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

 

[Must...Fly!]

WA still holding firm against reopening the border according to the news on the weekend

Ridiculous, and Queensland seemingly behaving little better.

 

[antycbr]

I get the feeling that now the main game in town - NSW to VIC (almost 15 million people) - is open that WA and Queensland will be left to their own devices and will start to feel very left out as the rest of the country moves forwards.

You’ll also see VA and QF really push the route.

If there was some certainty about the Australian Open that would be further incentive.

 

[dajop]

NSW to VIC (almost 15 million people)

Throw in ACT and even (just) exceeds 15m.

 

[jakeseven7]

Maybe Marshall should check in with Gladys, see how she is going convincing QLD or WA to show some logical decision making in this area.... sigh.

He is more polite.... must be the Adelaide water @Pushka But I gues this this is day one of him asking for restrictions to be removed... Day what for NSW.... 130??

-----

SA Premier Steven Marshall asks Western Australia, Queensland and Tasmania to re-open their borders

SA Premier Steven Marshall has firmly pointed out the state has been able to link all cases to a known cluster.

"The fact that we have had no mystery cases in South Australia is absolutely crucial. Let’s be clear: every single one of the infections that we have reported can be traced back to source," he said.

"I respectfully ask the Premiers of Western Australia, Queensland and Tasmania to reconsider their border closures as soon as possible,"

Mr Marshall thanked NSW, the ACT and Northern Territory for keeping their borders open and said he was keen to see other states lift restrictions as soon as possible, with VIC operating their borders on a permit registration basis to assist contact tracing efforts.

"We’re hopeful that we can normalise all our borders as quickly as possible,” he said.

As it happened: NSW-Victoria border reopens as mandatory mask wearing in Victoria scrapped for outdoors

The first flight from Melbourne has landed in Sydney since NSW lifted border restrictions with Victoria overnight. Meanwhile Victorians can breathe easier outdoors after mandatory mask-wearing was dropped in outdoor settings. Follow our live coverage here.

www.watoday.com.au

 

[antycbr]

Maybe Marshall should check in with Gladys, see how she is going convincing QLD or WA to show some logical decision making in this area.... sigh.

He is more polite.... must be the Adelaide water @Pushka But I gues this this is day one of him asking for restrictions to be removed... Day what for NSW.... 130??

-----

SA Premier Steven Marshall asks Western Australia, Queensland and Tasmania to re-open their borders

SA Premier Steven Marshall has firmly pointed out the state has been able to link all cases to a known cluster.

"The fact that we have had no mystery cases in South Australia is absolutely crucial. Let’s be clear: every single one of the infections that we have reported can be traced back to source," he said.

"I respectfully ask the Premiers of Western Australia, Queensland and Tasmania to reconsider their border closures as soon as possible,"

Mr Marshall thanked NSW, the ACT and Northern Territory for keeping their borders open and said he was keen to see other states lift restrictions as soon as possible, with VIC operating their borders on a permit registration basis to assist contact tracing efforts.

"We’re hopeful that we can normalise all our borders as quickly as possible,” he said.

As it happened: NSW-Victoria border reopens as mandatory mask wearing in Victoria scrapped for outdoors

The first flight from Melbourne has landed in Sydney since NSW lifted border restrictions with Victoria overnight. Meanwhile Victorians can breathe easier outdoors after mandatory mask-wearing was dropped in outdoor settings. Follow our live coverage here.

www.watoday.com.au

And the VIC permit system is more just a tracing form rather than any form of review of eligibility, as opposed to other states.

 

[jakeseven7]

And the VIC permit system is more just a tracing form rather than any form of review of eligibility, as opposed to other states.

Which is arguably what everyone should have anyway.....

 

[jakeseven7]

Palaszczuk leaves door open for early border decision with announcement expected tomorrow

The Queensland Premier Anastasia Palaszczuk has hinted all border restrictions to both NSW and VIC could be dropped early, but flagged the cluster in SA may hold back any border reopening for a while.

"I will give you an update tomorrow," she said.

"I actually do think things are looking positive, the most positive I have seen this year, so, look, fingers crossed if it continues that way, our roadmap says December 1, I am very encouraged that it will be a positive outcome for NSW and Victoria.

"Adelaide still has that cluster outbreak but I will get the advice from Dr Young tomorrow."

NSW Premier Gladys Berejiklian said "unfortunately some state premiers are kind of making up the advice as they go".

The border between Victoria and NSW opened on Monday.

