Djokovic ban ‘protects Australians from themselves’

THE Morrison government has said that while world tennis no.1 Novak Djokovic poses a “negligible” risk of spreading COVID-19, his mere presence could stoke “anti-vaccination sentiment”. 

Mr Djokovic’s lawyers, meanwhile, have argued that the case against the tennis star was “illogical” and that Immigration Minister Alex Hawke’s reasoning was affected by the jurisdictional error identified last week. 

Mr Djokovic’s ongoing presence in Australia may lead to an increase in anti-vaccination sentiment, potentially leading to an increase in civil unrest…
Alex Hawke
Immigration Minister

The Serbian’s visa drama has dominated the build-up to the year’s first Australian Open grand slam, disrupting his attempt to defend his title.

In a 258-page affidavit outlining his reasons for cancelling Mr Djokovic’s visa, the immigration minister conceded the unvaccinated tennis star only poses a “negligible risk” of transmitting the virus to the community.

UNVACCINATED

However, Mr Hawke argues that allowing Mr Djokovic, who he said is a “high-profile unvaccinated individual”, could lead to other unvaccinated Australians “refusing to get the jab, anti-vaxxers having their views reinforced and a reduction in the uptake of booster doses”.

“Mr Djokovic’s ongoing presence in Australia may lead to an increase in anti-vaccination sentiment in the Australian community, potentially leading to an increase in civil unrest of the kind previously experienced in Australia with rallies and protests which may themselves be a source of community transmission,” he said.

Referencing Djokovic’s self-described “error in judgement” to attend an interview last month after being informed of his positive COVID-19 result, Hawke said that may “foster similar disregard for the precautionary requirements following receipt of a positive COVID-19 test in Australia”.

This, in turn, could “lead to the transmission of the disease and serious risk to their health and others,” he wrote.

In response to the minister’s decision, Mr Djokovic’s lawyers accused the government of failing to consider whether its own actions – in its first failed bid to block the top-ranked player from remaining in Australia – had stirred up anti-vaccination sentiment.

They also argued that Hawke “cited no evidence” that supported his finding that Djokovic’s presence in Australia may encourage others to disregard isolation rules.

ADVERSE

“Cancelling Mr Djokovic’s visa and deporting him would plainly be adverse to the public interest, and respectfully, could only serve political interest,” court documents said.

“That action would prejudice Australian economic interests, and jeorpadise the viability of Australia continuing to host this prestigious, international sporting event.”

“[It would] call into question Australia’s border security principles and policies – and indeed the rule of law in Australia generally.”

Justice O’Callaghan raised the possibility of convening a full court of three judges for Sunday’s hearing, scheduled for 9.30am, instead of a single judge.

OPPOSED

The move was supported by Mr Djokovic’s representative Paul Holdenson QC, but opposed by the government on the grounds that it would prevent any means of appeal.

“Having the matter referred to the full court would remove any party’s right to appeal,” said Stephen Lloyd SC, representing Mr Hawke.

A decision on whether a full court will sit is expected later in the day.PC

Nina Nguyen

MAIN PHOTOGRAPH:  Alex Hawke. (courtesy The Mirror)
RE-PUBLISHED: This article was originally published by The Epoch Times on January 15, 2021. Re-used with permission.
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7 thoughts on “Djokovic ban ‘protects Australians from themselves’

  1. Dr Christian Perronne all who voted for vaxx obligations can be prosecuted at international tribunals

    https://www.fromrome.info/2022/01/20/dr-christian-perronne-all-who-voted-for-vaxx-obligations-can-be-prosecuted-at-international-tribunals/

    The lying Australian government tyrants dictators have been cooking the covid books. They the Australian government bureau of statistics were instructed by the totally corrupt WHO to inflate the covid figures they want robust figures and they were instructed how to do it, this was on the ABS website.

    This is what has been and is going on with the totalitarian regime aka state and federal governments of Australia.

    The entire Australian vaccination policy is totally corrupted with massive systemic and extensive conflicts of interest everywhere including the deeply conflicted mainstream media empires with their extensive interests.

    There is and has never been any independent body to stop these criminal tyrants. The whole system is corrupted.

    They should all be charged with gross violations of Nuremberg principles/Nuremberg code for the tyrannical crimes against innocent populations.

    Unvaccinated lockdown in NT extended for Alice Springs, remote communities restricted – TOTT News

    https://tottnews.com/2022/01/18/update-lockdown-in-nt/

    Everyone everywhere in our world please watch this video and rise up United against these totalitarian regimes that have destroyed our lives and our countries and our democracies, our Civil rights and human rights and medical rights and freedoms so lets go and put a dagger through the totalitarian beasts.

