The NRL has a ton of young talent coming through the system, with many stuck in logjam positions keeping them out of first grade.

Melbourne Storm CEO Justin Rodski believes an NRL draft system is inevitable, despite acknowledging the major challenges that would come with implementing such a change.

Speaking on SEN's The Captain's Run, Rodski said the idea of a draft has long been debated within rugby league circles and, while complex, is likely to happen “at some point.”

“It would be very difficult,” Rodski said.

“I think in principle, the broader NRL industry would like to have a draft.”

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The concept was previously trialled for the 1991 NSWRL season, before being scrapped following the Adamson v NSWRL Federal Court ruling, which found the system imposed an unreasonable restraint of trade.

It has not been reintroduced since.

Rodski said the league's current pathway and zoning systems, built over decades, would make a draft difficult to integrate.

“Because the system is now so inherent in its pathways and the programs that are in place, it would be very difficult to change that now,” he said.

“Not saying that it's impossible, because you could do it, and I think there is every chance the NRLW could move to a draft before the NRL itself.”

While Rodski conceded such a move would require extensive structural change, he believes growing support within the game makes its introduction inevitable.

“It would take a lot of change in a lot of areas that would impact clubs and their development systems,” he added.

“But I think it's inevitable at some point that the draft comes in.

“It won't be in the short term, but it's going to be interesting.”

6 COMMENTS

  1. The only way a draft would come into play in the NRL is if the players union agreed to it which is something Rodski fails to mention – been a number of cases where previous drafts/transfer systems of sorts were challenged – i.e restraint of trade – Terry Hill for instance where he was drafted to Eastern Suburbs Roosters although he had signed a contract with Western Suburbs Magpies.

    Terry Hill successfully challenged the rugby league draft in court by arguing it was an unreasonable restraint of trade, which led to the abolition of the draft system in the NRL. In 1991, Hill was drafted to Eastern Suburbs after having already agreed to a deal with the Western Suburbs Magpies. He and other players took the NSW Rugby League to court, winning the case and ending the draft system.

    The case: The legal challenge was based on the argument that the draft was a restraint of trade, limiting players’ ability to choose their employer.

    The outcome: Hill and 126 other plaintiffs won their case in the High Court. The High Court’s ruling found the draft to be an unreasonable restraint of trade, a decision that has permanently changed the structure of player movement in the NRL.
    The legacy: The case permanently ended the draft system in the NRL. It is also considered a significant moment in the growth of the Rugby League Players’ Association.

    Dennis Tutty case which he won

    An Australian Test player in 1967 in his fourth year with Balmain, Tutty wanted to be placed on the club’s transfer list in 1968, when his contract expired.

    But under the NSWRL rules at the time, a player was tied to his club and could not sign elsewhere unless released by transfer or by the club removing him from their list of registered players.

    Even if a player was off-contract, a club simply had to list him as a “retained” player and he could not play for a rival club – as Tutty, Laurie Moraschi and Peter Jones found out.

    While all three players stood down, Tutty was the only one to take legal action against the NSW governing body.

    He sat out the 1969 and 1970 seasons, returning to play in 1971 for match payments while his case went before the High Court.

    “They were probably the best earning years of my life but I had to wait the third year and go back and play, which I was allowed to do on match-to-match basis so it was virtually three years for my life’s earnings,” Tutty told NRL.com in 2018.

  2. I know that Phil Gould mentions there should be a draft although Rodski’s comment that the Broader NRL Industry would like to have a draft does not incorporate the views of the RLPA ( NRL Players Union).

    Yes they have a draft in the AFL but that has been agreed to by the players union – could easier be challenged though and be ruled a restraint of trade as there are legal precedents.

    People often mention the draft system in US Sports but that is different as these players are drafted from high school/college sport systems where teams/franchises in the relevant major sports ( NFL, NBA , MLB for an example) have no involvement in these programs.

    Just because someone goes to Georgia Tech for an example doesn’t mean they would be drafted by the Atlanta Falcons ( NFL) or the Atlanta Braves (MLB).

    NRL Clubs have pathway systems for a reason and some are better at it than others – it doesn’t mean every player coming through those pathways will play NRL for that club or NRL at all.

    Do people think clubs will continue to spend the money they do on their pathways if players could be drafted by other teams. Where would the incentive be and or compensation?

    Be better off re-drawing the Greater Sydney Junior league boundaries plus allocating regional areas/country rugby league groups to relevant clubs in that state