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]

More rumbling swirling about QLD opening to VIC on Dec 1....

Queensland border may reopen to Victorians on Dec 1, as Tasmania announces opening date as November 27

Victorians may be allowed to travel to Queensland at the start of December — before anyone in Greater Sydney — after recording 12 consecutive days of zero coronavirus cases.

Redirect Notice

 

[jakeseven7]

Calls again for QLD to meet more than monthly to review border restrictions after it was revealed last week there was no medical reason for the 30 day delay in making decisions....


——
Struggling Queensland tourism operators fear border uncertainty, hope for a bumper Christmas period


Tourism operators are fearful the ongoing uncertainty around Queensland's borders is scaring away interstate travellers from booking holidays in the Sunshine State over the peak Christmas period.

Tourism operators are hoping for a bumper Christmas period to make up for lost revenue due to the coronavirus pandemic

The state's tourism sector lost $400 million in August and $1.5 billion in April.

Uncertainty around the state's border restrictions has made interstate travellers reluctant to book holidays.

The industry has long been calling on the State Government to reopen borders to all states and territories after the sector suffered billion-dollar losses amid the economic fallout of the coronavirus pandemic.

Chief Health Officer Jeannette Young said further announcements on the state's borders will be made at the end of the month, flagging yesterday she is ‘very optimistic’ about opening to Victoria in early December.

Queensland Tourism Industry Council CEO Daniel Gschwind said businesses that were still struggling to survive were hoping for a busy summer to make up for lost revenue caused by the pandemic.

"One has to assume that the ongoing uncertainty around borders ... is not encouraging consumers to make bookings, and certainly it would also encourage some to cancel their bookings," he said.

He said even if borders were to open to Victoria and Sydneysiders at the start of December, it will be a struggle for the industry to recapture bookings over Christmas.

"We really need our government to meet and review border restrictions more than once a month, anybody who's considering booking now and is keen to make a decision now will obviously choose another destination if they're looking to travel interstate" he said.

Fears Queensland's border uncertainty is scaring away 'reluctant' Christmas holidaymakers

Tourism operators fear the ongoing uncertainty around the status of Queensland's border is scaring away interstate travellers from booking holidays in the Sunshine State over the peak Christmas period.

mobile.abc.net.au

 

[jakeseven7]

National cabinet will be thrilling tomorrow...

Funny, I thought the goal was suppression not elimination.... whoopsie another slip up...

——

Queensland Treasurer weighs in on state borders with NSW Premier

Speaking to radio station 4BC on Thursday morning, Queensland Treasurer Cameron Dick reiterated a decision would be made at the end of the month when asked how far off a welcoming of travellers from NSW and Victoria would be.

“They’ve done an incredible job [in Victoria], perhaps the only place in the world where a second wave has been crushed effectively,” he told host Neil Breen.

“On the other hand NSW can’t control it, they’re still … bumping along in Sydney.”

Pressed on why such pressure seemed to exist between the states despite the last community case in NSW coming on Saturday, Mr Dick said it was a question that needed to be put to Ms Berejiklian about why Victoria had managed to get a much better handle on the spread of the virus.

“I mean, Gladys Berejiklian has spent more time I think attacking and criticising Queensland than managing her own state,” Mr Dick said. “And we know why, Neil: she’s in more trouble than Flash Gordon.”

“I try to clean up my own backyard before I start talking to my neighbours,” he said.

“We’ve made that decision to expand the bubble, that’s just the reality. Now we’ve just got Greater Sydney and if they can demonstrate that to us we’ll be moving forward.”

Coronavirus LIVE updates: Victoria extends no new case streak to 13 days, Health Department boss resigns; Queensland, NSW chase border openings; Australians adjust to Jobseeker cut

Australians are moving closer to a COVID-normal life and preparing for a possible vaccine to be ready in the new year.

www.watoday.com.au

 

[jakeseven7]

BREAKING: South Australia opens border to Victoria from Dec 1

South Australia is re-opening the border to Victoria from December 1st, joining NSW, Tasmania and ACT in confirming opening dates.

More to come

National Cabinet endorses COVID-19 vaccine policy

The Federal Government releases its coronavirus vaccine strategy, revealing there will be a national system to monitor immunisation levels and individual vaccination status. Look back over the day's coronavirus blog.

www.abc.net.au

 

[Flashback]

A nice article on the WA border re-opening, some interesting insights into things and cool photos & videography.

There are fears WA's freedoms could be its downfall as the border reopens

Seven months ago, Western Australia slammed shut its doors to the rest of the nation. Now it's on the road back to rejoining the rest of the country, but not everyone's sure it's going in the right direction.

www.abc.net.au

While it does talk about a massive drop in footfall through the areas, I would have thought the truckies still would be the majority going through anyway?

