Indigenous Australians makinguponly2.5 percentofthe in recentyears.Thisissupported bythefactthat,despite The AFL,generally, hasprovedtobe awelcomingplace new environment. their potentialtosucceedinwhat,forsome,canbeavery available toyoung Indigenous boys and men tomaximise discussion abouthowtocontinueimprovesupport people inournationalgame.Thispapercontributesto and supportiveapproachtotheplaceofIndigenous highlights theimportanceofmaintainingAFL’s strong The uglyre-emergenceofracisminAustralian football traditional Indigenousman? process toacclimatiseandaccommodateayoung and the clubhave done aspartof their due diligence Indigenous community?WhatcouldorshouldtheAFL mainstream recruits, Moreover, whatdutydoestheAFL havetothesenon- Despite people’sefforts,did thesystem failhim? and heevenhadstintsattheseniorcoach’shome. including withahostmum,inhotelroomformonth, stay intheAFLhehadlivedmorethaneightplaces, where hehadfirstlearnedhisskills.Duringshort elite level(‘AFL’). Butherehewasplayingbackhome that lastseasonhehadplayedtwo games of footyatthe either footfrom‘anywhere’onthefield.Theironywas At onematch,Iwatchedayoungmankickinggoalson and softballmatches. held includingculturalactivitiesandfootball,basketball and shareintheJawoynculture.Arangeofeventsare community Aboriginal ofaremote bepart to opportunity thefestivalweekendisaunique fromDarwin, four hours Australia's longestrunningAboriginalfestivals.Located came tome atthe recent BarungaFestiva, one of I amwritingthispaperfollowingsomethoughtsthat * NotethatthisarticlewasoriginallywrittenbyCommissionerCubilloinJuly, 2011.Figures havebeenupdatedwhererelevant. Are Indigenous pla AFL pla pla yer welf yers, and ifso,wha especially someonefromaremote m leadtoiscrimin d are syste ill discrimin yers st n be t ps ca t ste by EddieCubillo AFL: Australian population, Gold CoastSuns. weeks afterraciallyabusingJoelWilkinson fromthe even more recently, aplayer was suspended for four Policy’ at section7.2‘Anti-Discrimination andHarassment Football LeagueMemberProtection Policy whichstates off thefield.Inthiscontext,wecannoteAustralian attitudes and expectations aboutwhat isacceptable onand Vilification codehasplayedasignificantroleinchanging and Religious and discrimination laws. TheAFL'sRacial via educationandconcordancewithequalopportunity Association (‘AFLPA’) toeradicateracismfromtheAFL The AFLhasworkedinconjunctionwiththePlayers of allAFLplayers, amounts to10percenton AFLclublistsin2012.This Tasmania. West the played Hawthorn when spectator in Eagles Coast Lance Franklin, wassubjectedtoracialabusefroma For forward, Hawthorn 2011, April, on16 example, happens intheAFLandotherAustralian rulesleagues. tolerance ofpersonsallraces,racialvilificationstill Unfortunately, despitegreatereducationtowards the AFLexpands. Australian Football National League(‘SANFL’). from spectatorswhenplayingforlocalclubsintheSouth and DanielPearceto racistabuserecently subjected were a marital status, pregnancy, parental status, race, age, disability, theirsex,discriminated againstorharassed becauseof effective orfullyproductiveifthey arebeingtreatedunfairly, cannot enjoy themselves, perform totheir best, orbe The AFL recognises that all those involved in its activities and withoutharassmentordiscrimination. involved in its activities are treated with dignity and respect, The AFL aims to provide a sport environment where all those ted a that: 3 aken to cl Similarly, Port Adelaide players Daniel Motlop
a g tion a nst? Doesth ainst? 5 2 anumberthatislikelytoincreaseas 1 there were 78Indigenous players g nst Indigenous ainst ose th e g e current ap? 4 And 13 INDIGENOUS LAW BULLETIN March / April 2012, ILB Volume 7, Issue 29 14 INDIGENOUS LAW BULLETIN March / April 2012, ILB Volume 7, Issue 29 via Rule30. procedures todealandreligiousvilification, withracial body toadopt sporting the AFLwasfirstnational that should be noted rule istoeducate,deterandpenalise.It colour, descentornationalethnicorigin.Theaimofthe another persononthebasisof that person’srace,religion, vilify orinsult threaten, (orspeech)that actions prohibits vilification. Introduced in 1995, ‘Rule 30’ specifically and religious developed racial a specificruletocombat the Australian Human Rights Commission (‘AHRC’) with communities, theAFLinconsultation mainstream Long, andhismanysupportersacrossourIndigenous by EssendonplayerMichael campaigning response to In describes unlawful direct racial discrimination asbeing an: Section 9(1)oftheRacialDiscrimination