COVID-19 and Tennis

[MARTINE]

Well worth a read - Djokovic team application to the Federal Circuit Court:

https://www.fcfcoa.gov.au/sites/default/files/2022-01/MLG%2035%20of%202022%20-%20Applicant%27s%20submissions.pdf

@Anna - what is a temporary activity visa referred to on page 1?

 

[Pushka]

@Anna wins with an impressive forehand down the line...

Had to bring it back to tennis somehow!

Actually it was the time spent at the bar which impressed me. 7 years is quite a feat

 

[HappyFlyerFamily]

I think a temporary activity visa is a 408 visa.

 

[antycbr]

So Djokovic has had covid confirmed by the Serbian Public Health institute in December. Government websites in Australia (health/ATAGI) state that recent infection in the last six months is a reason for contraindication of vaccination.

Fun.

 

[MARTINE]

So Djokovic has had covid confirmed by the Serbian Public Health institute in December. Government websites in Australia (health/ATAGI) state that recent infection in the last six months is a reason for contraindication of vaccination.

Fun.

…but does not being able to be vaccinated equate to quarantine free travel ? It does not according to ATAGI

The application makes much reference to this and the limited risk of him being infectious.

 

[antycbr]

…but does not being able to be vaccinated equate to quarantine free travel ? It does not according to ATAGI

The application makes much reference to this and the limited risk of him being infectious.

Apparently correspondence to Djokovic from Home Affairs says it’s up to jurisdiction of arrival. Not sure where that document is I guess we don’t have all the attachments to the application…

 

[prozac]

Meanwhile Rafa is playing tonight I believe ... hope Novax is watching.

On his 24" TV

 

[MARTINE]

Apparently correspondence to Djokovic from Home Affairs says it’s up to jurisdiction of arrival. Not sure where that document is I guess we don’t have all the attachments to the application…

Yes …. really makes it interesting

…page 2/para4 rather looks like fed advice is internally inconsistent ie if you can satisfy Vic we say yes but this is still inconsistent w ATAGI (which is fed). Even if can’t have jab - not considered you eligible for quarantine free travel

… well we wait till Monday and then I can decide whether I give my tickets away as refuse to support this

 

[Milboo]

@Anna wins with an impressive forehand down the line...

Had to bring it back to tennis somehow!

Wasn’t aware it was a contest but can recite my professional CV too if it helps?

Apologies if Anna had taken offence to use of pretty commonly used term.

 

[HappyFlyerFamily]

Apparently correspondence to Djokovic from Home Affairs says it’s up to jurisdiction of arrival. Not sure where that document is I guess we don’t have all the attachments to the application…

16 December infection

Wouldn't it be these rules that apply in terms of 'jurisdiction of arrival'

Information for overseas travellers | Coronavirus Victoria

Frequently asked questions about international arrivals and quarantine requirements.

www.coronavirus.vic.gov.au

Travellers who are not fully vaccinated​

Quick guide​

If not fully vaccinated and aged 18 years and over:

• Quarantine for 14 days in hotel quarantine, or
• If you have a valid medical exemption, you can follow the same home quarantine rules and testing obligations as fully vaccinated adults. However, there are more restrictions on entering sensitive settings.

If aged over 12 and 2 months but under 18, and not fully vaccinated:

• Quarantine at home or in private accommodation for 7 days after the day you arrive in Australia.
• Get a PCR test or a rapid antigen test within 24 hours of arriving and continue to quarantine until you receive a negative result.
• Get a PCR test or a rapid antigen test between day 5 and 7 after arriving. You don’t have to quarantine while awaiting the result of this test.
• There are restrictions on entering sensitive settings (including education).

Note: The above applies to people aged over 12 and 2 months but under 18 if they are travelling solo or travelling with a parent/guardian who is either fully vaccinated or medically exempt.

In more detail​

International arrivals aged 18 and over who are not fully vaccinated (excluding those with a medical exemption) will be required to undertake 14 days of hotel quarantine.

