players pursuing a A$1 billion class action lawsuit set to proceed in court next year [1]. WorkSafe is currently investigating the AFL's concussion management protocols [1].
Melbourne coach Steven King remarked that "I would never ask a player to put himself at risk to play," highlighting broader concerns within the sport about player welfare [1].