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

 

[jakeseven7]

When are you going to fix that abomination that you blokes call a road up here!
The Bruce has been a embarrassment for 40 years.

Excuse me Queensland roads are for Queenslanders if you complain we will slam the road shut on you based on “medical advice” that your complaining is from a “hotspot” and spread must be contained

 

[HappyFlyerFamily]

No reason it shouldn’t open the same day NSW does. Now that Victoria is under control, and NSW has committed to opening, the other states will probably be forced to fall into line. Their borders are basically irrelevant (unless totally closed) when the two major states reopen to each other.

Agree. and its pretty clear NSW is the backmarker now.

Just have to watch if re-imposition of borders/quarantine happens on travellers from NSW.

 

[jakeseven7]

South Australia to announce VIC border reopening date on Friday


South Australia's COVID-19 transition committee has finished meeting this morning and says a decision on when to open the state's border with Victoria without a need to quarantine should be made on Friday.

"[Victoria's] really the only jurisdiction now where we have any significant restrictions, so based on Victoria's current level of activity, which is excellent, we are hopeful we can make some decisions on Friday,"

The SA Premier said about a week ago that when the border opened with Victoria people would still need to do 14 days' self-isolation at home. Victoria has now had 11 days without a new coronavirus case.

Victoria announces free kinder amid coronavirus pandemic to get women 'back into work'

Victorian Premier Daniel Andrews says the state will spend $169 million to provide free kinder for four-year-olds and some three-year-olds to help women get back into the workforce after being hit hard by the coronavirus pandemic.

www.abc.net.au

 

[jakeseven7]

Unfortunately another bungle with the QLD border exemption process as a terminally ill woman is denied, but a football team waved through....

Hopefully very soon it is no longer needed at all...

-----

DYING WOMAN QUESTIONS QLD BORDER ‘FAIRNESS’ AS ANOTHER FOOTBALL TEAM DODGES HOTEL QUARANTINE


A terminally ill woman knocked back from a Queensland border restriction three times has taken aim at the state’s double standards as pressure mounts on health officials to open the border before Christmas.

According to The Courier Mail, Bree McQuilty, who lives in country Victoria, has applied three times to quarantine at her family’s home in Brisbane, providing doctors letters explaining how her weakened immune system would be at a greater risk in a hotel.

Her appeal has been refused.

Meanwhile, a host of Melbourne Storm players and officials were granted an exemption from hotel quarantine after their win in the Sydney NRL grand final, instead staying in a beachfront apartment in what has been slammed as double standards.

No Cookies | The Courier Mail

No Cookies

www.couriermail.com.au

 

[drron]

Unfortunately another bungle with the QLD border exemption process as a terminally ill woman is denied, but a football team waved through....

Hopefully very soon it is no longer needed at all...

-----

DYING WOMAN QUESTIONS QLD BORDER ‘FAIRNESS’ AS ANOTHER FOOTBALL TEAM DODGES HOTEL QUARANTINE


A terminally ill woman knocked back from a Queensland border restriction three times has taken aim at the state’s double standards as pressure mounts on health officials to open the border before Christmas.

According to The Courier Mail, Bree McQuilty, who lives in country Victoria, has applied three times to quarantine at her family’s home in Brisbane, providing doctors letters explaining how her weakened immune system would be at a greater risk in a hotel.

Her appeal has been refused.

Meanwhile, a host of Melbourne Storm players and officials were granted an exemption from hotel quarantine after their win in the Sydney NRL grand final, instead staying in a beachfront apartment in what has been slammed as double standards.

No Cookies | The Courier Mail

No Cookies

www.couriermail.com.au

Yet if that poor woman's family was in Tasmania she would have been granted Compassionate exemption the first time and allowed to isolate at her famil's home.

The rules in Queensland are ridiculous.

