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]

Interesting development...Qld exemption.

Queensland waives travel restrictions for NSW and ACT school boarders

Queensland's Chief Health Officer Jeanette Young grants travel exemptions for boarders from areas of New South Wales and the Australian Capital Territory with no active COVID-19 cases.

www.abc.net.au

In unrelated news, boarders from NSW and ACT will be used by Anna to hand out how to vote cards in her electorate.

The boarders will be treated to quarantine ‘light’ in a resort next door to the ‘quarantining’ ‘essential’ AFL staff, will have access to the pool but as underage not the bar, but in groups of 10 may access the games room instead. They will be personally greeted by Dr Young.

 

[jakeseven7]

And................................. yet another tragic one, all while Anna has the audacity to be whining in the media now that people are 'bullying' her over her border politics...... Ummmm sure thing mate, cry us a river.... what do you think you and your regime are doing to vulnerable people right now?

Disgusting and against expert medical advice, saying it is extremely low risk.


----------------------

QLD Border controversy: Young father with terminal cancer told to pick only one of his four children to visit him before he dies


A Sydney father with terminal cancer has been asked to choose which of his children to see as only one of four will be able to cross the border to Queensland to visit their dying dad.

The Prime Minister Scott Morrison has been asked to intervene in the tragic case which has sparked more outrage over controversial coronavirus border closures in Queensland that have been the subject of pain for many families.

Brisbane truck driver Mark Keans, 39, has been told he has inoperable cancer and is unlikely to survive past Christmas.

He has four children all aged under 13 who are in Sydney and have been told they will not be able to cross the border by Queensland Health authorities, Seven News reports.

The children’s grandfather, Bruce Langborne, said the children “desperately want to see him.” “The Queensland government told us we were being selfish” Mr Langborne told Seven.

Fears dying dad won’t last two weeks

The Australian public raised more than $200,000 in a matter of hours on Thursday night for a family whose four children are desperate to see their dying father.

www.news.com.au

Family labelled 'selfish' for trying to visit terminally ill dad 'pose little risk', expert says

The NSW grandfather of four kids whose dad is gravely ill says he wants them to see his son before time runs out, but the Queensland Premier is standing by the state's tough border rules.

www.abc.net.au

 

[nutwood]

The current hard nosed approach is difficult to to justify even on public health grounds. If laws lack compassion and are seem as unjustified, people find ways around them. If you have the population on-side, you only have the idiots to deal with.

 

[drron]

So When is a pandemic “controlled”? When international borders are opened? When there is a vaccine? if there is a pandemic for 2 years, that could be almost a whole electoral term.

A pandemic is officially over when the WHO says it is.
For the Swine flu pandemic the WHO officially called it a pandemic in June 2009 and that it ended on 10/8/2010.

https://www.cbc.ca/news/technology/h1n1-pandemic-officially-over-who-1.875037

 

[Seat0B]

And another, this is sadly no joke. And Anna flicks the blame onto her best mate Dr Young...... maybe she is realising what this is doing to her image?....

Unfortunately for this poor woman she is not an AFL football player or movie star so we don't care.

------

QLD 'nonsensical' border restrictions criticised again: 'My dad is dead and you made me fight to see him but it was too late'


A Queensland resident who flew home to visit her dying father was too late to say goodbye and is now locked in hotel quarantine on the day of his funeral.

Ms Frecklington tabled a letter to the Parliament from the woman, named Sarah, to Premier Annastacia Palaszczuk.

“My dad is dead and you made me fight to see him but it was too late,” the letter read.

Prime Minister Scott Morrison has phoned Ms Palaszczuk and asked her to overturn the decision not to allow Sarah to attend her father's funeral.

He said the situation was heartbreaking.

Ms Palaszczuk responded 'The Prime Minister of this country contacted me this morning and I made it very clear to the fact that this is not my decision and that I would pass the information on to the Chief Health Officer," she said.

As it happened: Victoria records 51 new COVID-19 cases as Queensland Premier lashes Scott Morrison for border intervention; Australian death toll jumps to 788

America is expected to pass 190,000 coronavirus deaths today. There are calls to lift Melbourne's curfew, after Premier Daniel Andrews said it was based on police - not health - advice. And NSW health authorities are a growing COVID-19 cluster linked to two hospitals.

www.theage.com.au

And she’s from the COVID hotspot of the ACT - no cases for 62 days now. I remain appalled by this non-sensical, heartless and inhumane behaviour.

 

[HappyFlyerFamily]

I can only hope that this thread gets moved to the Playground, or whatever it’s called now.

But that’s not going to happen, is it.

It’s a slow news day....on the legality of State/Territory border closures Under the Australian Constitution.

 

[Pete98765432]

I’m not denying that AP may be using border restrictions as an election issue, but as a resident of the Covid free hotspot of the ACT, I am not able to visit SA or Tasmania without quarantine. Where is all the controversy in the media or this forum about that? The politicisation of the issue Is on both sides.