 

[Cynicor]

A nice article on the WA border re-opening, some interesting insights into things and cool photos & videography.

There are fears WA's freedoms could be its downfall as the border reopens

Seven months ago, Western Australia slammed shut its doors to the rest of the nation. Now it's on the road back to rejoining the rest of the country, but not everyone's sure it's going in the right direction.

www.abc.net.au

While it does talk about a massive drop in footfall through the areas, I would have thought the truckies still would be the majority going through anyway?

Probably supplemented with the Grey Nomads. Tends to be a few of them most of the year in the south.

 

[oz_mark]

A nice article on the WA border re-opening, some interesting insights into things and cool photos & videography.

There are fears WA's freedoms could be its downfall as the border reopens

Seven months ago, Western Australia slammed shut its doors to the rest of the nation. Now it's on the road back to rejoining the rest of the country, but not everyone's sure it's going in the right direction.

www.abc.net.au

While it does talk about a massive drop in footfall through the areas, I would have thought the truckies still would be the majority going through anyway?

The traffic across the checkpoint used to have a split of around 50:50 private vehicle vs commerical vehicles. (which slightly favoured private, but I can't find the exact number).

While the commercial traffic was by a large still there, the overall traffic had fallen by about half.

 

[jase05]

And WA has tightened restrictions on SA after our latest issues

 

[oz_mark]

And WA has tightened restrictions on SA after our latest issues

I guess the crossing at Kununurra is going to get busy!

 

[Cynicor]

Hopefully 14 days to hunt down spread, and maybe 2-3 weeks after that and it will be quarantine free again. Lets see how well the tracing works.
I'm surprised there wasn't regular testing of hotel workers already, or some targetted system tbh

 

[Must...Fly!]

Hopefully 14 days to hunt down spread, and maybe 2-3 weeks after that and it will be quarantine free again. Lets see how well the tracing works.
I'm surprised there wasn't regular testing of hotel workers already, or some targetted system tbh

So we're now past Christmas on that time line.

This is absolutely absurd.

 

[Cynicor]

Oh well. Then it’s past Christmas. It is what it is.

 

[oznflfan]

So we're now past Christmas on that time line.

This is absolutely absurd.

And anyone thinks we are flying oversea's next year?

I'm from WA, but moved interstate 11 years ago. I have no plans to go back anytime soon, but this angers me so much.

 

[HappyFlyerFamily]

Let see how long - WA rules for quarantine-free are 28 days without local transmission, clearly they didn’t count the medi-hotel local case.

People mid-flight got caught out - sigh. People about the fly had an option to disembark. Hopefully the airlines give credits at least to those who got to disembark before departure.

 

[jakeseven7]

And anyone thinks we are flying oversea's next year?

I'm from WA, but moved interstate 11 years ago. I have no plans to go back anytime soon, but this angers me so much.

It's been in the news the past weeks speculating WA just simply is prepared enough to risk any transmission yet..... They have issues with PPE, their contact tracing stress test by Finkel was described as 'needing to catch up' in the presser.... its becoming a little evident that the last 8 months haven't really been spent that well preparing for potential cases, perhaps they really thought the vaccine would come through sooner or something.

Who knows.... but this kind of reaction seems very trigger happy unless they have more information that we do But again, they have a VERY important date in March.... sigh....

 

[Cynicor]

Not sure where that's coming from, but being on the front line, PPE supplies are great and tracing talks have ramped up months ago, with all levels of medical staff offered teaching on how to contact trace.

 

[HappyFlyerFamily]

Yep I heard Forrest got a special batch of PPE for WA early on in the piece

 

[jakeseven7]

Not sure where that's coming from, but being on the front line, PPE supplies are great and tracing talks have ramped up months ago, with all levels of medical staff offered teaching on how to contact trace.

WA Doctors and Nurses have been complaining in the media for weeks e.g:

WA 'not ready' for COVID-19 outbreak as doctors and nurses warn PPE sits in warehouses

Just days before the borders lift, the top bodies representing the state's nurses and doctors have taken aim at the government, saying health staff were yet to be trained and properly fitted with PPE.

www.watoday.com.au

 

[Must...Fly!]

Oh well. Then it’s past Christmas. It is what it is.

It makes it completely impossible for anyone to plan anything. And I'm not talking about holidays, but work and family.

There are lives to be saved, and lives to be lived as well. I have had enough.

 

[oznflfan]

It makes it completely impossible for anyone to plan anything. And I'm not talking about holidays, but work and family.

There are lives to be saved, and lives to be lived as well. I have had enough.

Mark McGowan has just destroyed his state's tourism for the next 6 months with this.