    The Center for research on globalization by Professor Michel Chossudovsky

    The Agenda is to Vaccinate 7.9 BILLION People WorldWide; This is a Political Agenda-2019 COV Novella By POWERFUL Financial Interests (British Empire-Bill Gates & Fauci Are Members)

    DECEMBER 12, 2021

    https://brutalproof.net/2021/12/the-agenda-is-to-vaccinate-7-9-billion-people-worldwide-this-is-a-political-agenda-2019-cov-novella-by-powerful-financial-interests-british-empire-bill-gates-fauci-are-members/

  2. Adolf Hawke Immigration Minister must be so pleased with himself and his stating I have used My power to cancel Novak Djokovic visa, you stupid ignorant criminal tyrants what you and your fellow tyrants are doing is criminal and many people are waiting to see you all pay for your crimes against innocent populations aka crimes against humanity.

    This is what the greatest tennis player in the world Novak Djokovic did not want to play vaccination Roulette.
    The political and medical tyrants dictators in Australia government are either criminally responsible with full knowledge of the damage and destruction caused by these covid jabs or they are criminally negligent and failed due diligence and duty of care and the precautionary principle which ever they are all responsible.
    The entire Australian government vaccination policy totally corrupted with systemic and extensive conflicts of interest and no vaccination mandates or any other medical treatment should ever be mandated, this is criminal.
    Abolish all mandates now and all other tyrannical governments actions.

    A List of World Class Athletes Who Died or Suffered Severe Injuries After C0V-19 Vaxxine – Part 2. Australian National Review

    https://www.australiannationalreview.com/covid-19-deaths-and-injuries/a-list-of-world-class-athletes-who-died-or-suffered-severe-injuries-after-c0v-19-vaxxine-part-2/

    Vax dates’: Victorian youth body urges teens to get Covid-19 jab without parents’ permission | Reignite Democracy Australia

    https://www.reignitedemocracyaustralia.com.au/vax-dates/

    Labor goons attack and assault Vintage Apron cafe owner at Capalaba | Cairns News
    https://cairnsnews.org/2022/01/17/labor-goons-attack-and-assault-vintage-apron-cafe-owner-at-capalaba/

    Queensland Labor Government Premier Palaszczuk’s pathetic police pounce on cafe patron arrest her having a cup of coffee
    https://cairnsnews.org/2022/01/14/palaszczuks-pathetic-police-pounce-on-cafe-patron-takes-four-to-incarcerate-her/

    Liberals and Labor deserve the world wide condemnation they are getting
    https://cairnsnews.org/2022/01/17/liberals-and-labor-deserve-the-world-wide-condemnation-they-are-getting/

    Australians must all unite against the terrifying tyranny of the state and federal governments of Australia

    Professor Zimmerman slams the federal government and states’ Covid regime, resigns from Liberal Party | Cairns News

    https://cairnsnews.org/2022/01/12/professor-zimmerman-slams-the-federal-government-and-states-covid-regime-resigns-from-liberal-party/#comment-179626

    Dr. Augusto Zimmermann resigns from the Liberal Party IN STYLE | Reignite Democracy Australia
    https://www.reignitedemocracyaustralia.com.au/zimmermann-style/

    EMERGENCY POWERS, COVID-19 RESTRICTIONS & MANDATORY VACCINATION

    A ‘RULE-OF-LAW’ PERSPECTIVE

    Augusto Zimmermann
    Gabriël Moens AM

    Paperback, 140 pages, $29.95

    ISBN: 9781922449948

    January 2022 Release

    The main argument of this book is that vaccine mandates facilitate the creation of a fundamentally unfair and unequal society where vaccinated people are privileged and the unvaccinated become second-class citizens who are excluded from most activities of normal life and are regarded as lepers in their own country. In this context, this book discusses the concept of legality known as the ‘rule of law’, and the use of emergency powers in Australia. It also focuses on the unconstitutionality of mandatory vaccination, and it examines the possible use of the external affairs power in the Constitution to combat mandatory vaccination. Also discussed in this book is the role that civil disobedience can play when protesting the imposition of vaccine mandates and other draconian measures. Finally, the reader is invited to ponder how the use of emergency powers is historically used as a means of suppressing fundamental rights and dramatically increasing the power of the State.

