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

 

[BNEFlyer]

At least you don’t live here...(I’m assuming)... it’s crazy and depressing we can’t get a straight answer out of these people, we the taxpayers pay for.

Now there are basically no health experts that endorse any of QLD and WA’s ongoing border closures with the current rates of active cases in NSW anymore and shortly VIC we all hope.

In QLD, we also can’t see any of the rationale for the border decisions here (classified) or even an answer to why they can only look at it in the now infamous monthly meetings (reason for monthly only is also classified).... though lots of people are asking for that silly monthly rule to be squashed

I live here (in Brisbane) and disagree with your statements. There would certainly be a lot of people who agree with them, but there's quite a few who wouldn't and are satisfied with the way the CHO and Government are handling the situation here.

 

[james4321]

I live here (in Brisbane) and disagree with your statements. There would certainly be a lot of people who agree with them, but there's quite a few who wouldn't and are satisfied with the way the CHO and Government are handling the situation here.

Yes. Unfortunately there are plenty of these things around - those who loudly repeat the same stuff over and over until convinced that its true

 

[jakeseven7]

Looks like we might get an announcement today on NSW / VIC, appears to be some leaks / rumours happening...

Guess we both lost if this turns out to be true @dajop

-----

NSW could reopen border to Victoria on Nov 23


Border restrictions between NSW and Victoria could be lifted within three weeks.

November 23 has been earmarked as the potential date restrictions along the border could be removed. The government is expected to make a decision today

The Premier and the NSW Chief Health Officer Dr Kerry Chant will give an update on COVID-19 and the border restrictions at 11am.

NSW to reopen border to Victoria on November 23

Premier Gladys Berejiklian has confirmed border restrictions between NSW and Victoria will be lifted this month as NSW records nine new cases.

www.smh.com.au

 

[jakeseven7]

NSW in pole position now, a response from QLD on VIC border reopening is being sought (per the presser)

---------

BREAKING: NSW OPENS LAST BORDER


NSW Premier Gladys Berejiklian has confirmed the date the state will reopen the border with Victoria, it's last border restriction

Speaking at Wednesday's press conference, Ms Berejiklian announced the hard border would be scrapped on November 23 at 12.01am.

Ms Berejiklian said she was announcing the change now to "give people notice" and time to make travel plans.

November 23 is two weeks after Victoria is meant to ease even more restrictions, allowing Melbourne residents to travel into regional parts of the state.

Coronavirus Australia live: Victoria, NSW, QLD COVID-19 updates

The NSW government has decided to implement a new COVID safety rule after encountering situations where venues were flouting the current restrictions.

www.news.com.au

 

[blackcat20]

NSW in pole position now, a response from QLD on VIC border reopening is being sought (per the presser)

---------

BREAKING: NSW OPENS LAST BORDER


NSW Premier Gladys Berejiklian has confirmed the date the state will reopen the border with Victoria, it's last border restriction

Speaking at Wednesday's press conference, Ms Berejiklian announced the hard border would be scrapped on November 23 at 12.01am.

Ms Berejiklian said she was announcing the change now to "give people notice" and time to make travel plans.

November 23 is two weeks after Victoria is meant to ease even more restrictions, allowing Melbourne residents to travel into regional parts of the state.

Coronavirus Australia live: Victoria, NSW, QLD COVID-19 updates

The NSW government has decided to implement a new COVID safety rule after encountering situations where venues were flouting the current restrictions.

www.news.com.au

Gah, we might actually get to go!

 

[jakeseven7]

Gah, we might actually get to go!

New babymoon destination??

Really pleased for VIC and NSW residents

I wonder if Qantas was given a heads up to load flights in??

 

[blackcat20]

New babymoon destination??

Really pleased for VIC and NSW residents

I wonder if Qantas was given a heads up to load flights in??

We were sneaky and booked both GC and Northern NSW
Definitely hoping for more flights, theres not a lot of options so far.

 

[jakeseven7]

We were sneaky and booked both GC and Northern NSW
Definitely hoping for more flights, theres not a lot of options so far.

I think QF will be manically reacting right now, it doesn't look like they anticipated this one as SYD-MEL schedule is still the minimum service one.

Honestly if I were you I'd junk any QLD travel if I was you.... I'm desperately hoping to get down south for Dec but that hope is getting smaller day by day....

 

[aikman]

Jetstar's on the ball. More flights already on sale to SYD/NTL/BNK fron the 23rd.

 

[blackcat20]

I think QF will be manically reacting right now, it doesn't look like they anticipated this one as SYD-MEL schedule is still the minimum service one.

Honestly if I were you I'd junk any QLD travel if I was you.... I'm desperately hoping to get down south for Dec but that hope is getting smaller day by day....

Cancelled the GC booking the other day, was going to be too close to call if decisions are only made at months end. Maybe next year...

