So what the AFL may or may not have done over 8 years ago is irrelevant now
The AFL 3 stikes policy is also not, oopps you have a positive test, oh well don't worry just don't get caught another 2 times.
Players who produce positive tests are required to undertake drug treatment and counsiling, that is what the Hawthorne players who got busted were going through.
So it would be very hard to prove any sort of breach of duty of care on the part of the AFL.
Having said that though I do agree the AFls drug policy needs to change. 3 strikes you are out for so called recreational drugs maybe, performance enhancing no second chance
But clubs should be informed as soon as one of their players has produced a positive test and clubs should be allowed to conduct their own testing as often as they want in addition to the AFL testing