 

[OATEK]

I’m not denying that AP may be using border restrictions as an election issue, but as a resident of the Covid free hotspot of the ACT, I am not able to visit SA or Tasmania without quarantine. Where is all the controversy in the media or this forum about that? The politicisation of the issue Is on both sides.

To paraphrase a regular contributor, it just takes one case ... although in this case it would be a humanitarium issue similar to those raised, and affected by state border controls.

 

[jakeseven7]

And she’s from the COVID hotspot of the ACT - no cases for 62 days now. I remain appalled by this non-sensical, heartless and inhumane behaviour.

Agree and I live here, she represents our state with these border decisions and the ‘mates rates / discretionary’ approach she and Dr Young have devised.

It is deeply distressing and embarrassing for us Queenslanders. Surely there has to be a better way to manage these lines on maps....?

 

[HappyFlyerFamily]

I’m not denying that AP may be using border restrictions as an election issue, but as a resident of the Covid free hotspot of the ACT, I am not able to visit SA or Tasmania without quarantine. Where is all the controversy in the media or this forum about that? The politicisation of the issue Is on both sides.

Perhaps.

But a key difference is that Qld has the highest hurdles.
only Qld has declared ACT a hotspot that prevents anyone travelling from ACT (regardless of quarantine) from entering Qld without an exemption.
SA has declared ACT a permissible departure point with quarantine arrangement.
Tas allows entry with quarantine.

 

[jakeseven7]

Perhaps.

But a key difference is that Qld has the highest hurdles.
only Qld has declared ACT a hotspot that prevents anyone travelling from ACT (regardless of quarantine) from entering Qld without an exemption.
SA has declared ACT a permissible departure point with quarantine arrangement.
Tas allows entry with quarantine.

On what grounds and medical evidence has the Qld government deemed the ACT a hotspot again? In order to ‘justify’ their border war with them?

 

[antycbr]

Agree and I live here, she represents our state with these border decisions and the ‘mates rates / discretionary’ approach she and Dr Young have devised.

It is deeply distressing and embarrassing for us Queenslanders. Surely there has to be a better way to manage these lines on maps....?

I’m hearing murmurings of people planning to boycott Queensland if AP is returned. While it hurts innocent business owners, ultimately the state needs to own its electoral decision.

I think this is the “step too far” moment that has cut through into domestic Queensland media. Most people have attended a funeral of a loved one or know someone with cancer and can relate in a human way to others suffering.

 

[HappyFlyerFamily]

On what grounds and medical evidence has the Qld government deemed the ACT a hotspot again?

If that’s not a tongue in cheek question, it’s because of some apparent occurrences of Victorians/Sydneysiders going to Canberra then lie on their border declaration To gain entry.

 

[antycbr]

Queensland officials have rejected dozens of requests from the commonwealth and Scott Morrison to help distressed NSW families, including denying a mercy plea to allow a mother and father to visit their dying son’s bedside while his life support was turned off.

In one of the most tragic cases, a mother and father living in NSW applied for an exemption to visit their son in Queensland after he had a series of strokes. They had hoped to hold his hand when his life support was switched off, but the case was not resolved in time and they could not be by his side.

This is not going away AP...

NoCookies | The Australian

 

[jakeseven7]

If that’s not a tongue in cheek question, it’s because of some apparent occurrences of Victorians/Sydneysiders going to Canberra then lie on their border declaration To gain entry.

Honestly it wasn’t I genuinely couldn’t remember, all I could remember was it was absolutely ridiculous. Thanks. And this is why the states shouldn’t have this power. They can’t be trusted to use it safely.

 

[jakeseven7]

Queensland officials have rejected dozens of requests from the commonwealth and Scott Morrison to help distressed NSW families, including denying a mercy plea to allow a mother and father to visit their dying son’s bedside while his life support was turned off.

In one of the most tragic cases, a mother and father living in NSW applied for an exemption to visit their son in Queensland after he had a series of strokes. They had hoped to hold his hand when his life support was switched off, but the case was not resolved in time and they could not be by his side.

NoCookies | The Australian

Thanks Anna, Dr Young. You should not have this power, it is too much for you clearly to manage.

Gladys was in the media today hinting about ways that might be used to force a more rational approach on borders... I can’t remember where it was will try and find it.

 

[drron]

Perhaps.

But a key difference is that Qld has the highest hurdles.
only Qld has declared ACT a hotspot that prevents anyone travelling from ACT (regardless of quarantine) from entering Qld without an exemption.
SA has declared ACT a permissible departure point with quarantine arrangement.
Tas allows entry with quarantine.