 

[Pushka]

That's what we are doing - we will all have an old fashioned Christmas holiday in Evans Head - family members coming from Melbourne, COVID hotspot of ACT, and Gold Coast. Just wish there was a way to get my overseas based son and his lovely British girlfriend there too.

We are now thinking Christmas 2021 for our next Christmas family gathering in the UK.

 

[OATEK]

We are now thinking Christmas 2021 for our next Christmas family gathering in the UK.

We are hoping for the same.

 

[jakeseven7]

Well Friday is shaping up to be a big day for more possible border announcements with a likely announcement from the NT now as well as SA on VIC borders being removed.

Chief Minister Michael Gunner flags the NT could reopen borders to Melbourne residents shortly

THE NT is “very close” to finally making a decision to reopen its borders to Melbourne residents after the once-troubled city recorded zero new cases for 11 days in a row, says Chief Minister Michael Gunner.

Redirect Notice

 

[dajop]

Here’s a good one... I’ve got friends from
Melbourne and Brisbane coming to Sydney in a few weeks. I’ll pick them up at the airport in my “corona-unsafe” Sydney car, drive through Sydney to the central coast and all stay together in a rented house (with other friends from all across Sydney). I’ll then drive back through Sydney and take them both to Sydney airport for their respective flights home. In better days, the above would be the same except they’d stay at my house in Sydney.

I’d really love to know what we are achieving by the above (other than complicating our weekend). Now that borders are semi-open, there is zero medical benefit in individual states maintaining their own closures. That is just one example that makes a mockery of the current arrangements.

Sounds not unlike similar story to what I heard from relative in Mildura. Unsurprisingly, there are strong connections between some in the Riverland in SA and Sunraysia in Victoria. Now Mildura residents can travel into the border zone of NSW, but cannot travel to SA. SA residents can pass through Victoria to travel back and forth to NSW, but can't stop in Victoria. So what are people from SA doing? They are taking accommodation in Buronga, NSW, a couple of km from the centre of Mildura and their friends/relatives from Mildura are visiting them there.

 

[jakeseven7]

And WA support for border restrictions to be removed continues to build significantly, with VIC under control and only minor cases in NSW, looks like a chance they may open to VIC at least before Christmas - although they will probably struggle to get any tourists now leaving it so late.

—-

WA prepares for borders to fall

WA will reopen its borders to all states and territories from Saturday, although some restrictions will remain for people from NSW and Victoria for now.

Arrivals from all other states and territories - deemed "very low risk" jurisdictions - will not be required to quarantine but must undergo health screening, a temperature check and complete an application declaring their recent travel.

The WA Health Minister Roger Cook said it was encouraging to see both Victoria and NSW record several consecutive days of zero cases, calling out the Victorian management of the virus now as ‘best practice’.

He said the WA Government was still actively monitoring how they were managing the easing of restrictions, as well as a number of mystery cases in New South Wales.

"The efforts of the Victorian Government to get this second wave under control are extraordinary and they're to be absolutely congratulated," he said.

“We are in active communication with the Victorian Government and will hopefully work towards further announcements in the next few weeks”

WA prepares for COVID-19 borders to fall

Western Australia's health minister is confident the state will still be able to hold large events including music...

www.camdenadvertiser.com.au

‘Sharp spike’ in support for open WA border

Support continues to grow among West Australians for an open border with the rest of the country — including with NSW and Victoria — by Christmas, according to a recent poll.

thewest.com.au

 

[jase05]

Excuse me Queensland roads are for Queenslanders if you complain we will slam the road shut on you based on “medical advice” that your complaining is from a “hotspot” and spread must be contained

Ha, with what we have spent up here we should be made honorary QLD residents!

 

[blackcat20]

Queensland's Chief Health Officer Jeannette Young believes there's a "good chance" Victoria has eliminated COVID-19.

Speaking on ABC Radio Brisbane she said she hopes Victorians will be able to visit the Sunshine State, without having to quarantine, in time for Christmas.

So really her criteria to open is elimination, even though that's not officially the aim in Australia.

