Barry Hall - OHS issue for AFL

[Legs Akimbo]

Imagine you had a colleague at work who was a head case and periodically punched other workmates.

What would happen at your workplace?

How would you respond if he hit you?

What level of liability would your employer face if it continued to allow this person to work at your company? What if the person was trained in martial arts andboxing and was seriously dangerous.

What would happen if someone was seriously injured leading to a long term brain injury for example.

If this happened, what sorts of questions would be asked in retrospect?

Who would be responsible - the employee or the employer?

[Cher]

If they were trained in Martial Arts they should have more self control and none of the problems you mention. It's well know that people send their children to martial arts to to remove agressiveness and teach them more respect for others. Martial arts has also helped many an adult as well, so maybe that's where we should send Barry!

[Legs Akimbo]

If they were trained in Martial Arts they should have more self control and none of the problems you mention. It's well know that people send their children to martial arts to to remove agressiveness and teach them more respect for others. Martial arts has also helped many an adult as well, so maybe that's where we should send Barry!

That may be true, but set that aside, seriously, what would happen?

[ROK Lobster]

That may be true, but set that aside, seriously, what would happen?

What if you are a professional boxer?

[Legs Akimbo]

What if you are a professional boxer?

Then I guess it is ok. Do professional boxers sign a waiver before entering the ring?

[ROK Lobster]

Then I guess it is ok.

Just as it is clearly not OK if you are working in an office.

A football field is clearly somewhere in between.

Serious injury is certainly a possibility if you are a professional footballer. Serious injury caused by another is also a possibility (though a smaller one). Then you have a class of injuries caused by another in breach of the rules. Within that category you would have classes of deliberate, reckless, negligent, accidental etc.

Serious injury caused deliberately by another in breach of the rules in instances where the offender is known to be likely to do things which cause the damage could well be an issue for the AFL.

It could be argued (and probably will be at some stage in the future) that the AFL has a duty of care to take steps to ensure that it does not happen. If penalties/temporary suspensions/rehabilitation etc have been shown not to work with said offender it may be that the AFL's duty is to stop that player from playing altogether.

It is an interesting point that you raise Legs.

[ROK Lobster]

Do professional boxers sign a waiver before entering the ring?

I dunno but they would not need to. Bit hard to complain about being punched on the nose if you step into a professional boxing bout. Connolly could tell you - he knows a bit about being battered about the ring apparently (his avatar would seem to support this too).

[laughingnome]

It could be argued (and probably will be at some stage in the future) that the AFL has a duty of care to take steps to ensure that it does not happen. If penalties/temporary suspensions/rehabilitation etc have been shown not to work with said offender it may be that the AFL's duty is to stop that player from playing altogether.

But the AFL could retort that the Tribunal System they implement provides heavier penalties for repeat offenders. As the player and club suffer for this it is up to the player and club to remedy any on-going issues with the player, not the AFL. In the case of Greg Williams v AFL in the Victorian Supreme Court the court upheld the AFL's original ruling as it decreed players and clubs agreed to a set of standards and rules in order to play in the AFL. Anyone who has an issue with this could simply not play.

Not that I necessarily agree with that, but I imagine it would be the AFL's defence.

[connolly]

I dunno but they would not need to. Bit hard to complain about being punched on the nose if you step into a professional boxing bout. Connolly could tell you - he knows a bit about being battered about the ring apparently (his avatar would seem to support this too).

Indeed crabs. Really interesting issue. In boxing and the common law basically punch ups for money (prizefighting) are illegal and would attract the criminal law sanctions for greivous bodily harm. However, state regulated boxing is not viewed the same way. This is issue was pretty much settled in 1901 Roberts when Queensbury rules fighting was deemed by the learned judge not to be intentional mayhem but a contest of skill, dexterity and basically ballroom dancing with gloves. In a 70's case Pallante v Stadiums Pty Ltd (No 1), a boxer who had suffered an eye injury sued for damage. The promoters ran the defence that the fight was a prize fight and therefore illegal and therefore no damages arose. They lost. McInerney J held that boxing was not intentional grevious bodily harm. One day no doubt the wowsers will have their way and the fine art of throwing and ducking leather will be outlawed by overpaid bludgers leeching on the punters. There is a really interesting consensual violence case Brown that went to House of Lords (very appropriately as it involved some punters engaging in a bit of S&M). Lets not go there as the last time i made a reference to that sort of nonsense i spent a bit of idle time in the wilds of BigFooty. In regard to OH&S i don't think that there is any doubt that a club that sent a psychopath or a violently predisposed player out onto the field could be prosecuted under the OH&S legislation for breach of the general duty of care provisions. As could the player. Interestingly in NSW the Players Association could launch a prosecution. As we know assault and battery on the footy field is not beyond the criminal law (ie serial thug and convicted crim Leigh Mathews). In regard to tort and damages the best person to talk to would be young Keiran Jack. His old man sued Ian Roberts for the beating he copped at a game at Leichardt from a group of Manly players. Jack claimed $100,000, sued eight years after the event and it is rumoured that Roberts settled for $50,000 out of court. A lot of the hard nuts in league are still dirty with Jack about it. As i said really interesting point here.

[CureTheSane]

That was one huge paragraph.

[PerthSwannie]

Sorry Baz. But I`ve had enough. Time to go mate. You really are becoming a liability. Roozy!! youve got to make a decision here!, what`s it gunna be??

[Cardinal]

Sorry Baz. But I`ve had enough. Time to go mate. You really are becoming a liability. Roozy!! youve got to make a decision here!, what`s it gunna be??

3rd round draft pick from the Dogs ? They should have taken him this year

[Number 43]

3rd round draft pick from the Dogs ? They should have taken him this year

It will be interesting to see what happens. All that aside though, he did kick 4 goals and play pretty well. Can we afford to lose Mick and Barry in the one year?

[bloods2005]

yeah i agree let the doggies have him, weve gotta start rebuilding, get rid of all the older players, get some game time into these kids. i reckon we have to bottom out this year and the next, try and get some good draft picks, we have always used recylcled players from other clubs... has worked tho.

[cruiser]

I want Hall gone. He is an incurrable psycho. Enough is enough.