Palaszczuk leaves door open for early border decision

Both Victoria and Greater Sydney are expected to pass the border benchmark of 28 days of no unlinked cases by the weekend.

www.google.com.au

 

[Jmrocky]

I believe we have a current ED Dr on here who admits to not necessarily being an expert when it comes to public health issues...

To be honest, her skills in the ER department wasn't the point of my post. From memory she is the longest serving CHO out of all the states, not a patsy parachuted in by Anna herself.

 

[james4321]

Maybe Marshall should check in with Gladys, see how she is going convincing QLD or WA to show some logical decision making in this area.... sigh.

He is more polite.... must be the Adelaide water @Pushka But I gues this this is day one of him asking for restrictions to be removed... Day what for NSW.... 130??

-----

SA Premier Steven Marshall asks Western Australia, Queensland and Tasmania to re-open their borders

SA Premier Steven Marshall has firmly pointed out the state has been able to link all cases to a known cluster.

"The fact that we have had no mystery cases in South Australia is absolutely crucial. Let’s be clear: every single one of the infections that we have reported can be traced back to source," he said.

"I respectfully ask the Premiers of Western Australia, Queensland and Tasmania to reconsider their border closures as soon as possible,"

Mr Marshall thanked NSW, the ACT and Northern Territory for keeping their borders open and said he was keen to see other states lift restrictions as soon as possible, with VIC operating their borders on a permit registration basis to assist contact tracing efforts.

"We’re hopeful that we can normalise all our borders as quickly as possible,” he said.

As it happened: NSW-Victoria border reopens as mandatory mask wearing in Victoria scrapped for outdoors

The first flight from Melbourne has landed in Sydney since NSW lifted border restrictions with Victoria overnight. Meanwhile Victorians can breathe easier outdoors after mandatory mask-wearing was dropped in outdoor settings. Follow our live coverage here.

www.watoday.com.au

Maybe she should just comply with her own rules.

 

[NZflygirl]

Good grief WA making up rules as they go along now... so is it negative poo tests for 28days the new rule?

 

[jakeseven7]

Good grief WA making up rules as they go along now... so is it negative poo tests for 28days the new rule?

View attachment 234407

Yawn they all trot out this line to give them wriggle room and delay accountability.

QLD said exactly the same thing as recently as Monday.

Everyone is most worried about NSW now as they clearly have continuing presence in SW and W Sydney and again had positive sewage results yesterday for those areas. The embarrassing bungle in SA appears to be rapidly fading into the background.

Anyway they aren’t making rushed decisions they are making decisions according to the incredibly slow and draconian framework they have designed themselves

 

[Must...Fly!]

Good grief WA making up rules as they go along now... so is it negative poo tests for 28days the new rule?

View attachment 234407

Making it up as they go along. They clearly have no desire to open which is becoming extremely distressing.

28 days seems more likely with each passing hour that there will be no action

Even if they follow QLD with 1 Dec I will be disappointed as that is NOT 28 days as they've indicated. And yes that bit is selfish because I have arranged flights in hope for 30 Nov.

 

[jakeseven7]

Ummm they do realise no matter what they do they will be dead donkey last....

Unless they literally open on Saturday to VIC to get a jump start on QLD? Is that what they mean?

-----------

WA border to Victoria must not be last to open after coronavirus pain, tourism industry warns


As other states and territories reopen their borders to Victoria, the Tourism Council has warned WA must not be the last state to open to Victorians as it could affect local tourism operators well into next year.

Victoria is WA's biggest interstate tourism market and there are concerns the state's ongoing border with VIC will hurt tourism with the Tourism Council says people will simply choose to holiday elsewhere.

Both New South Wales and the ACT allowed quarantine-free travel with Victoria on Monday, while other jurisdictions are set to do the same within days.

The WA Government says it will not be "rushed" to reopen the borders and will seek further health advice once Victoria reaches 28 days of no community spread, which could be as early as this Friday.

Tourism Council chief executive Evan Hall said if WA did not open soon, Victorians would book their summer holidays and 2021 trips elsewhere, if they had not already done so.

"If we are the last to open our borders to Victoria, we will lose visitors and working holiday-makers to other states because we could not take bookings while they could," Mr Hall said.

"34 per cent of Western Australia's interstate visitors come from Victoria, significantly more than any other state," he said.

WA approaches decision on reopening its border to Victoria amid warning from tourism industry

Most of Western Australia's interstate visitors come from Victoria and if the border is not open soon, local operators will be hurting according to the state's Tourism Council.

www.abc.net.au

 

[HappyFlyerFamily]

Ummm they do realise no matter what they do they will be dead donkey last....

Unless they literally open on Saturday to VIC to get a jump start on QLD? Is that what they mean?

