The Sydney Swans will not have first access to prospect Ben Davis under academy rules because the impressive forward didn't nominate for last year's NAB AFL Draft.

Davis, the younger brother of second-year Swan Abe Davis, kicked four goals from 19 disposals and eight marks for New South Wales-ACT in the Rams’ strong win over Tasmania last weekend.

However, unlike his brother who joined the Swans via the academy bidding system in 2014, Davis will not be eligible to join the club as an academy player.

The 187cm prospect, who turns 19 this week, did not nominate for last year's draft due to injury. Under the AFL's rules, a player has to have nominated for the draft in his 18th year to be eligible to join an academy in his over-age season.

Had he nominated last year and been passed over at the national and rookie drafts, Davis would have qualified to be taken by the Swans as an academy player.

GWS midfielder Jack Steele was overlooked at the 2013 draft but because he had nominated that year, the Giants were able to select him under academy rules the following season after an impressive campaign from the Canberra product. 

Davis' exclusion from the academy bidding process and entry into the open draft follows the news his NSW-ACT teammate Todd Marshall will also be available to all clubs in November’s draft.

The AFL ruled last week that Marshall, who was recently added to Greater Western Sydney's academy, would not be able to join the club after a 'registration issue'.

The Deniliquin teenager has been touted as one of the best tall forwards in this year's pool and booted two goals on the weekend to go with his four in the opening round of the division two carnival. 

Another tall prospect, Elliott Himmelberg, is also in the open draft having only moved to Queensland this year. The Redlands player lives in Brisbane's academy zone, but has not resided in Queensland long enough to qualify as a priority selection for the Lions.

The 196cm defender/forward is the younger brother of Harrison Himmelberg, who joined the Giants at last year's draft as an academy pick (No.16 overall) after playing in Canberra as a top-ager.