An AFL Tribunal hearing was held tonight, Tuesday August 31, after Hawthorn player Travis Tuck recorded a deemed third failed test under the AFL’s Illicit Drug policy.

AFL Medical Commissioner Harry Unglik advised the AFL General Manager of Football Operations, Adrian Anderson that player Tuck admitted to a breach of the Illicit Drug policy following an incident last Friday night in which he was found unconscious by police and transported to hospital.

Tonight’s hearing was chaired by retired County Court Judge John Hassett, who was joined on the Tribunal panel by Dr Susan White (a sports physician from the Australian Sports Drug Medical Advisory Committee) and Dr Andrew Garnham (sports physician and president of the Australasian College of Sports Physicians).

The Tribunal heard all evidence in camera, after Mr Hassett accepted an application that there would be sensitive medical evidence from Mr Tuck’s treating clinician and drug counsellor. Mr Tuck continues to be in the care of doctors who are treating him for a number of medical issues, and he is also still receiving counselling under the Illicit Drug policy.

The Tribunal ruled there were exceptional and compelling circumstances in the case of player Tuck, and the Chairman Mr Hassett, ruled as follows:

John Hassett:

“The tribunal heard evidence from Professor Currie, who is a professor of addiction medicine at St Vincent's Hospital and is a leading expert in drug addiction.

“For the last 10 months Professor Currie and a psychologist have been treating the player. I don’t think it is necessary to detail that treatment except to say that over the 10 months of treatment the player has – on the evidence of Professor Currie – has been in every way compliant with testing and all other matters.

“There are minimum penalties subscribed in the police and the those penalties may be mitigated if the tribunal is satisfied that the circumstances and exceptional and compelling. The tribunals was satisfied those compelling and exceptional circumstances did exist.

“The player for some time has had serious medical conditions that he has been subjected to treatment. That treatment has been effective over the last 10 months but that there was a lapse from his treatment regime last Friday night associated with some personal pressures.

“The Hawthorn Football Club had entered into an agreement with the player where he would remain on their rookie list, moving in certain circumstances to their inactive list.

“The tribunal found:

1.    that the player was guilty in engaging in conduct unbecoming or likely to prejudice the reputation or interests of the AFL or to bring the game of football into disrepute in breach of the AFL Player Rules;

2.     That in accordance with clauses 10 and 14 of the policy, the player was sanctioned as follows:

-    (a), a fine of $5,000 for the first positive test;

-    (b) for the second positive test, the suspension of six AFL or state league home and away and final series matches for which a player is eligible to compete;

-    (c), for the deemed third positive test a suspension of six further AFL or state league home and away and/or finals series matches for which the player is eligible to compete;

3.     in accordance with clause 14.2 of the policy, the tribunal is satisfied that there are exceptional and compelling circumstances that would make it harsh and unreasonable to apply the minimum sanctions in all the circumstances of the case and accordingly the player shall not be required to pay the fine referred to pay the fine and in 2(a) and will be entitled to resume playing state league matches, not AFL matches, after serving eight weeks of his 12-week suspension;

4.    In addition to any testing under the AFL illicit drugs policy or the AFL anti-doping code, the player be subject to urine testing for illicit drugs by the AFL or its representative up to three times per week for such period as determined by the AFL medical officers.

5.    the player must cooperate fully with any request to provide a sample for testing, cooperate fully with any instruction or direction in relation to the provision of such sample, must not fail to provide a sample immediately upon request or delay, hinder or obstruct the taking of a sample or tamper with any sample;

6.     the player must (a) continue to cooperate with the AFL medical officers and (b) attend any drug rehabilitation program or medical expert nominated by them and (c) seek such psychiatric advice and treatment, if any, as may be directed by Professor Currie;

7.    And should any illicit drug or any indication of an illicit drug be detected in the sample taken from the player or any breach of the orders, the general manager, football operations, after consultation with the AFL medical officers may refer the player to the tribunal for such other orders as the tribunal may then deem appropriate in relation to this proceeding.

“In conclusion I think it is necessary to say that the whole thrust of the policy is to look to the welfare of the players and it is in accordance with that policy that the tribunal has acted.”

Mr Anderson said he wished to thank the Tribunal for reaching an outcome that would support player Tuck in his on-going treatment, as well as allowing him to return to competition next year.

“This is a very difficult and complex matter that’s been worked through, by the Tribunal,” Mr Anderson said.

“I’d like to thank the AFLPA for their assistance in working through this matter, the Hawthorn Football Club, the AFL medical officers, the Hawthorn Football Club medical officer  and Travis Tuck’s medical treating team.

“The orders made by the tribunal tonight were supported by the AFL, the player, the AFLPA, the Hawthorn Football Club and Travis Tuck’s advisers. Travis Tuck has been suffering, as has emerged for some time, from clinical depression.

“The evidence given clearly established that Travis Tuck’s drug use was not recreational but a severe by-product of clinical depression.

“Travis Tuck has been undergoing intensive treatment for some time and he has responded extremely well to that treatment, before his recent lapse.

“The sanction imposed by the tribunal tonight importantly leaves open the opportunity for Travis Tuck to continue to train and play with the Hawthorn Football Club on their training list leading into next season. I’d like to commend the Hawthorn Football Club for providing Travis with that opportunity.

“Finally I’d like to emphasise, as did the chairman of the tribunal, that the fundamental aim of the policy has always been the health and welfare of AFL players. The health and welfare of Travis Tuck is our primary concern and not only do the orders tonight provide Travis with the opportunity to continue his football, but they also provide that the treatment which he has been receiving and responding well to, will and must continue.”

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