If you are aged between 12 years and 2 months and 18 years, and not fully vaccinated and do not have a medical exemption (and you are travelling unaccompanied or with at least one parent or guardian who is fully vaccinated or has a medical exemption), you need to:

• Quarantine at home or any other private accommodation, including hotels, for 7 days after your arrival in Australia.
  • If you first arrived in Australia in another state or territory before arriving in Victoria, you must complete what is remaining of the quarantine period since you arrived in Australia.
  • You can transit directly to another state or territory following arrival in Victoria.
  • While in quarantine, you can only leave home to undertake specific essential activities, which include getting medical care or medical supplies, COVID-19 testing, in an emergency, or if you are leaving Victoria.
  • While in quarantine, you must not share bedrooms, bathrooms or any other facilities with any other person who is not quarantining (for example, people outside your travelling party).
  • If you leave quarantine for any permitted reason, you must wear a face mask at all times (unless an exception applies) and practise physical distancing.
• Get a PCR test or a rapid antigen test within 24 hours of arriving in Australia.
  • If the test result is negative, you are still required to quarantine for 7 days after arrival in Australia. You do not need to get this test if you already got it elsewhere in Australia.
• Get another PCR test or a rapid antigen test between day 5 and 7 after arriving in Australia.
  • This applies if you are still in Victoria, and you have not had this test elsewhere in Australia.
  • If the test result is negative, you are still required to quarantine for 7 days after arrival in Australia. You do not need to get this test if you already got it elsewhere in Australia.
• There are restrictions on entering sensitive settings.
  • You must not enter an education facility (e.g. a school) until your quarantine period is over and until you have a negative result from a PCR test taken between days 5 and 7 after arriving in Australia.
  • You must not visit childcare or early childhood services, residential aged care facilities, disability residential services or hospitals (other than to receive urgent medical care) for 14 full days after your arrival in Australia.

For 14 days after your arrival in Australia you need to carry the results of COVID-19 tests, proof of ID, and international passenger arrival permit and present it on request to authorities if asked. Comply with all Pandemic Orders in place.

Travellers who have a medical exemption​

If you have a valid medical exemption:

• Follow the same rules as for ‘travellers who are fully vaccinated’ above.
• There are greater restrictions on entering sensitive settings in Victoria.
  • You must not enter sensitive settings such as school, childcare or early childhood services, residential aged care facilities, disability residential services or hospitals (other than to receive urgent medical care) for 14 full days after your arrival in Australia.

If you have a valid medical exemption and are aged at least 12 years and 2 months or above but less than 18 years:

• Follow the same rules as for ‘travellers who are fully vaccinated’ above.
• There are greater restrictions on entering sensitive settings in Victoria.
  • You must not enter an education facility (e.g. school) for 7 full days after your arrival in Australia and until you have a negative result from a PCR test taken between days 5 and 7 after arriving in Australia.
  • You must not attend a childcare or early childhood services, a residential aged care facility, a disability residential service or a hospital (unless obtaining urgent medical care) in Victoria for 14 full days after arriving in Australia.

Evidence of medical exemption for overseas travellers is:

• A certificate issued by a medical practitioner who is authorised by an overseas government authority or an accredited vaccination provider that is written in English or accompanied by a certified translation, that contains:
  • The person’s name as it appears on their passport
  • The person’s date of birth or passport number
  • A certification from a medical practitioner that the person is unable to receive a dose, or a further dose, of a COVID-19 vaccine due to a medical contraindication, or an acute medical illness (including where the person has been diagnosed with COVID-19) or a documented diagnosed COVID-19 infection confirmed by a PCR test within the previous 6 months.

 

[antycbr]

16 December infection

Wouldn't it be these rules that apply in terms of 'jurisdiction of arrival'

Information for overseas travellers | Coronavirus Victoria

Frequently asked questions about international arrivals and quarantine requirements.

www.coronavirus.vic.gov.au

Travellers who are not fully vaccinated​

Quick guide​

If not fully vaccinated and aged 18 years and over:

• Quarantine for 14 days in hotel quarantine, or
• If you have a valid medical exemption, you can follow the same home quarantine rules and testing obligations as fully vaccinated adults. However, there are more restrictions on entering sensitive settings.

If aged over 12 and 2 months but under 18, and not fully vaccinated:

• Quarantine at home or in private accommodation for 7 days after the day you arrive in Australia.
• Get a PCR test or a rapid antigen test within 24 hours of arriving and continue to quarantine until you receive a negative result.
• Get a PCR test or a rapid antigen test between day 5 and 7 after arriving. You don’t have to quarantine while awaiting the result of this test.
• There are restrictions on entering sensitive settings (including education).

