EXCLUSIVE

WORKSAFE Victoria is fighting to conceal the identity of two expert consultants relied on in its probe into the AFL’s management of concussion.

Repeated attempts for their names to be released under Freedom of Information laws have been rejected by Work- Safe chiefs.

The fight to uncover the authors of the two secret reports is now going to the Victorian Civil and Administrative Tribunal (VCAT).

Questions have been raised over whether the experts have links to the AFL. The Herald Sun is not suggesting there is any conflict of interest.

WorkSafe has been conducting an independent inquiry into the AFL’s concussion protocols since November 2019.

An attempt to reveal the names of the independent experts was approved by the Office of the Victorian Information Commissioner in September, which ruled it was “not satisfied” the information was exempt from public disclosure.

WorkSafe argued that the release would subject the pair to “undue criticism from ... the public” and could prejudice the investigation – claims the commission rejected.

“It is clear the issue of concussion in sport and the management of concussion is an issue of public interest in Australia and internationally and of concern not only to professional sportspeople, but to all persons who play sport given the ‘potential health ramifications’ for persons affected by immediate and longterm concussion injuries,” commission member Joanne Kummrow found.

“Accordingly, I am satisfied the public interest would be promoted by disclosure of the names of the report authors, given these experts were commissioned by the agency to provide it with expert advice and disclosure of their identity would also be in the interest of transparency, given the strong public interest in this matter.”

WorkSafe has appealed against the verdict to VCAT and engaged legal firm Maddocks in the case against freelance journalist Wendy Carlisle.

“The field of ‘concussion experts’ in Australia is small,” Ms Carlisle said in an OVIC submission.

“Many of these experts are in or have been in receipt of grants, employment or consultancies with the AFL.

“Some of these experts wrote the medical protocols which govern the Head Injury Assessment process, others were part of the international group convened by the collision sports who devised the AFL’s concussion protocols.”

It comes as the Victorian coroner prepares to investigate the league’s response to head injuries as part of an inquest on former Richmond footballer Shane Tuck.

Greg Griffin, the lawyer representing Tuck’s widow, has called on the government to remove any person on the WorkSafe board with an affiliation with the AFL.

Former league corporate affairs boss Elizabeth Lukin is among nine WorkSafe directors.

michael.warner@news.com.au