Alastair Clarkson is poised to commence his new job at North Melbourne on time, and Chris Fagan to return to work at the Brisbane Lions once the terms of reference of the AFL inquiry are finalised as early as this week.
Both coaches are expected to resume their jobs – in Clarkson’s case commence – once the terms of reference are finally agreed, and while the panel conducts its investigation into allegations made from the pair’s time at Hawthorn.
The AFL has taken weeks to construct the panel of lawyers, chaired by Bernard Quinn KC, to investigate and consider allegations of racism referred to the league by Hawthorn. The AFL, the convened panel, and the lawyers for each party have been involved in drafting the terms of reference.
Sources said it was expected, or hoped, the terms of reference would be finalised this week.
The lengthy delays in establishing the panel, and then confirming how it will operate, are primarily a product of the fact that most of the parties to the investigation are voluntary participants and the AFL has no authority to compel their involvement.
Only Clarkson and Fagan, as AFL registered employees, can be compelled to participate, but both coaches have been eager to be involved to clear their names.
Fagan was not stood down from his job but took an extended leave of absence. He was, however, at Marvel Stadium in the Lions’ offices last week during the final day of the trade period.
Clarkson and North Melbourne mutually agreed that he would step back from commencing at the club as planned on November 1, so he could fully cooperate in the investigation.
Once the terms of reference are confirmed and there is clarity on what is required of the coaches by the panel, and the clubs are confident they can do their job and satisfy the panel’s needs, then the clubs believe there is no reason they should not do their jobs.
Legally, there is no reason for them not to resume coaching, and in fact it might be illegal to bar them from doing so.
The lawyers for the two coaches and former welfare officer Jason Burt, who is on leave from his job at a private school, are still yet to receive copies of the Hawthorn report of current and former first nations players and their families in which the serious allegations were made.
Consequently, the three know nothing of the specifics of the alleged incidents, other than what was written in an ABC story from separate interviews with certain former players and their partners.
Clarkson is presently in Scotland on an educational trip, meeting with Celtic’s Australian manager Ange Postecoglou.
“We’ve said all along, [Chris] Fages, Jason [Burt], [and] myself, [are] ready to defend ourselves at the earliest opportunity,” Clarkson told Channel Seven when he left.
Clarkson, Fagan and Burt have all denied any wrongdoing.