Note: The above applies to people aged over 12 and 2 months but under 18 if they are travelling solo or travelling with a parent/guardian who is either fully vaccinated or medically exempt.

In more detail​

International arrivals aged 18 and over who are not fully vaccinated (excluding those with a medical exemption) will be required to undertake 14 days of hotel quarantine.

If you are aged between 12 years and 2 months and 18 years, and not fully vaccinated and do not have a medical exemption (and you are travelling unaccompanied or with at least one parent or guardian who is fully vaccinated or has a medical exemption), you need to:

• Quarantine at home or any other private accommodation, including hotels, for 7 days after your arrival in Australia.
  • If you first arrived in Australia in another state or territory before arriving in Victoria, you must complete what is remaining of the quarantine period since you arrived in Australia.
  • You can transit directly to another state or territory following arrival in Victoria.
  • While in quarantine, you can only leave home to undertake specific essential activities, which include getting medical care or medical supplies, COVID-19 testing, in an emergency, or if you are leaving Victoria.
  • While in quarantine, you must not share bedrooms, bathrooms or any other facilities with any other person who is not quarantining (for example, people outside your travelling party).
  • If you leave quarantine for any permitted reason, you must wear a face mask at all times (unless an exception applies) and practise physical distancing.
• Get a PCR test or a rapid antigen test within 24 hours of arriving in Australia.
  • If the test result is negative, you are still required to quarantine for 7 days after arrival in Australia. You do not need to get this test if you already got it elsewhere in Australia.
• Get another PCR test or a rapid antigen test between day 5 and 7 after arriving in Australia.
  • This applies if you are still in Victoria, and you have not had this test elsewhere in Australia.
  • If the test result is negative, you are still required to quarantine for 7 days after arrival in Australia. You do not need to get this test if you already got it elsewhere in Australia.
• There are restrictions on entering sensitive settings.
  • You must not enter an education facility (e.g. a school) until your quarantine period is over and until you have a negative result from a PCR test taken between days 5 and 7 after arriving in Australia.
  • You must not visit childcare or early childhood services, residential aged care facilities, disability residential services or hospitals (other than to receive urgent medical care) for 14 full days after your arrival in Australia.

For 14 days after your arrival in Australia you need to carry the results of COVID-19 tests, proof of ID, and international passenger arrival permit and present it on request to authorities if asked. Comply with all Pandemic Orders in place.

Travellers who have a medical exemption​

If you have a valid medical exemption:

• Follow the same rules as for ‘travellers who are fully vaccinated’ above.
• There are greater restrictions on entering sensitive settings in Victoria.
  • You must not enter sensitive settings such as school, childcare or early childhood services, residential aged care facilities, disability residential services or hospitals (other than to receive urgent medical care) for 14 full days after your arrival in Australia.

If you have a valid medical exemption and are aged at least 12 years and 2 months or above but less than 18 years:

• Follow the same rules as for ‘travellers who are fully vaccinated’ above.
• There are greater restrictions on entering sensitive settings in Victoria.
  • You must not enter an education facility (e.g. school) for 7 full days after your arrival in Australia and until you have a negative result from a PCR test taken between days 5 and 7 after arriving in Australia.
  • You must not attend a childcare or early childhood services, a residential aged care facility, a disability residential service or a hospital (unless obtaining urgent medical care) in Victoria for 14 full days after arriving in Australia.

Evidence of medical exemption for overseas travellers is:

• A certificate issued by a medical practitioner who is authorised by an overseas government authority or an accredited vaccination provider that is written in English or accompanied by a certified translation, that contains:
  • The person’s name as it appears on their passport
  • The person’s date of birth or passport number
  • A certification from a medical practitioner that the person is unable to receive a dose, or a further dose, of a COVID-19 vaccine due to a medical contraindication, or an acute medical illness (including where the person has been diagnosed with COVID-19) or a documented diagnosed COVID-19 infection confirmed by a PCR test within the previous 6 months.

That means he’s ok to not quarantine from the VIC Gov angle so the state jurisdiction seems to be covered.

