The AFL has appointed independent legal counsel to examine Geelong’s controversial concussion waiver involving Jake Kolodjashnij—but the lawyer will not single-handedly decide the Cats’ punishment.
The external counsel will assist the AFL Commission in assessing Geelong’s submission and determining whether the club breached league rules. No sanction has been imposed, despite reports suggesting the Cats could receive a six-figure fine.
AFL Commission chair Craig Drummond, who was Geelong president when the agreement was signed in 2024, has recused himself from the process.
AFL confirms independent legal appointment
The AFL confirmed its chief executive and commissioners met without Drummond before agreeing to bring in external legal counsel.
“Across the weekend, the AFL CEO and Commission met—minus Craig Drummond—and engaged independent legal counsel to assist the Commission’s determination in response to Geelong’s submission,” an AFL spokesperson said.
The lawyer’s identity has not been publicly revealed. Reports have described the appointee as an independent King’s Counsel.
Importantly, the AFL Commission retains responsibility for the ultimate decision. The independent lawyer has been engaged to review the material and advise the remaining commissioners rather than personally impose a sanction.
The development was first reported by The Age before being confirmed by the league.
Why Drummond cannot be involved
Drummond was Geelong’s president when Kolodjashnij signed the informed-consent document containing the contentious waiver.
He became AFL Commission chair in March 2026, creating an obvious conflict of interest once the league began considering possible action against his former club.
Drummond has confirmed he will not participate in any discussions or decisions concerning the matter.
“I have not and will not be involved in any deliberation in relation to this matter and its assessment under the AFL rules and regulations,” Drummond said.
The appointment of external counsel gives the investigation an additional level of separation, although the final determination will still be made within the AFL’s existing governance structure.
Former Gold Coast chairman Tony Cochrane had been among those calling for a genuinely independent investigation, arguing the league could not be allowed to act as both “judge and jury”.
What Geelong allegedly did wrong
The waiver was included in an informed-consent document signed by Kolodjashnij after he underwent assessment through the AFL’s independent concussion panel.
The defender had been medically cleared to continue playing, but Geelong sought additional acknowledgement of the potential long-term risks associated with returning to football.
The contentious clause attempted to make Kolodjashnij responsible for potential future brain trauma and limit the legal exposure of the club and its medical staff.
The AFL and AFL Players’ Association have confirmed that the document was neither lodged with nor approved by either organisation.
Geelong has since agreed to remove the waiver.
“The player then signed a letter acknowledging the potential risk and sought to waive some potential future legal rights, which was not lodged with or approved by the AFL or the AFLPA,” the organisations said in a joint statement.
“The AFL is satisfied that the letter was not used by Geelong to allow a medically unfit player to return to play.”
That distinction matters. The investigation is not based on an allegation that Geelong deliberately fielded an unfit player. It centres on the wording of the waiver, the process through which it was created and the failure to lodge it with the AFL and AFLPA.
Geelong’s emails could become crucial
As previously reported by The Sporting Base, Geelong is expected to rely on email correspondence with AFL officials when explaining its handling of the agreement.
The Cats reportedly contend that league officials were aware of discussions surrounding the informed-consent document before it was completed in February 2024.
However, awareness of negotiations would not necessarily establish that the AFL approved the final waiver. The completed document was not formally lodged.
Geelong chief executive Steve Hocking has accepted responsibility for that failure.
“I take responsibility for the fact that we didn’t lodge it with the AFL and the PA,” Hocking said.
“Whatever the AFL decide to do from here is up to them.”
The independent legal adviser will presumably need to examine the reported emails, the final document and the AFL’s applicable rules before advising the Commission.
Drummond admits Cats “went too far”
Drummond has already apologised for his involvement in the matter and acknowledged the waiver should not have been included.
“Regardless of the player’s agreement, the club went too far in adding a waiver into an informed consent document and it will be removed,” he said.
“The waiver did not remove the player’s protections under statutory health and safety laws.
“As the club has also acknowledged, there was also a process failure in relation to lodgement of the agreement with the AFL and the AFLPA.
“I apologise for the mistakes made in this very complex situation.”
Those comments make it difficult for Geelong to argue that no mistake occurred. The outstanding questions concern the seriousness of any rules breach, what the AFL knew and what sanction is appropriate.
Kolodjashnij criticises medical information leak
Kolodjashnij identified himself as the player involved after speculation surrounding the confidential agreement intensified.
He defended the independent assessment process and expressed frustration that his private medical information had entered the public domain.
“I participated fully in the AFL’s independent concussion panel process, respected its independence, and was comfortable with the outcome,” Kolodjashnij said.
“What disappoints me most is that my private medical information has been made public. Everyone deserves the right to keep their confidential medical information private.”
The 31-year-old also said he was healthy and focused on contributing for Geelong over the remainder of the season.
His welfare and privacy should remain separate from the governance questions now confronting the Cats and the AFL.
Independent counsel is necessary—but not enough
Appointing external counsel is a sensible step given Drummond’s previous position at Geelong.
It does not automatically make the entire process independent.
The AFL Commission will still determine the outcome, and questions remain about whether league officials knew negotiations were occurring before the agreement was signed.
A transparent explanation will matter more than the size of any fine.
The AFL must disclose which rules were breached, what its officials knew and why the completed document escaped the required approval process. Anything less risks making the independent appointment appear like protection for the league rather than genuine accountability.
No punishment has yet been decided. When it is, the reasoning behind it must be made public.
MORE AFL NEWS: Click Here To View More Of Our AFL News
