AFL, CTE and SFAIRP: When “the rough and tumble” becomes a foreseeable harm

The death of 23‑year‑old footballer Nick Lowden should force the Australian Football League (AFL) and every sporting body that claims to care about player welfare to confront the fact that the risks of brain injury in Australian football are no longer mysterious, emerging, or debatable. They are foreseeable, documented, and cumulative. And once a risk is foreseeable, the occupational health and safety (OHS) duty to eliminate or minimise it so far as is reasonably practicable (SFAIRP) applies.

A Four Corners investigation to be broadcast on June 29, 2026, examines Lowden’s death. (This article is based on some preliminary reporting on the issue by the Australian Broadcasting Corporation)

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Celebrity Does Not Cancel the Duty of Care

A hugely popular radio show in Australia, hosted by Kyle Sandilands and Jackie O (Henderson), has been offensive for a long time, but offence can also be entertaining and economically lucrative. Last month, the host clashed on air, resulting in Jackie O leaving. Now there is legal action on several fronts, and psychological health and safety at work is being considered to some extent, and could/should be considered more.

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Lively/Baldoni discussion misses the cause of the harm

Over the last few weeks, the media has been reporting on legal action taken by Blake Lively over accusations of sexual harassment on the film set of her movie “It Ends With Us”. The focus has been on the allegations of post-incident public relations manipulation, but this is obscuring the primary cause of the legal action – sexual harassment.

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