As a result of the “Djokovic Affair”, basic flaws in the ability of the Australian legal system to protect citizens are now on display around the world.
Those flaws which embrace both entry into the nation and its tax collection system will adversely impact Australia until they are remedied.
I strongly emphasise that this commentary is not about the complex events in the Novak Djokovic case, the vaccination issues and the Federal Circuit Court hearing.
I am confining my border force comments to the statements by the public servants under Home Affairs Minister Karen Andrews that they believed they have the power ignore the decisions of our Federal Circuit Court — ie they are above the law of Australia.
Accordingly they announced, prior to the court hearing, that in the event that the government lost its case, it could again cancel the Djokovic visa and the world number one tennis player could face more detention or be forced to leave even though he might win his case.
I can’t think other more nation damaging statement to be put on the world stage.
The nation has known for a long time that the Australian Tax office was above the law and periodically over the last 28 years politicians on both sides have demanded a proper set of legislated rules — usually along US lines. But at every attempt the politicians have buckled to the power of the public service. (I detailed the latest attempt last month on our web site under the heading “After 28 years, it’s time to fix unfair tax system”)
It’s ironic that Karen Andrews was the Industry, Science and Technology Minister at a time when the department’s morale was hit hard when the all powerful Australian Taxation Office demanded the return of Australian research grants awarded by her department.
The ATO attack did not take place until after the money was spent by some of our top researchers so outrageously the ATO added penalties and interest. The ATO was able to cut a swath through top Australian research and only now is the nation beginning to recover.
The ATO used the same techniques to destroy the gold refining industry but one gold refiner was able to borrow enough money to take the ATO to the Federal Court and win the case. Smashed gold refiners attempting to recover some of the money they lost via ATO illegal actions are finding the ATO still unrepentant---- it believes it above the law
The Australian government is perfectly entitled to set rules for people entering Australia and indeed its an important obligation. But the rules must be clear.
And when dealing with a global event like the Australian Open we need to be transparent so the world can respect our implementation even though they might disagree with the rules we set.
Just as the United States has a set of legislated set of tax rules that are fair and open for all to see, on my experiences, in the US visa system there is similarity to tax.
As a journalist wanting to report in the US I must apply for a visa to enter the US.
I remember the long questionaries the US put me through before granting a visa. I had to reveal almost everything that ever happened to me.
At the time I was a little grumpy but looking back the US was perfectly entitled to conduct a such an exercise because it had legislated the rules. The interrogation was conducted on Australian soil and not at the LA airport.
There was also flexibility in the system.
Australia is going to need overseas talent to overcome our partly self created skills shortage. The entry rules must be clear.
Overseas companies will be very reluctant to expand in Australia now they know we have chaotic border rules and a Home Affairs department that believes it is above the law.
Australia sees itself as a place for world sporting events. The “Djokovic Affair” has shown the world that we are very dangerous place to have global sporting events because of the chaos in our border control rules and the lack of legal certainty.
Overseas companies will also want clear rules on taxation and not have go to the Federal High Court for justice. The Morrison government had plans to introduce a legislated code of tax conduct similar to the US but it failed to carry them out.
With justification we complain in the region about some of the Chinese actions. But now our basic legal flaws have become a world event.
Before we resume campaigning on the world stage about the defects of others we need to fix our own mess with proper tax and border force rules. The public servants must not above the law and, in the border force rules, the action takes place before the person boards the plane and not when they arrive.
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