I’m guessing that the US federal government authority would look similar.
Then by extension, are you saying that the State didn’t have any rights to grant exemptions? Because in this case, it did. Was the exemption invalid from the start?
The States can do what ever they like but when it is in conflict with Federal Legislation then the Federal legislation over rides it - again that is in the Constitution.
Currently the federal Government wants the country to open up but the States have their own ideas varying from a complete “Get Stuffed” from WA to the Victorian/NSW/ACT attitude of, “OK but with limitations”. As Muddy is finding Queensland’s borders are up and down like a whore’s drawers at the moment. And I have absolutely no idea of the status of the NT and SA borders.
The Australian Constitution was written to protect State’s rights otherwise the Commonwealth of Australia would never have happened.
Same in the US. Biden could override New York’s authority under the Emergency Powers Act or similar, but for one person under a technicality? That doesn’t sound like an overarching emergency that would need to override States’ rights.
Even more baffling why the federal government is not allowing this one guy in.
In this case, States’ rights are getting overridden since it appears clear that one State granted an exemption that is now being questioned.
To enter Australia you need to be vaccinated with a vaccine approved by the TGA unless you are granted an exemption for a limited range of reasons. He hasn’t provided that information - presumably that will be the basis of the High Court case.
No, states rights are not being overridden, immigration is a federal responsibility (section 51 of the Constitution) not a state issue only travel between states is a state issue.
If this article is correct, he has already been granted an exemption.
In this article, the exemption is said to be approved both by the TA and the Victoria government. If it’s true, the federal government would just need to communicate with the Victoria government to see if it’s true.
In that quote, it appears that the Victoria government minister is affirming that there is an exemption, and that no special treatment was granted to get it.
Edit: If it’s not true, that’s some wild quoting in the media.
Again, it may well be true that the Victorian Government granted an exemption as I said before (message #33) BUT it is entirely up to the federal government to let people in. I feel we are going over the same ground.
The Federal Home Affairs Minister
So she’s saying that the federal government is not acknowledging the State’s exemption. And now there are more people who have gone into the country under that exemption who are now under scrutiny.
and it looks like the Victoria government are stepping back from the exemptions it gave earlier
Interesting wording because if the States could not grant exemptions, why would anyone bother going through the 2 panel of medical doctors to try to get one, and why would the State and the Tennis Authority even set that up.
Good piece about it in the i today…
"…put simply the Serb believes he is entitled to,play in the Australian Open under a different set of rules from everybod else because he convinced two sets of doctors to grant him a “medical exemption”
On what grounds remains a mystery, but it is thought that Djokovic cited catching Covid 6 months ago is proof of his immunity. But that has never been acceptable for free entry into Australia since the pandemic began.
…We will soon see if Morrison holds his nerve.
He needs to direct this Diva to the door "
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It is out of the government’s hand, Djokovic’s visa has been cancelled and he is in immigration detention it is now entirely up to the High Court. If they rule in the Government’s favour he will be on the first available plane out if they rule against the government his visa will be reinstated.
As the Minister said he is not in prison, he is free to leave at any time on any flight out of his choosing
Late news - another tennis player is in immigration detention
All visiting tennis players should boycott the Australian open and return home in support of their colleagues. It’s the thin end of the wedge.
I feel that Australia are doing a good job of trying to keep unwanted people out of their country and Tennis Victoria appear to have no authority on this matter, apart from saying they had doctors notes to say he is not able to have the jabs .
If the UK had been so diligent in preventing illegal immigrants coming into our country , perhaps there would have been less Covid cases in the UK.
I recall that many reports said that there is no proof that, having had Covid, makes you immune ! I suspect Djokovic is more interested in becoming the worlds top player & the money he will make from that, than trying to reduce the viral infection on Australia!
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Good for the Australian Government. There will always be half witted people who feel the rules apply to everyone, but them.
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I see Nigel Farage has got the hump and called Australia a Banana Republic for not letting Djokovic in.
A tad hypocritical when he’s so keen that we protect our own borders and uphold our own laws but he doesn’t think Australia should be allowed to?
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More quotes from the tennis community.
“Sergiy Stakhovsky, the Ukrainian player, wrote on Twitter: “When next time somebody will tell you ‘Sports is not interfering with politics’ you remember the 6Jan2022 when purely political ‘ego’ is not allowing best tennis player in the world to enter the country to which … ‘governmental institutions’ granted entry.””
Another quote from the former CEO of the Australian Open:
“Paul McNamee, the former chief executive of the Australian Open, said: “For those asking, all players go through the same visa process overseen by Tennis Australia to play the Australian Open (as non Australians are currently not able to enter). So it beggars belief that Djokovic is the only player that has had his visa granted and then rescinded.””
D’you know what?
Cancel the bloody tournament and send them all home.
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For goodness sake he a tennis player .
The world isn’t going to stop if he doesn’t bat a little ball about send him back to Serbia
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What? cancel the Ash Barty party?
his mummy is screaming abuse abuse - murder murder poor thing - come to think of it how did she get in?
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Ffs what grown man needs his mother in this way.
Oh, I remember another tennis player Jimmy Connors whose mummy used to scream and shout.
Tennis players are mummies boys!!