 

[jakeseven7]

Queensland border could reopen to Victorians on December 1


Victorians could be able to travel to Queensland before Christmas - even before Sydneysiders are allowed to visit.

The state on Wednesday reported an twelth consecutive day of no coronavirus cases.

It’s put them in a strong position to travel to the Sunshine State when health officials next consider the border closure at the end of the month.

Queensland’s Chief Health Officer Jeannette Young described Melbourne’s situation as “very exciting”.

“I’m sure they’re starting to feel there’s a good chance they’ve eliminated the virus in Melbourne which is really, really exciting,” Young told ABC Radio Brisbane.

Greater Sydney, meanwhile, may still be on the outside looking in when a decision rolls around at the end of the month.

The state last week reported a case in the Southern Highlands without a known source of infection. Four close contacts have been linked to the mystery infection.

Premier Annastacia Palaszczuk earlier said she wanted to see 28 consecutive days without a mystery case before she would consider opening the border.

Her NSW counterpart Gladys Berejiklian called that a “impossible task”.

Queensland border could reopen to Victorians on December 1

Just one key coronavirus number is keeping the border closed - and Victorians could have a leg up on Sydney.

7news.com.au

 

[MEL_Traveller]

So really her criteria to open is elimination, even though that's not officially the aim in Australia.

Well... probably not a bad outcome? Look at Victoria... so much better that we accidentally arrived at elimination rather than having to go into repeated mini lockdowns and mass testing.

I wonder the extent there is a national policy? The line between ‘states’ and ‘Australia’ seems to be getting confused. If a state tries to follow the ‘Australia’ example and lock borders, they get crucified. If they decide not to follow the ‘Australia’ example (no policy of elimination) they also get crucified. I don’t think we can have it both ways!

 

[jakeseven7]

So really her criteria to open is elimination, even though that's not officially the aim in Australia.

Certainly not the aim in NSW... and that is going to be the problem now and at some point they will export a case to the other states, we all know this will happen.

All states except QLD and WA appear to accept this risk.

 

[jakeseven7]

NSW unhappy about comments made yesterday that VIC is on track for QLD to reopen borders fully on Dec 1...

We might see some interesting new direct QF routes ex MEL into QLD if this occurs.....?!


----

'Cruel and spiteful': Gladys blasts Qld border plans to open to VIC before Sydney

Gladys Berejiklian is furious after Queensland revealed it's on track to open its borders to Victoria before Sydney.

“I’m just mortified by that notion. I think it’s cruel. I think it’s unjustified and I think it’s spiteful. And there’s no health or scientific basis to it,” she told the Today show this morning.

“NSW has demonstrated that you can manage the pandemic by keeping the community safe but also by keeping people in jobs and keeping people mobile and relatively free in a COVID-safe way.

“We have shown that you can strike that balance and I worry about the citizens of Queensland as much as I worry about the citizens of NSW. Every week we are welcoming back 3000 Aussies coming back home, a lot of them are Queenslanders and Western Australians.

“We are doing the heavy lifting and we do it because we’re Australians. I think it’s appropriate that people frankly recognise that and weren’t so cruel and letting politics get in the way of public health.”

Second vaccine results 'very close behind'

Dr Anthony Fauci, the United States' top infectious disease expert, says a second vaccine option is "very close behind" the first.

www.news.com.au

No Cookies | The Courier Mail

No Cookies

www.couriermail.com.au

 

[blackcat20]

NSW unhappy about comments made yesterday that VIC is on track for QLD to reopen borders fully on Dec 1...

We might see some interesting new direct QF routes ex MEL into QLD if this occurs.....?!


----

'Cruel and spiteful': Gladys blasts Qld border plans to open to VIC before Sydney

Gladys Berejiklian is furious after Queensland revealed it's on track to open its borders to Victoria before Sydney.

“I’m just mortified by that notion. I think it’s cruel. I think it’s unjustified and I think it’s spiteful. And there’s no health or scientific basis to it,” she told the Today show this morning.

