State border closures illegal under the highest law in the country?

[bigbadbyrnes]

Everything is arguable in law, doubly so in constitutional law. This is a matter for the high court.

But here's my opening argument;

Section 92 of the highest law in the country sets out "On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free. "

Per Cole vs Whitfield 1988 "The notions of absolutely free trade and commerce and absolutely free intercourse are quite distinct". Sec92 clearly sets out the law for interstate trade, but also 'intercourse'.

And on the matter of what intercourse means, per Gratwick v Johnson 1945 it's the ability "to pass to and fro among the States without burden, hindrance or restriction".

Border closures, (and arguably although less certainly isolation requirements), are therefore inconsistent with the highest law in the country and should be set aside.

No one is talking about it, any legal eagles here explain? There's no room on the news for this at the moment, but if people start to fed up with the restrictions, it's worth getting them tested in the high court.

edit:

I think this analysis will answer all your questions: States are shutting their borders to stop coronavirus. Is that actually allowed?

Short version: if there are good public health grounds (for example states of emergency), those laws are likely to be held valid.

Could be worth testing if an individual could be proven to be not a thread to public health, but that would be the exception. Thanks MEL_Traveller for sharing the article.

/thread

 

[Brissy1]

That’s great for SA too

Once QLD sorts itself out, Ill be one of the first people flying down to Melbourne There will be a tonne of family travel at the very least.

From a work perspective Melbourne is our second biggest market and our distribution hub like many Australian companies and we will have work travel down there as soon as it’s allowed.

I am getting a little worried that we are going to miss out on a lot of school holiday / summer / Christmas bookings because we are so far behind the other states though....

Yes Qld lives off tourism, coal, and gov debt...only one of those is sustainable and has been shut down.

 

[jase05]

That’s great for SA too

Once QLD sorts itself out, Ill be one of the first people flying down to Melbourne There will be a tonne of family travel at the very least.

From a work perspective Melbourne is our second biggest market and our distribution hub like many Australian companies and we will have work travel down there as soon as it’s allowed.

I am getting a little worried that we are going to miss out on a lot of school holiday / summer / Christmas bookings because we are so far behind the other states though....

Yes, definitely work wise Melbourne is huge for us too and is one of our main hubs so I will have plenty of work trips there but in a tourism sense I think I might give it a miss for a while. We normally attend a dozen or more football games a year over there but with masks becoming the norm in Melbourne for some time I’d rather holiday elsewhere and would probably look at getting to more rugby in Sydney next year

 

[jakeseven7]

Yes, definitely work wise Melbourne is huge for us too and is one of our main hubs so I will have plenty of work trips there but in a tourism sense I think I might give it a miss for a while. We normally attend a dozen or more football games a year over there but with masks becoming the norm in Melbourne for some time I’d rather holiday elsewhere and would probably look at getting to more rugby in Sydney next year

I’m selfishly still hoping there will be some form of public attendance allowed at the Aus Open.... I know a lot of other people are waiting to see as well.... not too hopeful but fingers crossed!

 

[antycbr]

ABC Insiders this morning talking about the risk of McGowan overcooking the state border issue if he stays closed through Christmas with no plan to open. As predicted our dear, benevolent Premiers are now becoming resented by a large number of people as the clock runs down to Christmas and people can't plan.

 

[antycbr]

I’m selfishly still hoping there will be some form of public attendance allowed at the Aus Open.... I know a lot of other people are waiting to see as well.... not too hopeful but fingers crossed!

Based on the Cox Plate I'd suggest you become a sponsor or a "connection" of Ash Barty!

Post automatically merged: Oct 25, 2020

I am getting a little worried that we are going to miss out on a lot of school holiday / summer / Christmas bookings because we are so far behind the other states though....

The Northern Rivers of NSW is pretty much booked out for this exact reason as Queenslanders and NSW residents can all go there (remember the virus respects the bubble rules).