Act1975(Cth) has the of the state/territory jurisdictions, NorthernTerritory the respect to racial discrimination. At the federal level there is of Commonwealthand state/territory legislation with These strong statements are tobe seen inthe wider context continued tobe proactive and responsivetoenlightened orientation. InupdatingRule 30theAFLtherebyhas religious vilificationtoalsoinclude disability and sexual The AFLrecentlyextended its policybeyond and racial cultural oranyotherfieldofpubliclife. or fundamental freedom in the political, economic, social, anequalfooting, exercise,on or enjoyment right human any of which hasthepurposeofnullifyingorimpairingrecognition, based on race, colour, descent or national or ethnic origin act involving a distinction, exclusion, restriction or preference AFL willdealwiththeproblem. This willexplainwhattodoaboutthebehaviourandhow please refer to our complaints procedure outlined in this policy. against byanotherpersonororganisationboundthispolicy, If any person feels they are being harassed or discriminated the Dictionaryatclause11. be regardedasharassmentordiscriminationareprovidedin Descriptions of some of the types of behaviour which could and createsanuncomfortableunpleasantenvironment. extremely distressing, offensive,humiliatingand/orthreatening not onlybecause itisagainstthelaw, butbecause itis The AFLprohibitsallformsofharassmentanddiscrimination and/or industrialactivity. homosexuality, sexuality, transgender, religion, political belief Racial DiscriminationAct1975 Anti DiscriminationAct1992(NT). 7 6 (Cth)and,asanexample not employhim. capable oflifeinMelbourneandthereforetheycould wife wasnot Melbourne, theyhaddeterminedhis that that hewouldbeabletosuccessfullynegotiatelivingin certainly anAFLcalibreplayer, and theywereoftheview one AFLteamstateddirectlythatwhilsttheplayerwas with respecttoattendingfunerals.Arepresentativeof was questioned abouthiswife’sculturalresponsibilities In one instance in recent years Iwas informed thataplayer and wouldotherplayersbeaskedsimilarquestions? player’ relevant considerationwhenselectingaparticular season. Isthistypeofquestionlegitimateorfair, orisit‘a religious ceremoniesandthelikeduringfootball expectations, such as needing to go home for cultural/ practices andcommunity cultural example, to aplayer’s Questions givingrisetothisconcernmightrelate,for if theyaroseinanyotherworkplaceorenvironment. Northern Territory Anti–DiscriminationCommission before theAHRCor in complaints potentially result in myview,that, interviews and wouldbefrownedupon questions maybeaskedduringrecruiting saying isthat player.a drafting to prior diligence’ processes am I What are being explicitly racist in terms of conducting their ‘due recruiters Indigenous players.Iamnotsayingherethat respect totheircultureand background thannon- draftees subjectedtofargreatercriticalscrutinywith For example, I still see prospective Indigenous AFL Football League(‘NTFL’). Football League (‘WAFL’) and the Northern Territory the AFLorinleaguessuchastheSANFL,West Australian the transitionto,and survive in,elite level football, be itin survived for several years attending boarding schoolsin drafted, especiallysincesome of themmayalreadyhave Indigenous playersfailtosurvive intheAFLsystemonce I turnnow to the question of why ahigh number of social stereotypederivedfromracistassumptions. the operationofanegative other than anything suggests than non-Indigenousplayers.Itishardtosee that this experience thisisdonefarmorevigorouslyforIndigenous prospective drafteesabouttheiruseofalcohol.Inmy of Indigenous is thequestioning of concern area Another experiences on mydiscussion, Idraw practices. Inbroachingthis entrenched andsubtlediscriminatoryattitudes consider whether morecanbedone to address more strides inminimisingoffensiveincidents,itistimelyto However, whiletheAFLcanbeseentohavetakengreat social attitudesregardingdiscriminationandvilification. 