 

[dajop]

Wonder if direct flights to CFS would be on the cards too? If Victorians can’t go to Queensland, Byron Bay region isn’t the only alternative beach destination in NSW.

 

[BNEFlyer]

If QLD does decide to open the border to Victoria I hope it's done before NSW/Victoria.

 

[blackcat20]

If QLD does decide to open the border to Victoria I hope it's done before NSW/Victoria.

Doubt it given they won’t meet till end of November to discuss it....

 

[BNEFlyer]

Doubt it given they won’t meet till end of November to discuss it....

True, and I'm ok with that, but I would have loved to have seen the tantrum from Gladys if QLD went before NSW.

 

[oznflfan]

QLD Premier today: Keep out you stinking NSW & VIC COVID infected people.
QLD Premier when borders finally open: Welcome southern family, all our NSW and VIC compatriots, come and enjoy our fine QLD state, we welcome you with open arms.

 

[BNEFlyer]

QLD Premier today: Keep out you stinking NSW & VIC COVID infected people.
QLD Premier when borders finally open: Welcome southern family, all our NSW and VIC compatriots, come and enjoy our fine QLD state, we welcome you with open arms.

And?

NSW Premier November 22: Keep out you stinking VIC COVID infected people.
NSW Premier November 23: Welcome southern family, all our VIC compatriots, come and enjoy our fine NSW state, we welcome you with open arms.

 

[blackcat20]

And?

NSW Premier November 22: Keep out you stinking VIC COVID infected people.
NSW Premier November 23: Welcome southern family, all our VIC compatriots, come and enjoy our fine NSW state, we welcome you with open arms.

But at least she has been open about what is needed to open, QLD not so much.

 

[nutwood]

QLD Premier today: Keep out you stinking NSW & VIC COVID infected people.
QLD Premier when borders finally open: Welcome southern family, all our NSW and VIC compatriots, come and enjoy our fine QLD state, we welcome you with open arms.

It's a difficult question. I have similar thoughts regarding some of the small towns. I always try to fill up with fuel in the smaller towns, perhaps get something to eat. Basically because I feel it's the right thing to do.
When COVID hit, out came the signs; "keep driving, you are not welcome here". Understandable perhaps but some of them could have been worded more politely.
Does one boycott a State/town because they were excessively unwelcoming during COVID, expecially as it's unlikely that any boycott will impact those responsible? I doubt there's many tourism operators supporting border closures and politicians get paid regardless.

 

[33kft]

Does one boycott a State/town because they were excessively unwelcoming during COVID, expecially as it's unlikely that any boycott will impact those responsible? I doubt there's many tourism operators supporting border closures and politicians get paid regardless.

This is not boycotting places that said "get fuel elsewhere" in the middle of an outbreak.

This is boycotting a state that is leaving people in limbo for bookings several months in advance, changing criteria and campaigning on fear, in a situation where the opposing state has demonstrated an excellent management of the situation.

Those towns are no longer saying get your fuel elsewhere, they're saying "once you have got it under control and demonstrated that is the case, come back and spend your money here"

This would be the equivalent of regional VIC campaigning to keep metro melbourne out for a further 3 months. Notice that they aren't, the restrictions will be dropped in a week and people aren't freaking out about it.

Ask yourself why - it would have been entirely fair during the outbreak, but a demonstrated ability to manage the outbreak and to get it to a point where it is contained has reasonably been accepted. Now ask yourself why the same does not apply at a state level?

 

[jakeseven7]

And predictably we have the QLD response to the NSW / VIC opening........and the usual answer to a direct question on when QLD will decide on VIC and NSW.

Given they QLD have one more monthly meeting before Christmas, there will be ALOT of focus on this monthly meeting given they have committed several times to opening borders to free travel with both states before Christmas.....

Is there a slight softening in language? Or is it just my imagination.... Does QLD seems to be more friendly with VIC!?

--

Qld Premier refuses to meet earlier on border decisions, but commits again to pre-Christmas opening

Queensland Premier Annastacia Palaszczuk is refusing to meet earlier to discuss her decision to keep the borders closed to Sydney and Victoria.

Ms Palaszczuk said NSW's decision to open the borders to Victoria on November 23 wouldn't prompt Queensland to ease border restrictions early.

"I’ve said all along we only review those decisions at the end of the month," she said, referring to the monthly meeting with the Queensland CHO, Jeanette Young.

"What is encouraging from Victoria is the really low cases, I think they've had zero for a week, so we are going to be looking very carefully over the course of November to see how they go."

"New South Wales, specifically Sydney is still a hotspot and we still hold concerns about the virus in Sydney"

"We are committed to fully opening borders before Christmas and look forward to welcoming visitors from Sydney and Victoria again soon"

Coronavirus Australia live: Victoria, NSW, QLD COVID-19 updates

The NSW government has decided to implement a new COVID safety rule after encountering situations where venues were flouting the current restrictions.

www.news.com.au