No Tasmania only allows people with essential worker exemptions or exemptions on compassionate grounds to enter Tasmania.Those on compassionate grounds need to hotel quarantine.
However Tasmania is more compassionate than QLD.When I was working in April to June this year I supported 2 cases for compassionate exemptions.One was a man wh was obviously going to die quickly.His 2 sons were granted exemptions immediately on lodgement so the son from NSW arrived before his father died 24 hours later.Unfortunately his son from NZ arrived the next day but was allowed to attend the funeral.Attending the hospital or funeral they were escorted from the hotel by police and had to wear a surgical mask.
The second case was a fellow with terminal cancer.His son and daughter were granted compassionate exemptions and were escorted daily from the hotel to the hospital each day.Again just had to wear a surgical mask.


Now look at this case in QLD today.This is what they made a woman coming from an area with no covid cases for 60 days wear.
.

Not only that this is what she was told when she asked to be allowed to go to the funeral.

"The 26-year-old earlier told 4BC Radio that she had planned to visit her dad for a father's day surprise but the exemption took 20 days to get approved.

'By the time they got back to me for the approval, dad had already passed away,' she said.

'I asked for an exemption just for a couple of hours to go to the funeral, I wasn't asking them to leave quarantine after that altogether.

'They said I shouldn't even be in Queensland because the exemption for me to come to Queensland was to say goodbye to my dying father, not to go to the funeral.' "

Scott Morrison begs Annastacia Palaszczuk to let woman go to funeral

So even though I do criticise Tassie's border policy it is at least compassionate when it needs to be.

 

[antycbr]

No Tasmania only allows people with essential worker exemptions or exemptions on compassionate grounds to enter Tasmania.Those on compassionate grounds need to hotel quarantine.
However Tasmania is more compassionate than QLD.When I was working in April to June this year I supported 2 cases for compassionate exemptions.One was a man wh was obviously going to die quickly.His 2 sons were granted exemptions immediately on lodgement so the son from NSW arrived before his father died 24 hours later.Unfortunately his son from NZ arrived the next day but was allowed to attend the funeral.Attending the hospital or funeral they were escorted from the hotel by police and had to wear a surgical mask.
The second case was a fellow with terminal cancer.His son and daughter were granted compassionate exemptions and were escorted daily from the hotel to the hospital each day.Again just had to wear a surgical mask.


Now look at this case in QLD today.This is what they made a woman coming from an area with no covid cases for 60 days wear.
View attachment 227213.

Not only that this is what she was told when she asked to be allowed to go to the funeral.

"The 26-year-old earlier told 4BC Radio that she had planned to visit her dad for a father's day surprise but the exemption took 20 days to get approved.

'By the time they got back to me for the approval, dad had already passed away,' she said.

'I asked for an exemption just for a couple of hours to go to the funeral, I wasn't asking them to leave quarantine after that altogether.

'They said I shouldn't even be in Queensland because the exemption for me to come to Queensland was to say goodbye to my dying father, not to go to the funeral.' "

Scott Morrison begs Annastacia Palaszczuk to let woman go to funeral

So even though I do criticise Tassie's border policy it is at least compassionate when it needs to be.

Thank you for sharing and your role in helping facilitate families to be united in moments that really matter.

 

[Pete98765432]

While I think that Queensland could exercise a bit more compassion, I don't envy the (governing) politicians' jobs. Damned if you stick to the rules, damned if you make an exception and it leads to an outbreak.

 

[HappyFlyerFamily]

No Tasmania only allows people with essential worker exemptions or exemptions on compassionate grounds to enter Tasmania.Those on compassionate grounds need to hotel quarantine.
However Tasmania is more compassionate than QLD.When I was working in April to June this year I supported 2 cases for compassionate exemptions.One was a man wh was obviously going to die quickly.His 2 sons were granted exemptions immediately on lodgement so the son from NSW arrived before his father died 24 hours later.Unfortunately his son from NZ arrived the next day but was allowed to attend the funeral.Attending the hospital or funeral they were escorted from the hotel by police and had to wear a surgical mask.
The second case was a fellow with terminal cancer.His son and daughter were granted compassionate exemptions and were escorted daily from the hotel to the hospital each day.Again just had to wear a surgical mask.


So even though I do criticise Tassie's border policy it is at least compassionate when it needs to be.

Not sure if you are disagreeing with my understanding that Tasmania allows people travelling from ACT provided they do quarantine.

Tasmania has not declared ACT an Affected Region so this part is applicable

Coronavirus (COVID-19)

View COVID-19 information from the Department of Health (Tasmania).

coronavirus.tas.gov.au

The following restrictions apply to travellers from within Australia who have not spent time in an Affected Region or Affected Premises in the 14 days prior to arriving in Tasmania. See the above category for restrictions if you have been in these areas.

• Tasmanian residents, who are not classified as Essential Travellers, are required to quarantine for 14 days at their primary residence.
• Non-Tasmanian residents, who are not classified as Essential Travellers, are required to quarantine in government-designated accommodation.
• Essential Travellers are not required to quarantine but must undertake health screening on arrival and comply with the conditions described in Conditions for Essential Travellers. The Deputy State Controller may also apply additional conditions. See Essential Travellers for more information.

Read more about Quarantine, including fees payable for government-designated quarantine.