 

[MEL_Traveller]

ABC Insiders this morning talking about the risk of McGowan overcooking the state border issue if he stays closed through Christmas with no plan to open. As predicted our dear, benevolent Premiers are now becoming resented by a large number of people as the clock runs down to Christmas and people can't plan.

Somewhat in contrast to the channel 9 internvie with the WA premier and vox pop out in the streets and hotel bars... full support for a life with virtually no restrictions... businesses all open, 'vertical drinking', socialising, and a budget that is in surplus. No evidence of 'large numbers of detractors'.

If border closures are unconstitutional... no one seems to be doing much about it in terms of outcomes

 

[jase05]

I’m selfishly still hoping there will be some form of public attendance allowed at the Aus Open.... I know a lot of other people are waiting to see as well.... not too hopeful but fingers crossed!

The Boxing Day test looks like going ahead with around 40k crowd limit so surely the Aus Open goes ahead?
The logistics of the Aus open are a tad harder admittedly to get all the players in/out of the country

 

[HappyFlyerFamily]

The Boxing Day test looks like going ahead with around 40k crowd limit so surely the Aus Open goes ahead?
The logistics of the Aus open are a tad harder admittedly to get all the players in/out of the country

As best as I can recall, the US Open (tennis) had no new cases and the French Open had one possibly, but also a player played with symptoms. So it might not seem so hard to have a bubble arrangement. They arrive and practice for two weeks quarantine. Covid safe arrangements might be harder for the smaller lead-in tournaments beforehand.

 

[jakeseven7]

ABC Insiders this morning talking about the risk of McGowan overcooking the state border issue if he stays closed through Christmas with no plan to open. As predicted our dear, benevolent Premiers are now becoming resented by a large number of people as the clock runs down to Christmas and people can't plan.

Support within WA continues to fall as they see the mobility and freedom that the eastern states are starting to have and while the cases are so low and continually dropping.

Will keep dropping as the questioning is now started to turn around back onto why haven’t they taken this time to prepare for a reopening, why is their health system so incapable to operate like other less resourced states in moving to a model where outbreaks are leapt on, tracked, tested and isolated.

Christmas is a fast approaching lightning rod as families are locked in and out from seeing each other

 

[oz_mark]

ABC Insiders this morning talking about the risk of McGowan overcooking the state border issue if he stays closed through Christmas with no plan to open. As predicted our dear, benevolent Premiers are now becoming resented by a large number of people as the clock runs down to Christmas and people can't plan.

Somewhat in contrast to the channel 9 internvie with the WA premier and vox pop out in the streets and hotel bars... full support for a life with virtually no restrictions... businesses all open, 'vertical drinking', socialising, and a budget that is in surplus. No evidence of 'large numbers of detractors'.

If border closures are unconstitutional... no one seems to be doing much about it in terms of outcomes

I certainly feel McGowan has overcooked it - he seems to have got himself into a fear frenzy,

The issue of keeping families split is growing - I think the CHO has even indicated that easing up on family reunion rules could be valid - in the meantime we await Clives case.

I am not sure how the court case will go, although there is a chance if they overcook the borders, the court will really crimp the states abilities.

 

[jakeseven7]

More good news on domestic borders as NT opens borders to more of regional VIC and commits to opening to Greater Melbourne before Xmas.

So we now have NT, NSW and TAS on the front foot to open first to Greater Melbourne.

Good tactic from the NT to try and snare more of the tourist and travel $.

——-

NT Chief Minister expands border openings and commits to open up to Melburnites by Christmas

Chief Minister Michael Gunner announced that Greater Geelong, Macedon Ranges and East Gippsland would be included in the parts of regional Victoria no longer considered a hotspot from November 2.

This would mean that from November 2, the Northern Territory's travel hotspots will be confined to just Melbourne and the Mitchell Shire.

While the Chief Minister says it's too early to say when restrictions to those two regions would be lifted, he expected it would be well before Christmas.