8 insupportingIndigenousplayerstomake 9 incentive payments then must be paid by no later than 31 be paidbynolaterthan payments thenmust incentive and Any bonus played intheprecedingmonth. matches Payments arepaidby the fifteenthday of eachmonthfor installments throughoutthe year and Senior Match in twoways–abasepaymentcomestwelvemonthly salary players receivetheir also shouldbenotedthat It to lifeinMelbourne. steps toassistrelocatinghisfamilyacclimatisation Inthiscasetherelevantclubtookno let alonesurvive. family of his of therest player toselffundtherelocation to enablethe being enough to even close wage isnot this Melbourne, aftertaxandotherAFLexpense deductions, return tripsforhiswife and childtovisithimwhilstin with five rookie salarypaysonlyapproximately$35,000, males wasgoingtowork?Additionally, giventhattheAFL ‘mum’ alongwith several 18 year old non-Indigenous man fromhiswife and childplacinghimwithahost a 24yearold separating that Why wouldanyonethink arrangements. living suitable the clubhadnotarranged Territory community whoarrivedtoasituationwhere I knowofoneplayerdraftedfromasmallNorthern Zephaniah Skinner. as LiamJurrah,Patrick, Austin Wonamaerri and ties, such cultural with strong from remotecommunities Indigenoustalent in lightofAFLteamsrecentlytargeting This issue must be more closely examined, in particular way oflifeina‘foreign’city. to averydifferentcultureand player whoisaccustomed of a to ensurethesurvival may notbeenough counsellor welfare managers,itisclearthathavingaccesstoa welfare managersandinsomeinstancesIndigenous capital cities.Hence,whereastheAFLemploysplayer fell from 23 per cent in 2002 to 17 per cent in 2008, it to 17 percentin2008, fell from23per centin2002 and Torresfor Aboriginal rate AustraliansIslander Strait Just one of these realities is thatalthough the unemployment first drafted. the skillsheld by youngIndigenousmenwhentheyare which, inturn,bearsupontheexperience and possibly Australiansfor non-Indigenous they remainbelowthose and Torres StraitIslanderAustralians continuetoimprove, socioeconomic opportunitiesandoutcomesforAboriginal till the next payment isreceived. Remember, while or dealt with the concept of budgeting for the month never previouslyreceivedsuchmonetarypayments player, letaloneayoungIndigenousmanwhomay have can causeproblemsforanyyoung These arrangements October intheyeartheyareearned.
non-Indigenous Australians (5percentin2008). still wasmorethanthreetimeshighertheratefor them particularly them particularly distressing. Thisisnotblaming them family,host with he foundlifeliving informedme that his experience in theAFL,particular of livingwitha Another IndigenousplayerIinterviewed abouthistime of acclimatisationmaynotbeworking. the process is that but whatitreallyisshowing transport, use ofpublic the case this in trivial, be relatively seem to familiarise themselveswithcitylife.Theexamplemay provide him/herwithadditionalsupporttohelpthem and not different culture vastly and a remote community very small from a person merely picka you cannot that reality is opinion, thepractical there issometruthinthat result inhimnotlearning tobeself sufficient. Whilst would assistance providing himwithother and that train or bus a catch to could learn of 18 age the over person the player to and from training their advice was that a about difficultiesbeingencounteredwithtransporting was experiencing. However, whentheclubwas notified AFL playerwhowasfamiliarwiththedifficultieshe their clientsothatheresidedwithanIndigenousex- relocate knowofwasableto I company management One up mostoftheirdailytime. takes regime oftheAFLthat training into thestructured individual hasbarely enough tosurvive on,let alone settle With or billsintoaccount. the in budgeting, no realskills food, rent, taking of moneywithout amount significant income priortobeingdrafted may thinkhenowhasa The realityisthatanIndigenousplayer who hashadlittle issues areaddressedbytheclubs. AFL, includingtheneedtoensurethatthesefundamental players, creatingacleardutyofcareresponsibilityforthe non-Indigenous more complexthanthosefacedbymost drafting themintotheAFLsystem.Theirneeds may be implications andneedstobetakenintoconsiderationwhen important has environments lower socioeconomic from The realitythatmanyyoungIndigenousmencome to easilyadopteffectivenewurbanlifestyles. upon theircapacity impacts Indigenous meninwaysthat turn, thiscaninfluencetheawarenessandskillsofyoung health andincreasedexposuretoriskfactors. that lowsocioeconomicstatusisassociatedwithpoor Australia andotherdevelopedcountriesalsodemonstrates from Evidence income. and employment education, across arangeofsocioeconomicfactorsincluding and Torres StraitIslanderpeople experience disadvantage non-Indigenous Australians,comparison with Aboriginal 10 11 In In In 15 INDIGENOUS LAW BULLETIN March / April 2012, ILB Volume 7, Issue 29 16 INDIGENOUS LAW BULLETIN March / April 2012, ILB Volume 7, Issue 29 to terminatehisAFLcontract and returnhome. family member, couldreducethetemptationforplayer enabling aquicktriphomeor