Home Affairs told him in writing that he was good to enter Australia provided he followed the rules of the state of arrival.

 

[HappyFlyerFamily]

Yes …. really makes it interesting

…page 2/para4 rather looks like fed advice is internally inconsistent ie if you can satisfy Vic we say yes but this is still inconsistent w ATAGI (which is fed). Even if can’t have jab - not considered you eligible for quarantine free travel

… well we wait till Monday and then I can decide whether I give my tickets away as refuse to support this

Given Border Force has stated on 1 January that Djokovic is able to access quarantine-free entry (which contradicts the November letters), I think its Advantage Djokovic.

 

[MARTINE]

Given Border Force has stated on 1 January that Djokovic is able to access quarantine-free entry (which contradicts the November letters), I think its Advantage Djokovic.

yes
Glad I did medicine not law!
…over to the legal ‘Hawkeyes’

 

[HappyFlyerFamily]

Djokovic had exemption on grounds of recent COVID-19 infection, lawyers say

Lawyers for Novak Djokovic file court submissions as part of his battle to stay in Australia, confirming he received a medical exemption on the grounds he had recently recovered from COVID-19.

www.abc.net.au

 

[Pushka]

So Djokovic has had covid confirmed by the Serbian Public Health institute in December. Government websites in Australia (health/ATAGI) state that recent infection in the last six months is a reason for contraindication of vaccination.

Fun.

That's interesting. It's not 6 months though is it? More like recovery and wait a month. Which puts him in the sweet spot.

 

[Must...Fly!]

Question is, how can a Tennis Australia employed physician observe/confirm an individual is free of covid symptoms from thousands of miles away?

And a positive test on December 15 is most curious. That would be, what, 17 days before his intended travel to Australia? How convenient.

This all still stinks.

 

[HappyFlyerFamily]

Documents reveal shock Djokovic Covid claim

Court documents have revealed Novak Djokovic tested positive to Covid-19 in mid-December, just over two weeks before he travelled to Australia.

www.news.com.au

 

[antycbr]

Question is, how can a Tennis Australia employed physician observe/confirm an individual is free of covid symptoms from thousands of miles away?

And a positive test on December 15 is most curious. That would be, what, 17 days before his intended travel to Australia? How convenient.

This all still stinks.

Careful about the test. If you go down that path that’s arguing that the Serbian Government is lying. That’s a significant escalation diplomatically.

 

[HappyFlyerFamily]

I don't see a mention of the travel exemption requirements as per the Border Force website

Department of Home Affairs Website

Home Affairs brings together Australia's federal law enforcement, national and transport security, criminal justice, emergency management, multicultural affairs, settlement services and immigration and border-related functions, working together to keep Australia safe.

covid19.homeaffairs.gov.au

Fully vaccinated Australian citizens, permanent residents and from 15 December 2021, eligible visa holders can travel to and from Australia without needing to apply for a travel exemption.

You may also be able to travel to Australia without seeking a travel exemption if you are fully vaccinated and you are automatically exempt from Australia’s travel restrictions, or if you are travelling to Australia under a safe travel zone arrangement.

All other people seeking to travel to Australia must apply for a travel exemption.

If you are coming to or from Australia you can check what you need to do before you travel by following the below guides:

• Preparing to leave Australia
• Preparing to travel to Australia from overseas.

[At the bottom of the page it confirms it applies to a range of visa including a 408 visa]

Department of Home Affairs Website

Home Affairs brings together Australia's federal law enforcement, national and transport security, criminal justice, emergency management, multicultural affairs, settlement services and immigration and border-related functions, working together to keep Australia safe.

covid19.homeaffairs.gov.au

Important information for travel to Australia

Fully vaccinated Australian citizens, permanent residents and eligible visa holders can travel to and from Australia without needing to apply for a travel exemption.

Immediate family members of Australian citizens, permanent residents or New Zealand citizens usually resident in Australia who do not hold an eligible visa must provide proof of relationship before travel by submitting an exemption request through the Travel Exemption Portal.

All other temporary visa holders seeking to travel to Australia must apply for a travel exemption.

[Individual exemptions section then seems to be applicable.]

 

[MARTINE]

On his 24" TV

With a bent coat hanger aerial