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]

Of course. Same as the SA premier can say that he isn't asking the impossible of Victoria, it's actually the police.

But, if there's any good news, you can be assured that it will be claimed by the politicians.

Yes, the good news will be announced by AP tomorrow and when is qld election day again? oh yes the day after tomorrow.

 

[jakeseven7]

WA are now hiding their CHO’s advice after the backflip a few weeks ago and revelations their CHO had previously advised WA should be open to SA, NT, TAS, ACT and QLD.... but that advice was ignored.... hmmmm

———
WA Government to consider new health advice as immense pressure mounts on border announcement


The WA Government will tomorrow meet to consider new health advice from the state's Chief Health Officer as pressure mounts for it to announce when the state's hard border will be lifted.

New cases have plummeted to zero in Victoria and NSW continues to maintain very low case numbers, leading to pointed questions about the appropriateness of WA’s hard border policy.

The State Government confirmed it had received updated advice on Thursday which would be tabled at the State Disaster Council meeting on Friday.

But a Government spokesman did not say when the advice would be made public.

"This advice is Cabinet-in-confidence, and the decision to publicly release it must be made by the WA Government," the spokesman said.

Last week Prime Minister Scott Morrison announced that all states and territories, excluding Western Australia, had resolved to remove all domestic borders by Christmas.

The McGowan Government's latest position is there has to be 28 consecutive days of no community spread of the virus anywhere in the nation before the border can be opened, saying opening to some states and not others would be unconstitutional.

However in his most recent advice dated October 14, Dr Robertson said the trend in case numbers in Victoria should be reviewed in 4 weeks, "and if cases have fallen to less than 5 cases per day over a five-day average, the exemptions currently in place for other jurisdictions should be considered". Victoria has now achieved these targets.

On Wednesday advocacy organisation Human Rights Watch (HRW) joined growing calls for Western Australia's hard border to be softened, suggesting the current system prioritised people returning for work over those with mental health concerns.

Police Commissioner Chris Dawson told Radio 6PR the police received about 3,000 applications per day to enter the state.

He also said there had been more than 1,500 formal complaints made by people trying to enter the state.

Government gets new health advice as debate looms on WA border policy

The WA Government prepares to consider new health advice from the state's Chief Health Officer as pressure mounts for it to announce when the state's hard border will be lifted.

mobile.abc.net.au

 

[TheRealTMA]

How are the people not treated equally?
Same hotels,same price no matter what State you come from.
So why should the NSW Government continually pay extra for other States residents.Those other States also have the right to charge NSW for NSW residents they quarantine that have arrived from overseas.

No they don’t. Australians are Australians. It’s like saying when you go to Tasmania, you should be surcharged because you are from interstate.

 

[drron]

The person is not being surcharged.They are treated by the NSW Government exactly the same as a NSW resident.
Queensland is charging those from interstate a surcharge.If you get a compassionate exemption to visit Queensland from NSW or Victoria you are charged for compulsory hotel quarantiune unless you are rich,a celebrity or footballer.
Channel your anger on those Premiers who are not treating all australians equally.

 

[Brissy1]

No they don’t. Australians are Australians. It’s like saying when you go to Tasmania, you should be surcharged because you are from interstate.

Actually that is what happens in Tasmania, ambulance transport in Tasmania is free for Tasmanians but those visiting from from other states are billed.

 

[drron]

Actually that is what happens in Tasmania, ambulance transport in Tasmania is free for Tasmanians but those visiting from from other states are billed.

Though QLD residents bill is paid by QLD ambulance services.

Interstate Ambulance Treatment and Transport Information for Queensland Residents

The Queensland Ambulance Service (QAS) provides emergency medical assistance, treatment and transport through a network of 260 ambulance stations across the state.

www.qld.gov.au

But QLD will charge you if from interstate.Tasmania has the same system as QLD so Tasmanians will be reimbursed for QLD ambulance costs.

Queensland Ambulance Treatment and Transport

The Queensland Ambulance Service (QAS) provides emergency medical assistance, treatment and transport through a network of ambulance stations across the state.

www.qld.gov.au

Every state charges those from Interstate Ambulance fees.

 

[jakeseven7]

What a coincidence.....

——

Queensland border decision expected today, just hours before the state election


On the eve of the Queensland election, Premier Annastacia Palaszczuk will today announce whether borders with New South Wales will be reopened.

The decision is expected sometime this morning, one day before voters go to the polls tomorrow.

The state's hardline border stance has been an issue of contention for months, with business and tourism operators begging the premier to allow people from NSW in, particularly as the summer peak season approaches.

Ms Palaszczuk has previously said she plans to reopen the state to NSW on Sunday November 1, provided there were no mystery cases over a 28 day period, which has been labelled by most as impossible to achieve, even with a vaccine.

Queensland border decision expected today, just hours before the state election

www.google.com.au

 

[jakeseven7]

And on the other side of the country popularity of the hard border is sinking fast and is becoming a very big issue, March is a long 5 months away...

——

Changes to Western Australia's hard border could come as early as today


Western Australia could finally begin on a cautious path towards reopening its hard border — but it remains to be seen what changes might be made.

The State Disaster Council's meeting today could see the notional wall cutting WA off from the rest of the country removed.

Police Commissioner Chris Dawson yesterday admitted the situation in Australia was "changing rapidly for the better".

The newest COVID-19 advice from Chief Health Officer Dr Andrew Robertson will be discussed by the council today — but controversially stays secret until the government works out what to do with it.

Still, the pressure to open up to the rest of Australia is increasing, as more Western Australians trapped on the wrong side of the border reveal their pain.