PM expresses 'profound disappointment' as Melbourne stays on pause

Daniel Andrews's decision to delay plans to ease restrictions in Melbourne suggests authorities don't have confidence in Victoria's health system, Scott Morrison says.

www.abc.net.au

 

[antycbr]

Somewhat in contrast to the channel 9 internvie with the WA premier and vox pop out in the streets and hotel bars... full support for a life with virtually no restrictions... businesses all open, 'vertical drinking', socialising, and a budget that is in surplus. No evidence of 'large numbers of detractors'.

If border closures are unconstitutional... no one seems to be doing much about it in terms of outcomes

More good news on domestic borders as NT opens borders to more of regional VIC and commits to opening to Greater Melbourne before Xmas.

So we now have NT, NSW and TAS on the front foot to open first to Greater Melbourne.

Good tactic from the NT to try and snare more of the tourist and travel $.

——-

NT Chief Minister expands border openings and commits to open up to Melburnites by Christmas

Chief Minister Michael Gunner announced that Greater Geelong, Macedon Ranges and East Gippsland would be included in the parts of regional Victoria no longer considered a hotspot from November 2.

This would mean that from November 2, the Northern Territory's travel hotspots will be confined to just Melbourne and the Mitchell Shire.

While the Chief Minister says it's too early to say when restrictions to those two regions would be lifted, he expected it would be well before Christmas.

PM expresses 'profound disappointment' as Melbourne stays on pause

Daniel Andrews's decision to delay plans to ease restrictions in Melbourne suggests authorities don't have confidence in Victoria's health system, Scott Morrison says.

www.abc.net.au

My prediction if Metro Melbourne (GMMA) doesn't go off the rails - that NSW/VIC/ACT/TAS/SA/NT open to each other, and the recalcitrant states of QLD and WA remaining on the outer. NSW opening to VIC will stop QLD opening to NSW...

And on 1 January, Job Keeper and Job Seeker supplements get cut. Happy New Year.

 

[HappyFlyerFamily]

More good news on domestic borders as NT opens borders to more of regional VIC and commits to opening to Greater Melbourne before Xmas.

So we now have NT, NSW and TAS on the front foot to open first to Greater Melbourne.

Good tactic from the NT to try and snare more of the tourist and travel $.

——-

NT Chief Minister expands border openings and commits to open up to Melburnites by Christmas

Chief Minister Michael Gunner announced that Greater Geelong, Macedon Ranges and East Gippsland would be included in the parts of regional Victoria no longer considered a hotspot from November 2.

This would mean that from November 2, the Northern Territory's travel hotspots will be confined to just Melbourne and the Mitchell Shire.

While the Chief Minister says it's too early to say when restrictions to those two regions would be lifted, he expected it would be well before Christmas.

PM expresses 'profound disappointment' as Melbourne stays on pause

Daniel Andrews's decision to delay plans to ease restrictions in Melbourne suggests authorities don't have confidence in Victoria's health system, Scott Morrison says.

www.abc.net.au

Bloody hot in NT during summer. They will need all the help to create an unexpected bonanza to help partially make up for winter shortfalls

 

[jakeseven7]

My prediction if Metro Melbourne (GMMA) doesn't go off the rails - that NSW/VIC/ACT/TAS/SA/NT open to each other, and the recalcitrant states of QLD and WA remaining on the outer. NSW opening to VIC will stop QLD opening to NSW...

And on 1 January, Job Keeper and Job Seeker supplements get cut. Happy New Year.

Basically agree but.... you heard it hear first ...

I sniff that the QLD CHO has been somewhat muzzled or has been forced to ‘meet’ and ‘consult’ with more people and I also sense a slight back peddling of positioning from the caretaker QLD Government as well.

I think they realise having another holiday break with basically no tourism again, while cases are microscopically low in the southern states is going to be very dangerous for them politically and obviously devastating economically... They’ve watched all the other states open to NSW with no major issues...

I smell a backflip coming post ‘Halloween’.....

