Bernard Quinn KC will head up the four-person panel appointed by the AFL to investigate allegations of racism referred to the AFL by Hawthorn 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.
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.
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 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.
Alastair Clarkson (left) and Chris Fagan at Hawthorn in 2016.Credit:Getty Images.
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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