AFL release details for Hawthorn racism investigation

The AFL have released the terms of reference for the independent panel that will lead the investigation into the recent allegations made by First Nations Hawthorn players during their time at the club between 2008 and 2016.

The allegations made against former Hawthorn coaches, including Alastair Clarkson, Chris Fagan and Jason Burt, have ignited an investigation into the harrowing claims, with the AFL calling on a four-person panel led by senior lawyer Bernard Quinn KC.

The panel, also consisting of Ms Jacqualyn Turfrey, Mr Tim Goodwin and Ms Julie Buxton, was appointed on October 7 and have consulted with the AFL in recent weeks to form the full terms of reference for their investigation.

• The ability for all participants to share their perspectives, to hear the perspectives of other participants and to respond.
• An opportunity for mediation if a party seeks it during the process.
• A projected end date for the investigation in December 2022.

The terms of reference also state the final submissions of participants in the investigation are due on December 6, however, the process plan timetable may vary.

• The report will be prepared by the Investigation Panel and will be released publicly. It will set out:
  • The Panel's findings as to whether the inappropriate conduct occurred and, if so, the circumstances in which such conduct occurred.
  • Recommendations as to whether any persons who engaged in, were involved in and/or were aware of any inappropriate conduct should, in the view of the Investigation Panel, be subject to disciplinary action which would be undertaken pursuant to a separate process under AFL Rules
• Any other recommendations connected to the matters for investigation that may be considered by the Independent Investigators to be appropriate.
• The investigation will begin immediately with the Panel now able to gather relevant documents from the participants.
• Initial written or otherwise communicated statements are due on November 4, 2022 with responding statements and documents required according to the timetable set out in the Process Plan.
• The Investigation has adopted stated principles relevant to the interaction between the Investigation Panel and First Nations persons and Participants to ensure that the inquiry is conducted in a culturally safe, secure, and respectful manner.
• The investigation will run independently of the AFL and the panel will prepare a report by projected end date in December 2022.

AFL chief executive Gillon McLachlan stated that the terms of reference "provide the guide rails for which the investigation can be undertaken."

“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,” he said in a league 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."

Former Hawthorn-listed players, or those close to former Hawthorn-listed players, who may be able to provide further information for the independent panel are able to contact Gordon Legal. Any enquiry would be treated confidentially.