facilitatingavisitfrom Enabling earlyattentiontothis sortofissue,possiblyeven what mightbegoingonathomeorintheircommunity. particular player isfeeling home sick,orisconcerned about if a clubs the with liaise complex wouldbeableto the at family members.The staff in suchacomplexforvisiting culturally relevant way. Ideally, there will be enough space could thenbeoffered connections atsuitabletimesina skills forabigcityawayfromtheirfamilyandcommunity including survival ortraininginitiatives, Educational Indigenous playerseveryopportunitytosucceed. arranged, alongwithothermeasuresthatwould give the be could training from and to transport and people. Meals the cultural issues experienced by young Indigenous employment of staff/housekeepers who arefamiliarwith The provisionof this type of complex would allow the transition andpersonaldevelopmentopportunities. and livingtobeestablishedalongsidearangeofappropriate holistic optionwhichwouldallowstableaccommodation they playfor. At theminimumAFLshouldexplore a team of which irrespective stay andreceivesupport, can career) of their initial years the in draftees (particularly style complexineachAFLcitywhichIndigenous and implement a communal apartment/boardingschool be ‘alien’surroundings.Oneoption young Indigenousplayersintotheirnewandwhatmight ways ofdrawing systematic more about could think also are positivesteps.ButtheAFL programs and support Investing inIndigenous welfare officers and education their timeoffthefield. enjoy and relax cannot they because primarily survive descent, itistragicifaplayerdoesnot non-Indigenous player,or of Indigenous they are of whether irrespective to anynew regime canbeashock intensive AFLtraining family.and to termswithastructured So,whilecoming life in theAFL,hecouldnotdealwithlife with thehost of and footballrelatedaspects could survivethetraining Perhaps extremely awkward as he did not feel comfortable totalk. he notedthatthe‘silence personal territory by residing with them. Inparticular, their difficulties ashealreadyfeltlikewasinvading his family about to thehost talking not feelcomfortable differences madehimfeelawkwardandshy. Hedid welcoming andsupportive.Itwasjustthatthecultural because, infact,hebelievedthattheywereextremely most distressing was the comment that whilehe that comment the was distressing around thedinnertable’was 12 would be to develop wouldbetodevelop experience iseffective. education, ensuring thatthe student-athlete’s educational NCAA alsointegrates intercollegiate athletics with higher fair, safe,equitableandsportsmanlikecompetition,the sporting talent.With a core purpose of overseeing a of exceptional also areawardedonthebasis scholarships It alsohoststalentedplayersfromaroundtheworldwho case studyinaparticularlydiversemulti-culturalcountry. (‘NCAA’) collegesport system providesaninteresting Collegiate AthleticNational The American Association sense of‘lifeasanAFLplayer’. a them and give aspirations their stimulate able to grades, development ofaspiringIndigenousplayersfromjunior nurturing program facilityoratargeted A potentialbenefitofacentralised Indigenous playerstoprosperattheAFLlevel. appropriate environment for all players including that we can getoverthishurdleand have asafe,culturally getting itrightthere needs to be information sharingso they are that think If clubs it right. getting we aren’t that and classes attended to maintain athletic eligibility.athletic attendedtomaintain and classes Most be adheredto lifestyles must where structured cultures life inpredominantlywhite accustomed to who arenot and environments grown upinlow socioeconomic have attend collegesboundbyNCAA rules, Young athletesaregrantedscholarshipseveryyearto Currently,recently reportedinthemedia, as harnessing. is awealthoftalentinremoteAustralia whichneeds as welltheplayers,becausethere will benefittheclubs the AFL working together todevelop something that such situations.Itneedsthegoodwillofclubsand andmakeitworkin situation this address be utilisedto family Wearrangements. need to lookclosely at whatcan effortand money,time, failure ofhost potential andthe participating clubs,especiallythroughminimisinglost Immediate savingsshouldaccruetotheAFLand responsibilities. process asplayerscometotermswiththeirfinancial learning the valuable assist fees withsupportprovidedto boarding appropriate through ways, including various in Indigenous constituency. Ongoingcostscouldbecovered young thebroader to beseenasrelevant itcan especially as of initiative, sort