The AFL did not wish to provide direct comment on this matter. However, while releasing its annual injury report on Friday, executive general manager football operations Andrew Dillon said: “The AFL and AFLW concussion guidelines are the most stringent concussion protocols in Australian sport, and we are committed to continuing to listen and learn and take action – both at the elite and community level – when dealing with concussion.”

The OPP said once any case was referred, it could take months before a decision was reached.

Jess is chasing clarity on how the AFL has historically handled brain trauma – an issue which has league officials concerned it could face a class action unless a multi-million dollar concussion fund is established.

“I don’t want the AFL fined at all. They keep talking about taking concussion seriously. We have had 58 guys in the AFL and state leagues who have had brain traumas to round 10, under our research. We are looking at another season of 100-plus brain traumas. We need to prevent this and then make the protocols stronger,” Jess said.

Jess maintains the 12-day minimum concussion protocol, introduced last year when lifted from six days, is inadequate. Along with neurophysiologists such as La Trobe University associate professor Alan Pearce, Jess insists a minimum four-week break is needed for the brain to settle before a player returns, including for grassroots football. The bigger picture in Jess’ immediate case is whether an adverse finding by WorkSafe or the OPP would strengthen the case for an individual or class action against the league by former players suffering mentally and financially from the serious head knocks they endured through their careers.

Prominent South Australian-based lawyer Greg Griffin and Jess have gathered disgruntled former players for such legal action.

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Griffin and his legal firm are representing the family of deceased former Richmond and Adelaide player Shane Tuck in a Victorian Coroner’s Court inquest, Tuck having been found to have had severe chronic traumatic encephalopathy (CTE), a degenerative brain disease linked with concussion.

Former Richmond and Essendon player Ty Zantuck, also under Griffin’s watch and with Jess involved, has launched action in the Victorian Supreme Court, seeking to have his physical injury case against the Tigers extended to include a range of neurological disorders. Premiership-winning Western Bulldogs president Peter Gordon, a leading lawyer, has been asked by the AFL to investigate a concussion fund for players. Gordon has said Gillon McLachlan’s replacement as AFL chief executive “will need their wits about them” when it comes to dealing with health-and-safety challenges facing the game.

The AFL has tightened concussion protocols over the past decade, including introducing a medical substitute last season. However, the league and AFL Players Association have frustrated players and their families with what they consider inadequate insurance payouts, including West Coast Eagles premiership player Daniel Venables, who was forced into early retirement because of bleeding on the brain. Venables was offered $800,000 from the AFLPA but could seek about $8 million if his case goes to court.

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