1 Abuse of powerThe minister used powers which were discretionary were based on a false theory that he was a health risk and risk to public order.
a. This is an abuse of power because you can be positive and socialize if you have no symptoms.
b. The health risk is a discretionary and reactionary power used to counter the governments earlier defeat.
c. Djokovic has not been part of an anti vaccination movement.
d. There has not been anti vaccination movement that has used him as a support base.
e Conduct refereed to by the government occurred outside of Australia jurisdiction.
2. Unconstitutional and breach of separation of powers. The powers used by the minister to determine that someone is a risk are discretionary and an appeal to the courts relies on a court discretion. The level of discretion within these powers requires the court to decide on a case by case basis without any boundaries. This really is a tailor made law on a discretionary basis.
The lack of boundaries within the legislation coupled with discretionary powers of the minister and the court is tantamount to de facto law making or taking over the role of legislature. This is therefore a breach of the constitution and renders some of the legislation invalid.
3 Freedom of speechInternational Covenant on Civil and Political Rights Article 19
He has exercised his freedom of speech outside of Australia so out of our jurisdiction.
https://en.wikipedia.org/wiki/List_of_people_banned_from_entering_Australia Freedom of speech comes with not liking what you hear. This is called democracy.
