The attached “Notice of Investigation” is directed to persons that were Hawthorn Football Club (HFC) listed players in the period 2008 to 2016, or the family members, intimate partners or close friends of such HFC listed players who may know something about the allegations of inappropriate conduct at the HFC which they believe may assist the investigation.

>> The full Notification of Investigation into Hawthorn FC can be viewed HERE

AFL statement on independent investigation into Hawthorn Football Club

The AFL today released the full terms of reference for the four-person panel led by senior lawyer Bernard Quinn KC into the independent investigation of allegations of inappropriate conduct referred to the AFL by the Hawthorn Football Club.

On October 4, 2022, the AFL announced that Mr Quinn would lead the independent investigation into allegations of racist behaviour, bullying, and/or other inappropriate conduct by the Hawthorn Football Club (including by its coaches, football operations staff, independent contractors, management and/or board) towards some players on its playing list between 2008 and 2016 and in particular towards First Nations players, their families and/or their intimate partners. 

The other members of the four-person panel include Palawa woman and barrister Ms Jacqualyn Turfrey, barrister and member of the Yuin people of the South-East Coast of New South Wales Mr Tim Goodwin and barrister and human rights specialist Ms Julie Buxton. 

The terms of reference and process plan have been developed over the past three weeks following extensive consultation with the Investigation Panel and lawyers representing First Nations former players and families, and former Hawthorn coaches among others.  Gordon Legal has coordinated that consultation process.

>> The complete Terms of Reference and Process Plan can be viewed HERE

The Terms of Reference and Process Plan confirms:

  • 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. 

Features of the Terms of Reference and the Process Plan include: 

  • 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 CEO Gillon McLachlan said it was important the Terms of Reference and Process Plan addressed the feedback from all the participants and provided for an investigation to be conducted in a culturally safe environment that afforded due process and natural justice to those who have made claims and those against whom allegations have been made. 

"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," Mr McLachlan said.

"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.

"While we still do not know the identities of the persons / families who have recalled their accounts within the Hawthorn Football Club review, or with the journalist who published those accounts, we encourage their legal representatives to engage in the process as soon as possible.

"We have taken the time that was necessary to get this process right from the outset.  This is an incredibly important investigation and once the panel has reported back, we need to come together as an industry and coordinate a much wider response to ensure we have a culturally safe environment across all clubs and within the AFL eco-system."