Giteau Law ‘redundant’ as Wallabies look to build on Lions success

Rugby Australia director of high performance Peter Horne says the controversial Giteau Law is “kind of redundant,” leaving Wallabies coach Joe Schmidt free to pick his strongest squad for The Rugby Championship.

Schmidt is expected to name his squad on Thursday before the Wallabies fly to South Africa on Saturday to take on the Springboks in Johannesburg and Cape Town on August 16 and 23.

Schmidt has consistently favoured players who ply their trade in Australia, unless an overseas-based player is considered demonstrably stronger than the domestic alternative.

The so-called “Giteau Law” was last tweaked in 2022. Players need to have 30 Test caps or five years’ service to Australian rugby to be eligible to be picked while playing overseas, with a limit of three picks a series.

Former Wallabies winger Drew Mitchell was a beneficiary of the first iteration of the law in 2015 when he was selected for Australia in the World Cup while playing for Toulon in France.

Horne said hypothetically that there was now nothing to stop Schmidt picking an overseas international rookie, such as Northampton star Josh Kemeny, who has played just two Tests for the Wallabies, giving the New Zealander further flexibility in his selections.

“I think we’ve been pretty open. Joe [Schmidt] has got no impediment to select whoever he wants; that’s always been the case,” Horne said.

“The Giteau Law, it’s kind of redundant, right? Though the reality is, if he wants to pick, I don’t know, Josh Kemeny from Northampton, that’s his call.

“But we’ve also made a choice that we select domestically, because if the player is equal or of that calibre, it’s important that we invest in our premier competition in Australia ... there’s no impediment for Joe to select abroad, it hasn’t been from the start.”

Schmidt only selected one overseas-based player, La Rochelle second-rower Will Skelton, to face the British and Irish Lions.

Veteran five-eighth James O’Connor was selected for the squad and played for the Crusaders in New Zealand, but qualified as a local player given he had played in the Super Rugby competition.

Schmidt also picked Tom Hooper, Taniela Tupou, Langi Gleeson, Len Ikitau and Angus Bell to play against the Lions, all of whom will play their rugby overseas next season.

Tupou and Skelton had strong performances in the Wallabies’ third Test victory in Sydney and Horne said both men will remain connected to the squad when possible, using regulation nine from World Rugby if necessary to trigger the release of players from their clubs for international duty.

“We’ll continue to work with those players, wherever they’re playing,” Horne said. “If they’re identified or Joe identifies their need or requirements, then we’ll either activate reg nine or whatever it may be.

“But at the moment, they bring a point of difference and we’ll continue to work with them, and we’re really happy with their involvement, you know, coming back into the squad ...

“He’s [Skelton] a great player, a great person, and he really brings the boys together; he takes time, gets to know them, I can’t talk more highly [of him].”

Skelton will be medically screened on Wednesday alongside his teammates to see if he is fit to take part in The Rugby Championship.

RA chief executive Phil Waugh also said his organisation will continue to monitor breakaway rugby competition Rugby360 and whether Australian players who potentially participate would be eligible to play for the Wallabies.

“I think it’s about having quite an open mind around player eligibility, but [also] ensuring that you’re getting the best out of players when they’re playing in the gold jersey,” Waugh said.

“It still goes back to our preferences to have players onshore, and I guess, cross that bridge if R360 becomes real around eligibility, the calendar, and then ultimately player welfare and how they perform when they put the gold jersey on.”