“NSW has demonstrated that you can manage the pandemic by keeping the community safe but also by keeping people in jobs and keeping people mobile and relatively free in a COVID-safe way.

“We have shown that you can strike that balance and I worry about the citizens of Queensland as much as I worry about the citizens of NSW. Every week we are welcoming back 3000 Aussies coming back home, a lot of them are Queenslanders and Western Australians.

“We are doing the heavy lifting and we do it because we’re Australians. I think it’s appropriate that people frankly recognise that and weren’t so cruel and letting politics get in the way of public health.”

Second vaccine results 'very close behind'

Dr Anthony Fauci, the United States' top infectious disease expert, says a second vaccine option is "very close behind" the first.

www.news.com.au

NSW has more cases than Vic and clearly QLD will only be happy with elimination.

 

[HappyFlyerFamily]

NSW unhappy about comments made yesterday that VIC is on track for QLD to reopen borders fully on Dec 1...

We might see some interesting new direct QF routes ex MEL into QLD if this occurs.....?!


----

'Cruel and spiteful': Gladys blasts Qld border plans to open to VIC before Sydney

Gladys Berejiklian is furious after Queensland revealed it's on track to open its borders to Victoria before Sydney.

“I’m just mortified by that notion. I think it’s cruel. I think it’s unjustified and I think it’s spiteful. And there’s no health or scientific basis to it,” she told the Today show this morning.

“NSW has demonstrated that you can manage the pandemic by keeping the community safe but also by keeping people in jobs and keeping people mobile and relatively free in a COVID-safe way.

“We have shown that you can strike that balance and I worry about the citizens of Queensland as much as I worry about the citizens of NSW. Every week we are welcoming back 3000 Aussies coming back home, a lot of them are Queenslanders and Western Australians.

“We are doing the heavy lifting and we do it because we’re Australians. I think it’s appropriate that people frankly recognise that and weren’t so cruel and letting politics get in the way of public health.”

Second vaccine results 'very close behind'

Dr Anthony Fauci, the United States' top infectious disease expert, says a second vaccine option is "very close behind" the first.

www.news.com.au

As I said on other thread NSW premier should be praising Qld for allowing Qlders to holiday in regional NSW and allowing scenario of most Australian to meet family and friends in regional NSW lol

 

[jakeseven7]

BREAKING: Tasmania to open borders early on Nov 27 to travellers from Victoria


Tasmanian Premier Peter Gutwein has announced plans to fully ease border restrictions to Victoria from November 27, ahead of the previously planned date of December 1.

From this Friday, people travelling into Tasmania from Victoria will be allowed to quarantine at home instead of a government-run hotel.

The early reopening will be dependent on Victoria's coronavirus cases remaining low.

There have also been suggestions Queensland could reopen its border to Victoria before Greater Sydney.

Queensland's Chief Health Officer Dr Jeannette Young is "very optimistic" about allowing Victorians into the sunshine state from December 1.

Tasmania to open borders early to travellers from Victoria

Tasmanian Premier Peter Gutwein announces plans to fully ease border restrictions to Victoria from November 27, ahead of the previously planned date of December 1.

www.abc.net.au

Tasmania to open borders to Victoria

www.9news.com.au

 

[drron]

Of course New Zealand had a harsh lockdown and people felt they had eliminated the virus - until they hadn't.
We need to learn to live with the virus as NSW has done otherwise our external borders will never open as it is extremely likely this will become a seasonal virus just like the flu.
And remember no test is 100% accurate.There will be occasional false negatives.So just imagine a family in hotel quarantine.A member comes down with symptoms on say day 6.The whole family then tests negative and released though one asymptomatic member was really a false negative test and once again the virus is able to spread in whichever State took that family in.

And sorry I would have much rather spent the last 5 months in NSW not Victoria as their results are still much better than Victoria's over that period of time.