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]

As insane as the SA restrictions are, they’ve proven that state border restrictions are not required. If you can’t walk your dog in Adelaide, I suspect rocking up to the airport and catching a plane to Brisbane will throw up quite the flag. This is how it could have been managed from day 1.

But that restricts us from doing great press releases about slamming borders shut, why would you deprive us of that Its amazing political mileage!

 

[Must...Fly!]

Western Australia is likely to keep quarantine restrictions in place for Victorian travellers even if the state’s streak of no new cases continues.

Premier Mark McGowan says an “ultra cautious” approach is necessary after South Australia plunged into lockdown to contain a COVID-19 cluster.

WA unmoved by Vic’s doughnuts

Western Australia is likely to keep quarantine restrictions in place for Victorian travellers even if the state’s streak of no new cases continues.

www.perthnow.com.au

Lord above.

Tell you what, if I had a dollar to invest it wouldn't be going near WA. Sovereign risk through the roof. Why publish a policy if you are just going to make it up as you go along anyway?

I'm so sick of this rubbish. 6 months of no covid would clearly not be enough for this guy.

I'll forget the trip I booked for 10 days time then, on the hope that Victoria went 28 days without a case. More uncertainty. I feel so bad for all the airlines, businesses, people who are so heavily impacted by the whims of this guy in WA. And yes I count myself among them. But at least I am very lucky, I have a job that won't go anywhere in Victoria so I am economically secure. I, like many others, would just like to see my family.

 

[HappyFlyerFamily]

WA unmoved by Vic’s doughnuts

Western Australia is likely to keep quarantine restrictions in place for Victorian travellers even if the state’s streak of no new cases continues.

www.perthnow.com.au

Lord above.

Tell you what, if I had a dollar to invest it wouldn't be going near WA. Sovereign risk through the roof. Why publish a policy if you are just going to make it up as you go along anyway?

I'm so sick of this rubbish. 6 months of no covid would clearly not be enough for this moronic fool.

I'll forget the trip I booked for 10 days time then, on the hope that Victoria went 28 days without a case. More uncertainty. I feel so bad for all the airlines, businesses, people who are so heavily impacted by the whims of this idiot in WA. And yes I count myself among them. But at least I am very lucky, I have a job that won't go anywhere in Victoria so I am economically secure. I, like many others, would just like to see my family.

WA Premier effectively said we don’t like NSW model.

All very inconsistent....I’ve lost track : are travellers from ACT allowed into WA quarantine free?

 

[Must...Fly!]

WA Premier effectively said we don’t like NSW model.

All very inconsistent....I’ve lost track : are travellers from ACT allowed into WA quarantine free?

I'd look up the policy on the WA government website to find out, but that also says after 28 days with no cases, I can go and see my family. But apparently that won't be true, so I've got no reason to trust anything written on there.

 

[jakeseven7]

All very inconsistent....I’ve lost track : are travellers from ACT allowed into WA quarantine free?

Today they are yes....

 

[HappyFlyerFamily]

Today they are yes....

Well that is very inconsistent.

Qld, NT, Tas, ACT open
SA Vic NSW quarantine required

NSW never to be quarantine free because we don’t like your model
Vic (perhaps require quarantine because you are still open to SA)
SA need to wait until 28 days after last local active case perhaps before quarantine free again

Edit: so as it stands quarantine free trip to WA requires a combination of 14 days in ACT/NT before entering WA.

 

[jakeseven7]

Well that is very inconsistent.

Qld, NT, Tas, ACT open
SA Vic NSW quarantine required

NSW never to be quarantine free because we don’t like your model
Vic (perhaps require quarantine because you are still open to SA)
SA need to wait until 28 days after last local active case perhaps before quarantine free again

Edit: so as it stands quarantine free trip to WA requires a combination of 14 days in ACT/NT before entering WA.

Actually VIC should be opened up to WA in about a week if their zero run continues according to WA's rules, but unlikely I suppose - VIC are doing massive amounts of testing to try and find the last bits of virus in their 'problem' suburbs.... experts say its likely they will find a couple of cases....

 

[HappyFlyerFamily]

Actually VIC should be opened up to WA in about a week if their zero run continues according to WA's rules, but unlikely I suppose - VIC are doing massive amounts of testing to try and find the last bits of virus in their 'problem' suburbs.... experts say its likely they will find a couple of cases....

The article linked above by @Must...Fly! indicates WA already moving away from the 28 day rule for quarantine free status applying to Melbourne/Victoria

 

[jakeseven7]

The article linked above by @Must...Fly! indicates WA already moving away from the 28 day rule for quarantine free status applying to Melbourne/Victoria

Please..... they backflipped so fast and hard a month or so ago on their restrictions their feet kicked their own behind.....! I suspect it will happen again.

It is so political over there and the CHO is clearly interwined in all of that and the date coming up in March....

 

[OZDUCK]

Please..... they backflipped so fast and hard a month or so ago on their restrictions their feet kicked their own behind.....! I suspect it will happen again.

It is so political over there and the CHO is clearly interwined in all of that and the date coming up in March....

You are certainly entitled, probably duty bound, not to trust any word uttered by any politician of any party but I don't believe that it is appropriate to apparently question the ethics of the W.A CHO. He served in the RAN for just under 20 years and "In 2015, Andy was promoted to the position of Commodore and Director-General Health Reserves - Navy". He "worked as the Radiation Health Adviser to the Australian Embassy after the Fukushima nuclear incident in 2011" , did " three tours to Iraq as a Biological Weapons Chief Inspector with the United Nations Special Commission in 1996 and 1997." Also "In December 2004, he led the Australian Medical Relief team into the Maldives post-tsunami, managed WA Health’s response to the 2005 Bali Bombing, led the WA Health team into Indonesia after the Yogyakarta earthquakes " plus more.