    Augusto Zimmermann is professor and head of Law at the Sheridan Institute of Higher Education, and also adjunct professor of law at the University of Notre Dame Australia (Sydney Campus).From 2012 to 2017, he served as a Law Reform Commissioner in Western Australia. While teaching (and coordinating) constitutional law and legal theory at Murdoch University, he was awarded the 2012 Vice Chancellor’s Award for Excellence in Research, as well as two Law School Dean’s Research Awards, in 2010 and 2011. He is also the author/co-author/editor/co-editor of numerous academic articles and books, including Fundamental Rights in the Age of Covid-19 (Connor Court Publishing, 2020).

    Gabriël Moens AM is emeritus professor of law at the University of Queensland and served as pro vice-chancellor and dean of the School of Law at Murdoch University. In 2003, Moens was awarded the Australian Centenary Medal by the prime minister for services to education. He has taught extensively across Australia, Asia, Europe, and the United States. Moens has recently published two novels A Twisted Choice (Boolarong Press, 2020) and The Coincidence (Connor Court Publishing, 2021).

    Quotes from the book:

    “The health orders issued by Australia’s governments have the effect of violating the concept of legality known as ‘the rule of law’. These governments have adopted extra-constitutional measures that undermine the doctrine of separation of powers and the principle of equality before the law, as well as the basic right of citizens to object to any form of medical treatment, including mandatory vaccinations, which are now increasingly imposed by the government”.

    “Mandatory vaccination, which is now steadily underway in Australia to combat the spread of COVID-19, sits uncomfortably with the jurisprudence of the High Court and our traditions of constitutional government. One would expect the Court to acknowledge these basic traditions, and that discrimination on the grounds of vaccination amounts to a violation of the spirit of the Australian Constitution”.

    “The rise to dominance of the authoritarian leader in Australia is a confirmation of the massive shift of power away from parliament, or the legislative arm of government, to the executive or cabinet. This process not only effectively allows the Premier and his cabinet to arbitrarily decide on legislative measures but also to intervene on every single aspect of our lives”.

    “The deep unease and fear that saturate Australia’s society have created a population disposed to government whose insatiable thirst for power and control leads to authoritarian measures. To avoid the growing concern of human rights violations and outright suppression of the constitutional order, the political establishment has learned about the importance of manipulating public perceptions to win support of what normally would be rejected as oppressive and undemocratic measures”.

    “The experience of contemporary Australia vividly exemplifies a disguised form of authoritarianism under the façade of temporary measures to combat an alleged health crisis. Rather than openly violating the constitutional order, governmental accountability is dangerously weakened by insulating the political ruler from scrutiny and a functional system of checks and balances”.

    “In theory, the use of emergency powers by the ruling elites should be a temporary departure from constitutional rule, in which a political leader might need to rule by decree until the emergency ceases to exist. The Australian political establishment, however, may never intend these measures to be temporary, thus seeking to conveniently maintain its extraordinary powers indefinitely. As such, convincing the population of a perpetual state of emergency gives the ruling elite broad discretionary authority to govern at the margin of the democratic process, unconstrained by legal-institutional accountability”.

    “The use of emergency powers in Australia certainly results in the abuse of power by arbitrary measures that profoundly undermine the rule of law; this can become more permanent in time. Presently, Australian authorities are enacting measures that consolidate statism and allow informers to assist authorities in tracing and incarcerating citizens without warrants on the grounds of prospective conduct. Any person in this country can now be arrested when the authority assumes that they have failed to comply with these directions. As such, basic legal principles inherited from the common law and our tradition of constitutional government (including due process and recourse to the writ of habeas corpus) are seriously undermined”.

    https://www.connorcourtpublishing.com.au/EMERGENCY-POWERS-COVID-19-RESTRICTIONS-MANDATORY-VACCINATION-A-%E2%80%98RULE-OF-LAW%E2%80%99-

  3. Rumour has it that Djokovic’s deportation is actually about Morrison’s link to Rio Tinto and their attempts to mine in Serbia which Djokovic opposes.

  4. Everyone is showing their true colours. Thank you CraigKellyMP for apology to Serbia

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  5. Clot Morrison and wretched Hawke are what’s wrong with the Libs and Australia. A branch stacker kicks out a world super hero who wants to protect his own health from medical experiments. It’s a Frankenstein fake vaccine. Otherwise the government would have approved the safer Petrovsky jab?
    Down with major parties
    Vote 1 emerging political parties

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  6. The Morrison government has arrived too late. It’s attempting to play the Leftist playbook in the hope it’s COVID harshness will get it re-elected.
    Quite the opposite.
    Get ready for a thrashing you despicable hard-line traitors.

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