Boy does Eddie Jones have a job on his hands. Brought in as the new head coach of the Wallabies following a disappointing run under Dave Rennie, such a late change of coach left the former England boss with just a handful of matches ahead of the World Cup (the Rugby Championship is cut from 6 to  rounds in World Cup years), all within 100 days of the tournament’s kick-off. Considering how hard Steve Borthwick and Warren Gatland are probably finding things having had the benefit to test their squads in the Six Nations, you can’t help wonder just what Jones’ first playing squad will look like and how it will perform. And that’s also not going to be helped by Giteau’s Law.

So what is Giteau’s Law? Well it all comes from the build-up to the 2015 World Cup, where Michael Cheika took over late in the day and felt he needed players who weren’t available to him. At that time, Australia’s policy was to only select players who were playing rugby in Australia—a policy still held by teams like England, New Zealand and Ireland—but with a number of big names playing abroad, Cheika was able to push through an exception to this that allowed players with enough caps and/or Super Rugby experience to be eligible despite playing overseas. The notable beneficiaries back then were Drew Mitchell and Matt Giteau, who helped push Australia all the way to the final.

The exact specifications of Giteau’s Law have changed a couple of times since then, but they currently stand today, a player outside of Australia can be selected if they have:

  • Minimum 30 Test caps for Australia                     and/or
  • Minimum 5 years of Super Rugby experience

Currently, a maximum of 3 foreign-based players may be selected.

Now Eddie Jones has suggested that Rugby Australia are open to relaxing the policy, but the word is that he has not actually discussed this with them, and with Australia’s first match just a month away, they’re running out of time.

So assuming that the situation remains as it is, who should Jones be selecting using this exemption? Well there are at least 30 players who are eligible to be selected in this manner (recently more, but Lukhan Salakaia-Loto is one of a couple of Australian players who have recently left their clubs to return to Australia), so let’s look where Jones may use his 3 selections.


Prop

He may be playing Super Rugby, but by playing for Aukland-based Moana Pasifika, this is how Sekope Kepu would have to make the squad. With 110 caps, you can understand the attraction, but is it a position of need? With Taniela Tupou still a doubt through injury, Allan Ala’alatoa will be the likely starter and Pone Fa’aumasili the next up. The latter feels like the kind of player Jones will enjoy as a hard-carrier, so even if Tupou misses out, it feels like Kepu would just be to add cover, which feels like a waste of such a vital exception.

Lock

His workrate has not always been the most consistent through his career, but when he’s playing like he currently is for La Rochelle, Will Skelton is arguably one of the best locks in the world. Staying in the Top 14 and uncapped Tom Staniforth has impressed for Castres, while Rory Arnold and Kane Douglas also provide more caps individually than all of the lock picked for Jones’ last training squad combined. I’m ruling out Rob Simmons as he previously chose to prioritise London Irish over the Wallabies when they were suffering a shortage of locks, so I can imagine him making the same decision having just moved to Clermont Auvergne. As mentioned, Jones’ previous training squad using domestic-based players was lacking experience at lock, but Matt Philip’s return will surely see him in the running, while Lukhan Salakai-Loto has recently returned down under and has the versatility to also cover 6. Ned Hanigan could also come into the picture after an impressive performance in the Super Rugby quarterfinal against the Blues as he could also provide cover at 6. Right now, the wildcard here is Adam Coleman, who suddenly finds himself without a club following the collapse of London Irish would currently have to be one of the 3 exceptions, but would immediately qualify for the Wallabies if he signed for one of the Super Rugby franchises. *EDIT 14/6/23: Coleman has in fact been called up to the Tonga squad, so will not be returning to the Wallabies.* Personally, I think that Skelton should be given serious consideration, such is the physicality he would bring to the pack, however beyond him, I would trust to the players currently available automatically.

Fly half

If Eddie Jones does not use one of his 3 exceptions here, I will be stunned! It could be argued that Noah Lolesio was made the starting 10 for Australia too soon and fed to the sharks as a result, which combined with the unbelievable inconsistency of selection at the end of the Dave Rennie era has surely hurt his development, but he remains the most experienced of the likely contenders based in Australia, while Carter Gordon remains the dark horse option. Ben Donaldson was called up to the most recent training squad, but that feels more a product of limited options than anything else. James O’Connor has not long returned from injury but could make a late push for the squad, while Reece Hodge will likely go as a utility back and can cover the position. But do those sound like the options of a team hoping to make at least the semis. Meanwhile, there are 2 highly experienced flyhalves currently playing in Japan who could benefit from Giteau’s Law. Bernard Foley‘s Wallabies career seems to be a roller coaster of high highs and low lows, but with the most recent being that controversial time-wasting call that cost Australia victory over the All Blacks, I think his Test career has likely come to an end. However Quade Cooper is a different matter, with his most recent appearances arguably marking Australia’s peak in recent years. Cooper is a mercurial talent who has matured tremendously as his career has gone on, and it feels like the stage is set for him to lead the Wallabies at this time.

Centre

Though Matt To’omua is the most experienced foreign-based player available here, I think that if anyone from outside the country is selected here, it will be be Samu Kerevi. One of the best 12s in the game currently, his return to the Wallabies squad saw such an uptick in their performances. But what are the other options if Jones looks to stay in Australia here. Well the aforementioned James O’Connor or Reece Hodge could provide a second playmaker option, while Hunter Paisami provides more of the solid defence and physical carrying. Len Ikitau looked to secure the 13 jersey towards the end of the Rennie era, Izaia Perese and Jordan Petaia always look dangerous with ball in hand and Lalakai Foketi must not be discounted. Could an abundance of options and the 3-man limit see Kerevi miss out?

Back 3

Finally in the back 3, I would say that there are 2 foreign-based players who could be considered by Jones. Tom Banks appeared to fall out of form before his move to Japan, but Marika Koroibete has consistently been one of the better players in the squad. Is there room for either of them? Well Hodge, Petaia, Tom Wright and Andrew Kellaway all seem to be in the running to go to France and can all cover both wing and fullback. Mark Nawaqanitawase will surely be fighting for one of the wing spots, while Harry Potter’s abrupt return to Australia signals that he is highly likely to make the squad. Will that be enough to keep Koroibete out?


rugby crest australia wallabiesThe Verdict

For me right now, Skelton and Cooper have to take 2 of the spots as they both provide something that is desperately missing from the domestic-based options. As for the third spot, I think that this will be a fight between Kerevi and Koroibete. But for me, the rise of players like Paisani and Ikitau leaves Koroibete as the more irreplaceable of the pair and taking the final spot.

However, I would argue that the eligibility laws are holding the Wallabies back. The career of a professional rugby player is short and dangerous, so it’s hard to begrudge a player going abroad for a better salary, while players like Skelton have arguably become much better from their time abroad. We want the best players in the world playing at on the world’s biggest stage, so to see someone miss out because they chose to play abroad is a massive shame. To me, I would either like to see Australia’s eligibility laws removed altogether or see the following changes made to Giteau’s Law:

  • Remove the limit of eligible foreign-based players that can be selected
  • Add a new exception similar to Wales’ current criteria, which allows uncapped players to be selected even if they are playing abroad, and to then remain eligible until their contract ends—meaning that if they have not accrued enough caps by the end of their contract they were on (any activation of agreed extensions would be acceptable) then they would need to return to Australia to remain eligible)

What do you think?


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