Hawthorn's Shaun Burgoyne is free to play in round one of the 2011 season after he beat a rough-conduct charge at the AFL Tribunal on Tuesday night.

The skilful midfielder was charged with rough conduct and was facing a one-match ban for his tackle on Fremantle's Alex Silvagni in last weekend's elimination final at Subiaco, which the Dockers won by five goals.

Player advocate Chris Townshend SC successfully argued that while Silvagni's head landed heavily as a result of Burgoyne's tackle, it was not a deliberate act or second movement.

Townshend said Burgoyne had attempted to spin his Fremantle opponent in the tackle but Silvagni slipped and there was a tangle of legs.

"It was a tackle that ended badly but didn't start badly," Townshend said.

"The feet became tangled. They both fell.

Tribunal panel members Wayne Schimmelbusch, Wayne Henwood and Richard Loveridge heard evidence for 45 minutes then deliberated for less than five minutes before finding Burgoyne not guilty of the level one rough-conduct charge.

He was facing a 125-point penalty, plus 30 per cent for his total of three matches suspended within the last three years, for a total of 162.50 demerit points and a one-game ban.

Burgoyne said he was thrilled to avoid a ban after his debut year with Hawthorn was delayed by a hamstring strain and broken jaw.

The Port Adelaide premiership player didn't line up for his first game for the Hawks until round eight of 2010, but the All-Australian showed his class in the second half of the season.

"I was happy to get off so I could play round one next season and get through pre-season looking forward to round one," Burgoyne told reporters.

"I've missed enough footy in the last 18 months. I want to play as much footy as I can for Hawthorn.

"All I wanted to do was lay a tackle and win a free kick for myself," the 27-year-old added.

"I never want to do damage to the opposition player. Unfortunately he did hit his head and sometimes players do have those accidents.

"But I'm happy with the outcome tonight."

Burgoyne said he was unaware that the ball spilled out of Silvagni's hands midway through the tackle.

"As I was trying to spin him, he lost his balance," Burgoyne said during the hearing.

AFL Tribunal Counsel Jeff Gleeson said to Burgoyne that he had pinned his opponent's left arm then drove his right shoulder into Silvagni.

"I put it to you, you could have minimised the impact of his head on the ground," Gleeson said.

But Burgoyne said: "I had no control over his slipping. Once we fell, it was out of both players' control."

A medical report from the Dockers said Silvagni had dizziness for five minutes after the incident but quickly recovered.

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