this supporting may beinterestedin also AFL’s commitment toIndigenousAustralia. Governments investment in growing the game inaway thatbuilds onthe The financialcostsofsuchaninitiativecanbeseenas 14 isthatitcanbeafocusforthe 15 16 someofwhom 13 itappears Indigenous GoldCoastPlayerHarleyBennell Recent reportsabouttheissueofhomesicknessforyoung they love,justdoesn’tworkwellenough. sport play the to a salary despite receiving environment, because supportfortheircapacitytoadaptthenew AFL the in homesickness to succumb athletes Indigenous ahighpercentageof Incontrast, minimal scholarships? four yearsdespite only being abletoprovidethemwith AustraliansIndigenous them for and areabletosustain disadvantaged backgroundssimilartothoseofmany currently succeedinacceptingstudentathletesfrom wellbeing ofitsathletes.Whyisitthatsomeuniversities are conducive topromotingdiversity and the mental about howbesttoestablishliving arrangements that has worked for individualplayerscouldguidetheAFL of theNCAAandhowsystem examination A closer relocate toMelbourneintheeventofdrafting. to willrefuse they teamsthat Melbourne-based the advise in suchanenvironmentisnotdesirable,oralternatively, life should theydeemthat not tonominatefortheDraft to eitherdecide the opportunity they wouldhave means they weretogetdraftedbyaMelbourneteam.Italso better understand what life would be like off the field if Melbourne. Thiswould mean thatthe young player would in the proposedAFLIndigenouscampus player tovisit model would allow a17year old aspiring Indigenous AFL This situationisanalogoustotheAFL,whereproposed that schoolandthe athlete muchtime,money and effort. informed decisionabouttheuniversity, potentiallysaving in living arrangements conducive tothelongterm,off-in livingarrangements It istimelyfortheAFLtoinvest properlyandimaginatively needs tobedoneurgently. something even moretheneedthat highlights alienation, each otherforsupport,andincaseshadledtofeelingsof to players more inclined toturn made Indigenous this by teammatesand non-Indigenous bosses. Thefactthat cultural connectionsanddutieswerelittleunderstood Victorian teamsrevealedIndigenousplayersfelttheir seven from players with 24 conducted interviews recent university. ‘snapshot’ ofcampuslifeshouldtheychoosethatparticular arrangements andcounsellorstoprovidethemwitha and sportingfacilitiesaswellthedorms,transport stage tothecoach athlete isintroducedintherecruitment after awardingthem a scholarship. The prospective college and then deal with the issue of living arrangements the at others to background very differentcultural from a NCAA schools do not,therefore,just pick anathlete 17 The prospective athlete can then make a more prospective athletecanthenmakeamore 18 andthe Commissioner. Theviewsexpressedinthisarticlearehisown. Eddie Cubillo is the current Northern Territory Anti-Discrimination Motlop etc.,etc. Andrew Mcleod,BuddyFranklin,Davey, Aaron Daniel players asthelateMauriceRioli,Graham‘Polly’ Farmer, we all canenjoythewizardry of suchpastandcurrent future inwhich fair tothem,butitalsooffersanexciting only isthis athletes. Not field wellbeingofIndigenous 10 9 8 7 6 5 4 3 2 1 14 13 12 11
Torres StraitIslanderPeoples’, ‘4704.0 -TheHealthandWelfare of Australia's Aboriginaland management. Story relayedto mefromtheplayer’s an AFLclub. Territorians tryingtoplayininterstateleaguesbedrafted supported andprovidedaccommodationtomanyIndigenous the NorthernTerritory andwhenlivinginterstatesponsored, Ihavecoachedmanyyearsatjuniorlevelin in theSANFL. pathway tobedraftedandiscurrentlyplayingseniorfooty has aspirationstoplayattheAFLlevelthatridden I haveexperience asafatherofyoung Indigenousmanwho newsarticle/tabid/208/newsid/82025/default.aspx>. Vilification be foundat:AustralianFootball League, Rule 30:Aruleto combatracialand religiousvilification,can MemberProtectionPolicy_2006.pdf>. 17 INDIGENOUS LAW BULLETIN March / April 2012, ILB Volume 7, Issue 29 18 INDIGENOUS LAW BULLETIN March / April 2012, ILB Volume 7, Issue 29 800mm x1200mm Ochre onlinen Natalie Puantulura Untitled 16 15 National Collegiate Athletic Association, opportunity tosucceed. clubs toensurethattheirinvestment/playerisgivenevery nurturing programattachedtoassistIndigenousplayersand a mixtureofenvironmentshousingIndigenousplayerswith states thatmaynotfinanciallywarranta‘centre’.Itcouldhave Such aprogram willbedeveloped with theonetotwoteam html#ixzz1RMuVvTRH>. afl-news/cultural-support-lacking-survey-20110706-1h2j6. about+the+ncaa>. (2011)