Can athletes successfully challenge COVID-19 vaccine mandates? A case study from the Australian Open 2022

The participation of some of the world’s best tennis players at the 2022 Australian Open is uncertain.  The Federal government has mandated the COVID-19 vaccine for anyone trying to enter the country, with some limited exceptions.[1]  As of November 2021,[2] it was estimated that up to 20% of professional tennis players had yet to be vaccinated against COVID-19.  Prominent players who have expressed hesitancy in being vaccinated include Novak Djokovic, Daniil Medvedev, Alexander Zverev and Elina Svitolina.[3]  This is a potential problem for tournament organisers who will want the world’s best players to compete in Australia, but who also have an obligation to run a tournament which keeps other players, tournament personnel, and the wider community safe.[4]

This article examines whether athletes can successfully challenge a COVID-19 vaccine mandate at an international sporting event, using the 2022 Australian Open as a case study.  It first examines the current laws and regulations in Australia relating to COVID-19 vaccines which will apply to the 2022 Australian Open.  Finally, it examines the viability of prominent legal arguments against a COVID-19 vaccine mandate.  We contend that it is unlikely that any legal argument can successfully overturn a COVID-19 vaccine mandate. Specifically, it looks at:

• Laws and Policies Applicable to the 2022 Australian Open:
  • Federal
  • State
  • Sports organisations
• Challenging COVID-19 Vaccine Mandates:
  • Reasonableness of mandates
  • Constitutional arguments
  • Rights and discrimination arguments
  • Victorian Charter of Human Rights and Responsibilities