UPDATE: AFL CEO Gillon McLachlan says the rule inconsistency that has seen Western Bulldogs AFLW captain Katie Brennan begin proceedings with the Australian Human Rights Commission will be looked at this year.

Brennan will not play in Saturday’s Grand Final after deciding not to go to Federal Court in an effort to get an injunction on or overturn her two-match ban for rough conduct.

The AFL Appeals Board denied Brennan’s case on Thursday afternoon, which challenged AFLW rules on gender discrimination grounds, as the rules saw her suspended for the same act that would see a male AFL player only fined.

This rule was reportedly requested because AFLW players could not afford the financial sanctions given to AFL players. Brennan would have been fined $5000 in this case if she was an AFL player.

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McLachlan was informed of the Bulldogs’ decision to head to the Human Rights Commission during an interview with 3AW’s Neil Mitchell on Friday morning.

“I guess I’d say that in different competitions, Neil, we have different rules,” McLachlan said.

The AFL boss said the league will review the discrepancy between AFL and AFLW tribunal penalties as part of its normal processes after the completion of the women’s season.

“We’re always reviewing the rules. If this is raised that it’s actually unfair or too harsh, that will be reviewed. I don’t think it’s necessarily fair to say the rules are sexist.

“Everything gets reviewed at the end of the year so it will definitely be looked at. Whether there’ll be change is a different issue.”

Asked whether he could see that there was an inconsistency in the rules, McLachlan replied “I can see that it’s a different set of rules.”

“I wonder whether it’s too harsh and what the intent of the rule is, and I think there’s a fair question to be asked there.

“People should exercise their full appeal rights and their full rights. The Bulldogs know I’m supportive of that, where that goes is up to them.”

Katie Brennan will not play in Saturday’s AFLW Grand Final. Picture: Andrew Tauber Source: News Corp Australia

The AFL told the Appeals Board on Thursday afternoon that if Brennan wanted to challenge the discriminatory nature of the AFLW rules, she should take that to an external court.

“Katie has this morning filed proceedings with the Australian Human Rights Commission seeking to have her suspension overturned and for the AFL to amend the differences between the AFLW regulations and the AFL regulations to ensure that in future, other women players are not more likely to be suspended than men for identical conduct with identical disciplinary records,” the Western Bulldogs said in a statement.

“To be clear, Katie is not seeking to play tomorrow. She wants her suspension overturned in time in the interests of justice, and the rules changed to make sure what happened to her does not happen to anyone else.”

Brennan said she believes her tackle on Harriet Cordner was “reasonable”.

“It is even more troubling to know that if I was a man playing in the AFL and was reported for the identical tackle, I would not have been suspended and I would be playing in a Grand final tomorrow,” Brennan said.

“The fight for gender equality is as every bit as important to me as the Grand Final and the decisions I have made reflect both of those priorities.”