-----------

WA border to Victoria must not be last to open after coronavirus pain, tourism industry warns


As other states and territories reopen their borders to Victoria, the Tourism Council has warned WA must not be the last state to open to Victorians as it could affect local tourism operators well into next year.

Victoria is WA's biggest interstate tourism market and there are concerns the state's ongoing border with VIC will hurt tourism with the Tourism Council says people will simply choose to holiday elsewhere.

Both New South Wales and the ACT allowed quarantine-free travel with Victoria on Monday, while other jurisdictions are set to do the same within days.

The WA Government says it will not be "rushed" to reopen the borders and will seek further health advice once Victoria reaches 28 days of no community spread, which could be as early as this Friday.

Tourism Council chief executive Evan Hall said if WA did not open soon, Victorians would book their summer holidays and 2021 trips elsewhere, if they had not already done so.

"If we are the last to open our borders to Victoria, we will lose visitors and working holiday-makers to other states because we could not take bookings while they could," Mr Hall said.

"34 per cent of Western Australia's interstate visitors come from Victoria, significantly more than any other state," he said.

WA approaches decision on reopening its border to Victoria amid warning from tourism industry

Most of Western Australia's interstate visitors come from Victoria and if the border is not open soon, local operators will be hurting according to the state's Tourism Council.

www.abc.net.au

It’s the tourism lobby group’s interest to keep harping on removing quarantine requirements, but at the end of the day the speed with which each State/Territory moved harder and faster than the actual State with the outbreak is a greater concern of the tourism industry.

And no State/Territory is going to tip their hand on how they will react to the next potential outbreak outside their State/Territory.

 

[MEL_Traveller]

Part of the problem with tourism groups demanding the states open up has to be their relationship with prospective travellers/tourists? Some refusing refunds, others with huge cancellation fees, or months to refund if allowed, or not allowing a full refund or credit if you can't fly because you have covid or need to get tested. If a state needs to close its borders again due to an outbreak, how many tourists are going to lose a lot of money?

 

[Lynda2475]

Everyone is most worried about NSW now as they clearly have continuing presence in SW and W Sydney and again had positive sewage results yesterday for those areas. The embarrassing bungle in SA appears to be rapidly fading into the background.

This isnt a proven fact. Sewerage testing has picked up Covid traces in SW Sydney treatment plant, but given there were still active cases in the area at the start of the month, and also many recovered cases in the area that might still be shedding fragments. If there was rampant asymptoatic spread we would have started seeing vulberable people hit and symptomatic people presenting. You are starting to belive your Premiers hype about NSW being more dangerous than other states, whereas at least we have madatory QR codes and a tried and tested health response.

 

[jakeseven7]

It’s the tourism lobby group’s interest to keep harping on removing quarantine requirements, but at the end of the day the speed with which each State/Territory moved harder and faster than the actual State with the outbreak is a greater concern of the tourism industry.

And no State/Territory is going to tip their hand on how they will react to the next potential outbreak outside their State/Territory.

Well tomorrow VIC passes (hopefully) WA's 28 day rule, so hope the WA government has booked in their media conference!

I wonder if QF will stick ex MEL people in nasty 737's now there is no competition from VA for widebodies anymore.

I know there is a lot of big freight though betweween PER and MEL which will mean some widebodies will keep flying

 

[oz_mark]

Well tomorrow VIC passes (hopefully) WA's 28 day rule, so hope the WA government has booked in their media conference!

I wonder if QF will stick ex MEL people in nasty 737's now there is no competition from VA for widebodies anymore.

I know there is a lot of big freight though betweween PER and MEL which will mean some widebodies will keep flying

You'll need to wait for the 'tough guy' to manipulate the situation for his own ends. Make it look like he's in control and all that. Give it a few days.

(Notice how the CHO has disappeared from the scene, after straightening the record on the health advice a few weeks back?)

 

[Must...Fly!]

Well tomorrow VIC passes (hopefully) WA's 28 day rule, so hope the WA government has booked in their media conference!

I wonder if QF will stick ex MEL people in nasty 737's now there is no competition from VA for widebodies anymore.

I know there is a lot of big freight though betweween PER and MEL which will mean some widebodies will keep flying

A330 has been running the whole way through from QF. And a 757 on top of their usual flights.

Don't expect a movement for Vic until at least Dec 5 IMO. But I'd be happy to be surprised...

 

[OATEK]

A330 has been running the whole way through from QF. And a 757 on top of their usual flights.

Don't expect a movement for Vic until at least Dec 5 IMO. But I'd be happy to be surprised...

"And a 757 "??