 

[jakeseven7]

Bloody hot in NT during summer. They will need all the help to create an unexpected bonanza to help partially make up for winter shortfalls

Totally agree - hence them being very smart and quick off the mark trying to be amongst the first to reopen! I imagine they will be competing with Tas (Dec 1) and NSW (tbc) for the blue ribbon though.

 

[antycbr]

Basically agree but.... you heard it hear first ...

I sniff that the QLD CHO has been somewhat muzzled or has been forced to ‘meet’ and ‘consult’ with more people and I also sense a slight back peddling of positioning from the caretaker QLD Government as well.

I think they realise having another holiday break with basically no tourism again, while cases are microscopically low in the southern states is going to be very dangerous for them politically and obviously devastating economically... They’ve watched all the other states open to NSW with no major issues...

I smell a backflip coming post ‘Halloween’.....

It's not just tourism, it's families separated. At least Queenslanders can go to the Northern Rivers to meet up with people, unlike WA. The airlines will be hoping too, especially Virgin which must be looking shakier by the day but in one bright spot VA, QF and JQ are all blitzing BNK from Sydney.

 

[N860CR]

It's not just tourism, it's families separated. At least Queenslanders can go to the Northern Rivers to meet up with people, unlike WA. The airlines will be hoping too, especially Virgin which must be looking shakier by the day but in one bright spot VA, QF and JQ are all blitzing BNK from Sydney.

I was in Byron this week catching up with friends who drove down from Brisbane. Ended up driving from Sydney as virgin isn’t daily for some reason and jetstar we’re charging a fortune.

Driving into town took about 40 minutes in crawling traffic. Massive jams along the Main Street. I’ve never seen it so packed before. I shudder to think how many Queenslanders were mixing with Sydneysiders. Must have been corona going everywhere

 

[antycbr]

I was in Byron this week catching up with friends who drove down from Brisbane. Ended up driving from Sydney as virgin isn’t daily for some reason and jetstar we’re charging a fortune.

Driving into town took about 40 minutes in crawling traffic. Massive jams along the Main Street. I’ve never seen it so packed before. I shudder to think how many Queenslanders were mixing with Sydneysiders. Must have been corona going everywhere

The entire road network of Byron Bay converges on a single roundabout at the corner of Lawson and Johnson Streets which is absolutely insane and leads to complete traffic chaos. A bypass road is *finally* being constructed around the back of Byron on the opposite side of the railway line.

The virus checks for the presence of an X Pass on the owner's dashboard and respectfully keeps a distance from any occupant of said vehicles.

 

[dk4]

There will be a tonne of family travel at the very least.

There's only one way to say "I love you"...

and

 

[jakeseven7]

Tasmania confident that it’s upgraded contact tracing is ready to handle the inevitable cases that will pop up once it’s borders open tomorrow.

Clearly some other states haven’t been upgrading and getting ready....!

——

Tasmania’s upgraded contact tracing ready for opening of borders

Tasmania will on Monday reopen to much of mainland Australia, with the island state’s government insisting it is well prepared to handle any coronavirus cases.

It will open to Queensland, Western Australia, South Australia, the Northern Territory and ACT, plus New Zealand.

All arrivals at airports and sea ports will be health screened and anyone with virus symptoms will be tested and ordered into quarantine until their result is known.

“While it’s exciting to be able to see restrictions ease and life getting to a COVID-normal, we also need to remember there is always a risk of coronavirus in our community,” Health Minister Sarah Courtney said.

She said “extensive work” had been put into the state’s contact tracing systems and aged care preparedness.

Ms Courtney said social distancing and personal hygiene were critical in the weeks ahead.

In addition to Monday’s opening, Tasmania is slated to open to NSW on November 2 and VIC on December 1 with a firm call on the NSW date to be made this week.

The Spirit of Tasmania Bass Strait ferry service, which leaves from Melbourne, will resume services shortly.

Tasmania poised to open borders as Australia's COVID risk decreases

The Apple Isle will reopen to all states and territories bar NSW and Victoria on Monday.

7news.com.au