Rioli v Hawthorn Football 

Summary

A high-profile legal dispute involving allegations of racial discrimination and mistreatment at Hawthorn Football Club (the Club) has concluded through private settlement.  

The Proceeding was initiated in the Federal Court of Australia by former First Nations players, their families and intimate partners. 

Background of the Allegations 

The controversy emerged in 2022, when allegations of culturally unsafe practices and discriminatory conduct toward First Nations players surfaced. In response, the Club initiated an internal cultural safety review, while the AFL conducted its own investigation. Both inquiries attracted significant attention, though the AFL’s inquiry ultimately produced no adverse findings against the club’s former staff. 

In 2023, the former players escalated their claims by filing a complaint with the Australian Human Rights Commission (AHRC). They described experiences of racial discrimination, neglect, and harmful cultural practices. However, no resolution was reached in mediation, leading the AHRC to terminate the complaint in May 2024. 

The matter then proceeded to the Federal Court in July 2024, with six applicants — including four former First Nations players and two family members — filing a formal claim under the Australian Human Rights Commission Act 1986 (Cth). 

The Claims 

The applicants alleged the Club’s actions constituted unlawful racial discrimination under the Racial Discrimination Act 1975 (Cth) and breached a duty of care owed to its players. Specific incidents described in the statement of claim alleged the Club’s former employees and players engaged in:  

• making racially insensitive comments; 

• placing pressure on the former First Nations players to sever family ties; and  

• attempting to control personal and cultural practices.  

By virtue of employees of the Club engaging in the alleged behaviour, it was argued that the Club was vicariously liable for its employee’s conduct.  

The claim also highlighted systemic shortcomings, including a lack of cultural awareness and the creation of an environment described as culturally unsafe for First Nations players and their families. 

The Club, in its defence, denied the allegations and raised procedural arguments including:  

• that the proceedings were time-barred under various statutes;  

• that a previous Deed signed by one of the former players which set out that he unconditionally released the Club as a bar for this proceeding; and  
• that injuries cited by the applicants did not meet the required thresholds under Victorian law. 

Settlement Reached 

After two days of mediation, the parties reached a settlement in late November 2024. The resolution was achieved without a determination of the allegations.  

In a joint statement, the Club acknowledged the experiences described by the former players and expressed regret for the harm caused. 

“Hawthorn accepts that the allegations were made in good faith, and has heard, respects, and accepts that they represent their truths.” 

The statement emphasised the Club’s apology to the affected former First Nations players and their families, recognising the lasting distress experienced during their association with the organisation.

Broader Implications 

This settlement concludes a contentious chapter in Australian sport, highlighting the importance of cultural awareness training within sporting organisations, particularly those that engage with and benefit from the contributions of First Nations people. While the settlement avoids further legal scrutiny, it underscores the need for ongoing dialogue and reform to ensure inclusive and respectful environments in professional sports. 

The case has also prompted calls for the AFL and its clubs to strengthen policies addressing diversity, inclusion, and the protection of players’ rights, indicating a shift towards greater accountability in the industry. 

The proceedings also amplify the importance of employers ensuring that they have appropriate policies in place regarding anti-discrimination, train their employees in these policies and ensure they take appropriate action to investigate when complaints are received.  

The link to the public online court file can be found here.  

This case note was prepared Michelle Chadburn and Angelina Livingstone at Wotton Kearney