Coronavirus border restrictions: Update on Western Australia's hard border could come Friday

 

[Pushka]

So why should the NSW Government continually pay extra for other States residents.Those other States also have the right to charge NSW for NSW residents they quarantine that have arrived from overseas.

Because it is random as to which state you land in. Aren't the people themselves and the Feds picking up the bill now anyway? At least enough to offset a lot of the costs.

 

[Steady]

Friends and family that we are in touch with in WA all seem quite supportive of the closed border policy. Thinking back to when we lived there, the other side of the Nullarbor was another world. Unless you want to ski, there's not much that you can't find within WA.
I suspect some people are hurting a lot, but they are not the majority.

+80% of WA residents are now asking for border restrictions to be relaxed and the hard border requirements to be removed in favour of smart borders open to most states with track and trace in place.
*Source: Fairfax poll / n=7000

This support has clearly increased significantly over the last two weeks and is to be expected as the cases in other states dribble down to single digits everywhere and as other states like Tasmania open up.

And yes you are right some people are hurting alot in WA but they are being drowned out still by people not wanting any restrictions and still be able stand up and drink in a pub and such....

This article also refers to another WA poll supporting border relaxation.

It comes days after a new poll showed most West Australians wanted Premier Mark McGowan to set a date for reopening state borders.
The poll, commissioned by Tourism Council WA, showed similarly strong support for opening to states with low or zero transmission of COVID-19.

 

[get me outta here]

Who’s picking up the bill for the NT quarantines?

 

[antycbr]

Because it is random as to which state you land in. Aren't the people themselves and the Feds picking up the bill now anyway? At least enough to offset a lot of the costs.

Not all of the costs, the cost of NSW Police standing around outside the hotels is being paid by the NSW taxpayer.

 

[Pushka]

Not all of the costs, the cost of NSW Police standing around outside the hotels is being paid by the NSW taxpayer.

Sure. Thats why I said "offset a lot of the costs" not all.

 

[antycbr]

Sure. Thats why I said "offset a lot of the costs" not all.

Well my prediction is that NSW won't be increasing the number of people we take until this issue is resolved.

 

[oznflfan]

This article also refers to another WA poll supporting border relaxation.

It comes days after a new poll showed most West Australians wanted Premier Mark McGowan to set a date for reopening state borders.
The poll, commissioned by Tourism Council WA, showed similarly strong support for opening to states with low or zero transmission of COVID-19.

WA won't change borders restriction much, still be post April 2021 that you will be able to return or visit. You are right in that WA people don't care much for what's beyond their eastern border.

 

[antycbr]

WA won't change borders restriction much, still be post April 2021 that you will be able to return or visit. You are right in that WA people don't care much for what's beyond their eastern border.

They will care when there is no Jobseeker Supplement and Jobkeeper, both of which will be well and truly tapered out.

WA residents are also in effect prohibited from travelling domestically, and *that* will start to hurt soon.

 

[Brissy1]

Every state charges those from Interstate...

Exactly

 

[jakeseven7]

Fears rise that QLD Chief Health Officer will attempt to maintain controversial and 'impossible targets' despite minimal cases


Prime Minister Scott Morrison has told the Queensland Premier she needs to play her part in getting the country moving again when she makes her border announcement on Friday morning.

Just one day out from the Queensland election, Premier Annastacia Palaszczuk will reveal if the state’s harder border with New South Wales will be reopened from November 1.

Ms Palaszczuk has previously indicated she hoped the border closure could be eased from the start of November but has said the decision would be pushed back if health advice showed it wasn’t safe to go ahead.

However, the Courier Mail is reporting it’s most likely Dr Young will not open the border, instead expanding the border bubble zone in what would be a massive blow to the Queensland tourism industry and has sparked criticism from the Prime Minister.

“(My message to Annastacia Palaszczuk is) make decisions on the basis of health advice and be transparent about it,” Scott Morrison told 2GB radio on Friday morning.

“It’s hard often to get a clear steer on what’s behind these decisions.

“Australia is opening up again, we’ve committed to having Australia fully open by Christmas and we need to move towards that.

“We can’t stay stuck in neutral. We’ve got to get going again.”

Full list of Sydney suburbs locked out of Qld

Hundreds of thousands of New South Wales residents will be allowed to enter Queensland from Tuesday, however the state will remain shut to the 32 LGAs of Greater Sydney, Premier Annastacia Palaszczuk announced on Friday.

www.news.com.au

 

[HappyFlyerFamily]

Clearly the PM is speaking gibberish....Qld CHO has been clear, maybe adding further criteria once in a while but clear on the health advice.

Waiting for 28 days with no mystery cases (which is technically called community transmission, but most use the term wrongly to mean locally acquired). Mystery cases can be undone if a direct link to existing cluster/case is found within 48 hours.

The only thing left is for the health advice to backflip because ‘we live in a fluid environment’

 

[oz_mark]

Or, you could think it's an exercise in preparation for court week.

And on the other side of the country popularity of the hard border is sinking fast and is becoming a very big issue, March is a long 5 months away...

——

Changes to Western Australia's hard border could come as early as today


Western Australia could finally begin on a cautious path towards reopening its hard border — but it remains to be seen what changes might be made.

The State Disaster Council's meeting today could see the notional wall cutting WA off from the rest of the country removed.

Police Commissioner Chris Dawson yesterday admitted the situation in Australia was "changing rapidly for the better".

The newest COVID-19 advice from Chief Health Officer Dr Andrew Robertson will be discussed by the council today — but controversially stays secret until the government works out what to do with it.

Still, the pressure to open up to the rest of Australia is increasing, as more Western Australians trapped on the wrong side of the border reveal their pain.

Coronavirus border restrictions: Update on Western Australia's hard border could come Friday