THE AFL has set December 22, 2022 as the end-date to its investigation into allegations of racism, bullying and other inappropriate behaviour at Hawthorn Football Club from 2008-16.
Terms of reference for the independent investigation were revealed by the AFL on Thursday, and also include scope for "all participants to share their perspectives, to hear the perspectives of other participants and to respond", and "an opportunity for mediation if a party seeks it during the process".
A four-person panel, led by Bernard Quinn KC, has been installed by the AFL to probe the allegations, which were made in a Hawthorn-commissioned report and also revealed in ABC publications.
>> READ THE FULL AFL STATEMENT
The AFL said on Thursday the findings of its investigation would be released publicly.
The panel has been empowered to determine "whether the inappropriate conduct occurred and, if so, the circumstances in which such conduct occurred".
The terms reveal that the investigation will make:
- 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
AFL chief executive Gillon McLachlan said it was crucial that feedback from all people connected to the investigation be reflected in the terms of reference.
"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," 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."
Former Hawthorn coach Alastair Clarkson and ex-Hawks senior football department official Chris Fagan both stood themselves down from their current contracts respectively with North Melbourne and Brisbane, respectively, on the day the racism allegations were made public.
Both Clarkson and Fagan have sought in recent weeks to rescind their own stand-downs, and are seeking to return to their clubs even before the AFL investigation formally begins.
They have both strenuously denied the allegations.
Andrew Newbold, the then-Hawthorn president, also stood down from his duties as an AFL commissioner.
McLachlan said on Thursday afternoon there were "no guarantees" that the parties who contributed to Hawthorn's review would take part in the independent investigation.
"We're obviously encouraging the complainants to tell their story. We believe it's an independent, culturally diverse panel," he said.
"The terms of reference are transparent, the process we believe gives cultural safety and we're here at the behest of the families.
"So we are encouraging them to (participate) but ultimately that will be a decision for the complainants."
He said Clarkson and Fagan would return to work "when the time is right" but no date has been set.
"We're anticipating they'll come back to work and they've actually respected the seriousness of these allegations by going on leave," McLachlan said.
"I actually think that they're to be commended and I think with the terms of reference being on foot, hopefully the process that follows actually gives some certainty for the accused and the complainants.
"I'm sure the clubs will be picking up the conversation about if there's an environment for them to come back to work.
"Ultimately it's a decision for the clubs."
Palawa woman and barrister Ms Jacqualyn Turfrey, barrister and member of the Yuin people of the south-east coast of NSW Mr Tim Goodwin, and barrister and human rights specialist Ms Julie Buxton comprise the AFL panel alongside Bernard Quinn KC.
Lawyers representing First Nations former players and families have contributed to the terms of reference, as has legal representation of those accused of the racism.
- with AAP
