Justin Quill: How Novak Djokovic visa debacle could’ve been avoided

The bungling collectively made by the state and federal governments as well as these organisations has helped make Djokovic a martyr.

Win or lose, I’m sure Novak Djokovic analyses every match in which he plays.

His attention to detail and drive to find where he could do things better and always improve is why Djokovic is the world’s best tennis player – and depending on who you ask, the greatest ever tennis player.

I hope all the key players in this case have a good hard look at their processes and execution to see if they can do better next time.

To help them in their review process, I’ve set out some of what I think should be the key findings for each entity.

TENNIS AUSTRALIA

I feel for Tennis Australia, but sorry guys – you have to do better.

You’d known for months that Djokovic might not agree to be vaccinated. You knew in December he had a positive Covid test result. Surely you could have arranged to get in a room – virtually or in person – with the Home Affairs Minister, the Immigration Minister, the Victorian Heath Minister, head of the Department of Health, and Border Force.

Tennis Australia boss Craig Tiley. Picture: AFP.

This was never a trivial decision. This is about having your reigning champion and without question main drawcard play in what is arguably the jewel in Australia’s sporting crown. Frankly I don’t think he should have been invited in the first place. But if you’re going to try to get him here, make sure everyone is on board.

FEDERAL GOVERNMENT

The Australian Open is the same time every year. If you had a problem with Djokovic being here – you should have made it clearer.

Scott Morrison is on record (before Djokovic arrived) saying whether he got an exemption was a matter for the state government. Sure, he might now explain that as not applying to the question of letting Djokovic into the country – but it’s not clear.

But what about the process of giving someone a visa and then checking it when they get here – after they’ve spent money on flying over? Forget the star tennis player worth a quarter of billion dollars – what about Joe Public who flies in for a visit? The system seems flawed and surely can be improved.

Prime Minister Scott Morrison. Picture: Gary Ramage

And when you get taken to court by the world’s best tennis player in a case the whole world is watching almost as much as the O.J. Simpson trial, don’t go in with a junior team.

To see Djokovic having two QC and two barristers go up against the Australian government’s legal team of two junior barristers was embarrassing. Nothing wrong with those juniors – I can assure you they’re both guns. But Djokovic outgunned us. Muscle up and get a QC next time.

Ultimately, I think the government made decisions based on popularity.

BORDER FORCE

Judge Anthony Kelly’s orders from last Monday will forever record that the Border Force officials acted “unreasonably”. I feel sorry for those Border Force officials because the government in agreeing to those consent orders effectively threw Border Force under the bus.

The Immigration Minister tried to “square up” with Border Force when he included in his decision to cancel Djokovic’s visa, a specific thanks to Border Force for protecting our borders. It was so obviously a pay back for throwing them under the bus.

Australian Border Force officials need more training and more empathy. Picture: David Crosling

Having said that, the Border Force officials did strong-arm Djokovic. The way they manipulated him to not have access to his lawyers just wasn’t good enough and isn’t a good reflection on our country. For all visitors to Australia, Border Force will likely be the first interaction they have.

They need to be beyond reproach. More training and more empathy is needed. Thank you for your work, Border Force – but do better.

VICTORIAN GOVERNMENT

As soon as this saga started the Victorian government – particularly the Department of Health that has lurched from stuff-up to stuff-up in the Covid hell of the last two years – seemed to just side step ways to avoid any scrutiny. They perfectly adopted a “silent small target” approach by effectively saying nothing.

Daniel Andrews needed to offer Victorians more transparency on the granting of a medical exemptions. Picture: Andrew Henshaw

But the granting of a medical exemption to Djokovic was always going to be problematic. And to have it done by an anonymous panel on grounds that weren’t revealed and ask us to trust you – sorry guys, we need more transparency.

NOVAK DJOKOVIC

The advice is simple, Novak. Get vaccinated.

This whole circus doesn’t happen unless Djokovic set it up as the chief clown.

Also, be careful with your Instagram posts. The circus wouldn’t have started if Djokovic hadn’t made is gleeful and boastful Instagram post about him travelling to Australia.

Novak Djokovic simply needs to get vaccinated. Picture: AFP

This gave the Australian public enough time to get outraged and the federal government the time to see a quick bump in opinion polls and arrange for him to be booted at the airport.

I’m not saying that would be a good thing – but it would have meant this saga would never have happened.

CONCLUSION

Everyone listed above can do better.

But the worst thing in this mess is that the very opposite to the Immigration Minister’s aim is the likely outcome of all this.

The minister said he was deporting Djokovic because allowing him to stay would stir up anti vaccination sentiment.

Frankly, that’s what the last 10 days have done. The bungling collectively by all of the above has meant that Djokovic is now a poster boy for the anti-vaccination movement.

But worse, we’ve managed to also make him a martyr.

Justin Quill is a partner with major law firm Thomson Geer, which acts for the Herald Sun