Disagreeing with his opinions is your prerogative but implying that his opinions are based on political pandering is not something that I believe is justified.

 

[N860CR]

Disagreeing with his opinions is your prerogative but implying that his opinions are based on political pandering is not something that I believe is justified.

In fairness, anybody who goes into these roles know they’re becoming a bit of a political pawn. It doesn’t detract from the other achievements of their career.

 

[OZDUCK]

In fairness, anybody who goes into these roles know they’re becoming a bit of a political pawn. It doesn’t detract from the other achievements of their career.

I believe that in reality most people with those sort of experiences are usually not prepared abrogate their responsibilities. Even, a basic little tinpot Public Servant like me would refuse, and did so, to accept instructions that they considered incorrect when making a decision under a legally delegated power.

 

[jakeseven7]

Disagreeing with his opinions is your prerogative but implying that his opinions are based on political pandering is not something that I believe is justified.

You are of course entitled to your opinion, I just become a little suspicious with the amount of direction changes in the medical advice that seem to play very and almost perfectly in step with a date arriving in March.

Anyway, not much anyone can do about that apart from pray that somehow National Cabinet gets more traction to provide us all with more certainty around benchmarks and actions, so people can actually plan and have some (well, a little!) faith in the systems that are supposed to be designed to protect us, not become weaponised slogans for the nightly news.

 

[antycbr]

You are of course entitled to your opinion, I just become a little suspicious with the amount of direction changes in the medical advice that seem to play very and almost perfectly in step with a date arriving in March.

Anyway, not much anyone can do about that apart from pray that somehow National Cabinet gets more traction to provide us all with more certainty around benchmarks and actions, so people can actually plan and have some (well, a little!) faith in the systems that are supposed to be designed to protect us, not become weaponised slogans for the nightly news.

Simple, economic boycott. It's the net result anyway.

I've gotten to the point where I'm looking at where my produce is sourced from and only purchasing products from NSW.

Just on the phone to VA to cancel flights to ADL scheduled for 20-23 November - if the border is open but everything else in the state is shut, not travelling...

 

[nutwood]

I suspect that slowly but surely the wheels are going to fall off the border restrictions. The original constitutional requirements weren't written by some altruistic dreamers. They were a hard nosed recognition of the necessity of trade between the States of Australia.
Job keeper is winding back. Businesses are going to have to establish normality or fold.

 

[jakeseven7]

I suspect that slowly but surely the wheels are going to fall off the border restrictions. The original constitutional requirements weren't written by some altruistic dreamers. They were a hard nosed recognition of the necessity of trade between the States of Australia.
Job keeper is winding back. Businesses are going to have to establish normality or fold.

Jobkeeper finishing in March is going to force some pretty hard realities to the surface very very quickly in the tourism / hospitality hot spots especially....

 

[jakeseven7]

Well the famous ‘only possible to meet monthly’ QLD border meeting is next week...

Time to wheel out the old CHO again and pop the ‘leaders’ into a meeting room to decide the fate of Christmas and the fate of our tourism industries peak summer school holiday period!

This is literally last chance for us to try and scrape up whoever hasn’t booked travel over the summer holiday period and with the exception of WA we are dead last again to do this.

The rumour mill in the media up here is saying QLD will fully open to both VIC and Sydney, with apparently VIc perhaps opening up a week earlier because.... well why not I guess .

Both states are tracking well and another ‘rule’ would probably have to be made up to block them. Which of course is very possible....

Fingers crossed that we can have families reunited in December


————-

Queensland could open its border to Victoria a week earlier than NSW if cases remain under control, according to one expert who says a December 1 reopening is firming up with an announcement due next week.

Redirect Notice

 

[nutwood]

I wonder how many Queensland public servants are on stress leave, caused by having to make the quick decision to shut the borders to SA, without waiting for the monthly meeting?

 

[Seat0B]

This is literally last chance for us to try and scrape up whoever hasn’t booked travel over the summer holiday period and with the exception of WA we are dead last again to do this.

Assuming that anyone is willing to risk a booking given the speed with which borders slam shut at the slightest sign of an outbreak. I know my family certainly will not be. Yep, I'm still feeling in a low mood again today.

 

[jakeseven7]

Assuming that anyone is willing to risk a booking given the speed with which borders slam shut at the slightest sign of an outbreak. I know my family certainly will not be. Yep, I'm still feeling in a low mood again today.

Sorry to hear and I'm right there with you - we are gearing up to permanently fire 75 full timers in the next week, directly related to the QLD border issues which is weighing very heavily on me, plus not being able to see family. We already folded our WA branch months ago, its being operated now from Melbourne...

We are just holding out to see if we can save some of them if we get some more people into QLD from VIC and Sydney, without them plus no international visitors that division of our company has literally been on life support Local QLD tourists are not spending enough even when they do book and its only the peak peak times we are busy, shoulder periods that were normally solid are like tumbleweed....

From a family perspective, because of QLD making rules up on the run and continually refusing to meet more than monthly on borders, we have a plan that involves booking absolutely last minute ($$$$) from several states to try and reunite our family over Xmas