Jess JohnsonAs Sydney Swans prepare to host a depleted Richmond Tigers in AFL Round 12 on 30 May 2026, the injury toll at Richmond has put the legal spotlight back on a question Australian football has struggled to answer for years: what are AFL clubs actually required to do when a player suffers a serious blow to the head — or any other potentially career-altering injury? Richmond's Jonty Faull entered concussion protocols after a heavy collision in the Dreamtime at the G game against Essendon in Round 11, while Tom Lynch was hospitalised with a larynx injury sustained in the same match. Both were ruled out for Round 12 within days.
AFL's Concussion Class Action: Growing Bigger in 2026
The legal backdrop to these individual cases is significant. According to Lexology and BigFooty, the AFL concussion class action expanded substantially in March 2026, as more former players joined claims alleging the league breached its duty of care by failing to adequately protect them from repeated head trauma during their playing careers.
The class action represents one of the most serious legal challenges in the AFL's history. Former players — including Ty Zantuck, who has specifically alleged Richmond breached its duty of care in monitoring and treating his concussion symptoms — argue that the AFL and individual clubs knew, or should have known, of the cumulative dangers of concussive and sub-concussive impacts and failed to implement adequate protocols earlier.
The AFL has responded by tightening its player protection rules and, in May 2026, releasing updated community concussion guidelines — the current applicable version for managing sport-related concussion in Australian football at all levels.
What the AFL's May 2026 Concussion Guidelines Actually Require
The updated guidelines published at play.afl/concussion set out a structured process for any suspected concussion: immediate removal from play, a mandatory stand-down period before return-to-play assessment, and a staged return-to-training protocol that cannot be compressed regardless of match urgency or team selection pressure.
At the elite level, clubs must have a club doctor and qualified medical staff present at every game and training session. If a player shows any sign of concussion — disorientation, unsteady gait, memory loss, visible dizziness, or behaviour that is not normal for that player — the AFL's protocols require them to leave the field immediately and not return in the same match. This is a no-exceptions rule.
The guidelines also outline a formal return-to-play ladder: a player cannot progress to the next stage unless they are completely symptom-free at rest, under cognitive load, and during physical exertion. A club doctor must certify each stage. Compressing this process exposes the club to potential negligence claims if a second impact occurs.
What Clubs Are Legally Obligated to Do
Under Australian occupational health and safety law, an employer — including an AFL club — owes its workers (including professional athletes) a duty to provide a safe system of work. For AFL players, this means clubs have a legal obligation to:
- Follow the AFL's concussion protocols as a minimum standard of care
- Provide prompt and appropriate medical assessment for any player who sustains a head injury or other significant trauma during training or match play
- Not apply pressure — directly or indirectly — on players to return to play before they are medically cleared
- Document all injury assessments, treatments, and return-to-play decisions
Failure on any of these obligations can give rise to both civil negligence claims and, in serious cases, findings of breach under state-based Work Health and Safety legislation. The expanding class action reinforces that courts are willing to scrutinise club medical decision-making retrospectively, even years after injuries occurred. AFL player rights under injury clauses are also covered in the context of a related match dispute in Geelong vs Sydney Round 11: What Are AFL Players' Rights?.
What Players Can Actually Claim
Professional AFL players who sustain career-impacting injuries have several potential avenues. The AFL Players' Association provides access to confidential legal advice and player welfare services as part of its collective agreement with the AFL. For injuries sustained in training or match play, players may be entitled to:
Workers' compensation: AFL players are employees and are covered by workers' compensation schemes in the state where their club is based. Claims can cover medical costs, income replacement if unable to train or play, and in serious cases, lump-sum payments for permanent impairment.
Common law damages: Where a club's negligence is established — for example, by applying pressure on an injured player to return early, or by failing to follow proper concussion protocols — a player may have a common law negligence claim for economic loss, pain and suffering, and future loss of earnings.
Contractual entitlements: AFL Standard Playing Contracts include injury clauses that guarantee payment during periods of incapacity directly caused by football activities. Players whose contracts are terminated or not renewed due to injury may have claims under their contract terms or the AFL's collective bargaining agreement.
The ongoing class action is significant because it establishes the principle that historic failures — not just current ones — can form the basis of claims. Former players are not time-barred in the same way as ordinary contract disputes.
What This Means for Grassroots and Amateur AFL
The obligations discussed above apply to professional clubs under elite-level AFL governance, but the ripple effect extends to community football. The AFL's May 2026 guidelines explicitly cover community and amateur competition. Club officials, team managers, and coaches at every level of the game — from juniors through to masters — must follow the same staged return-to-play principles. Failing to do so may expose community clubs to their own liability for player injuries.
Parents of junior players, in particular, should be aware that the same "when in doubt, sit them out" rule applies at Under-12 level as at AFL standard. A child who returns to play while still symptomatic following a head knock is at elevated risk of a serious second-impact syndrome — a potentially fatal complication.
Getting Legal Advice After a Sports Injury
If you or someone you know has suffered a head injury or other serious trauma playing contact sport, a sports law or personal injury lawyer can assess whether the club, association, or governing body met its duty of care obligations. Evidence preservation matters early: keep medical records, training logs, and any communications with club medical staff.
Expert Zoom connects Australians with qualified legal professionals who specialise in sports injury claims, workers' compensation, and negligence actions — whether you're a current player, a former player, or a parent seeking clarity on your child's rights in the club environment.
This article provides general legal information and does not constitute legal advice. Please consult a qualified legal professional for advice specific to your situation.
