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

 

[Pushka]

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.

SA was going to open back in July but then the Vic spread to Sydney prompted a rethink. But it will be open I'd say by the end of next week. Then the only state out of bounds to SA will be Victoria. Besides, SA doesnt count when it comes to media outrage

 

[Pete98765432]

SA was going to open back in July but then the Vic spread to Sydney prompted a rethink. But it will be open I'd say by the end of next week. Then the only state out of bounds to SA will be Victoria. Besides, SA doesnt count when it comes to media outrage

I've heard that SA is reviewing their border arrangements. I'll be on a plane to Adelaide as soon as I'm allowed there (without quarantine). It's been a while since I've been there and I need the flight segments to maintain QF platinum.

 

[straitman]

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.

They are all doing it. What about the majority of country Victoria being tarred by the Melbourne brush. Most of Victoria has had minimal or nothing for months but aren't allowed to do anything within or external to the state.

 

[Pushka]

I've heard that SA is reviewing their border arrangements. I'll be on a plane to Adelaide as soon as I'm allowed there (without quarantine). It's been a while since I've been there and I need the flight segments to maintain QF platinum.

We are having a very nice spring here at the moment.

 

[MEL_Traveller]

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.

But by your reasoning, neither could business? Private aged care homes (and the Feds there too). Private security contractors. Private cruise ships. Private quarantine hotels. Surely your argument must equally be that we can't trust private business to do the right thing or to act safely?

 

[drron]

Well I live in an area of QLD that has not been declared a hotspot by Tasmania.I could not travel to Tasmania without an exemption.My wife can now get an exemption on compassionate grounds but must still do the 14 day quarantine and only travel with me.
On the JQ flight BNE-LST you could not board if you could not prove you were a Tasmanian resident or could show your exemtion pass.
So no ACT residents can't just get on a plane and travel to Tasmania.If you are not an exempt traveller you will be up for 14 days quarantine.

 

[Pushka]

Thankfully the family of four kids will be allowed to visit their dying father but first they must pay for 14 day quarantine at a cost of $16,000 they must pay. I heard Paul Murray last night after the footy promoting a go fund me page to raise travel money. By midnight it was up to $100,000 and now its over $200,000. Not hard to find it if you are interested in donating.

Seems to me that in trying to save humanity we have lost our humanity.

 

[nutwood]

I think the critical difference between Tasmania and Queensland is that Tasmania allows residents to self isolate at home. Throughout April and May this was not the case and you can see me complaining about this, earlier in the thread.
Queensland appear to have lost the plot and are simply being tough for the sake of being tough. The objective of the border closures is to prevent the spread of Covid. In all these high profile cases, it should not have been hard to assess the risk and mitigate against it. The current approach is counter productive. While they are busy fighting to exclude healthy people, who applied through proper channels, there are probably dozens sneaking in after being in Melbourne. Took years to stop people crossing the Berlin Wall. What hope thousands of kilometers of open border?

 

[straitman]

Thankfully the family of four kids will be allowed to visit their dying father but first they must pay for 14 day quarantine at a cost of $16,000 they must pay. I heard Paul Murray last night after the footy promoting a go fund me page to raise travel money. By midnight it was up to $100,000 and now its over $200,000. Not hard to find it if you are interested in donating.

Seems to me that in trying to save humanity we have lost our humanity.

The Prime Minister even personally tipped in $1000

 

[james4321]

Thankfully the family of four kids will be allowed to visit their dying father but first they must pay for 14 day quarantine at a cost of $16,000 they must pay. I heard Paul Murray last night after the footy promoting a go fund me page to raise travel money. By midnight it was up to $100,000 and now its over $200,000. Not hard to find it if you are interested in donating.

Seems to me that in trying to save humanity we have lost our humanity.

And BTW - Kudos to the QLD authorities for reviewing the case. The figure of $16,000 must be for more than just hotel quarantine, I understand that to be around $2,800 per person, maybe there's a bit of fat in the numbers? (if from Sky News that would probably be the case )

 

[jakeseven7]

Thankfully the family of four kids will be allowed to visit their dying father but first they must pay for 14 day quarantine at a cost of $16,000 they must pay. I heard Paul Murray last night after the footy promoting a go fund me page to raise travel money. By midnight it was up to $100,000 and now its over $200,000. Not hard to find it if you are interested in donating.

Seems to me that in trying to save humanity we have lost our humanity.

Congratulations to all who forced the QLDs government hand to actually do something and show some compassion over their state border policy. Only another 39 cases to go and I’m sure every single day they are piling up more as well.

Dr Young looked like she’d been forced to suck lemons..... so again hopefully this is a lesson for her and Anna you can’t treat people this way and expect Australians to accept it.

 

[jakeseven7]

I think the critical difference between Tasmania and Queensland is that Tasmania allows residents to self isolate at home. Throughout April and May this was not the case and you can see me complaining about this, earlier in the thread.
Queensland appear to have lost the plot and are simply being tough for the sake of being tough. The objective of the border closures is to prevent the spread of Covid. In all these high profile cases, it should not have been hard to assess the risk and mitigate against it. The current approach is counter productive. While they are busy fighting to exclude healthy people, who applied through proper channels, there are probably dozens sneaking in after being in Melbourne. Took years to stop people crossing the Berlin Wall. What hope thousands of kilometers of open border?

Yep agree but the Tasmanian state border policy is also massively flawed.

It was reported (and posted here) that the Premier has moved away from the medical advice (like WA) in still banning arrivals from lower risk areas like SA etc to ‘political’ judgements....

In fact the Tas CHO was cornered and asked what the actual risk assessment was and what advice was provided to inform the border closures decision and he replied it was 1 in 10,000,000 chance of someone bringing it to Tasmania from SA, NT, ACT, WA.

To be clear that’s 0.00001% risk for those that think % are easier to interpret. Absolutely crazy.

 

[nutwood]

Yep agree but the Tasmanian state border policy is also massively flawed.

It was reported (and posted here) that the Premier has moved away from the medical advice (like WA) in still banning arrivals from lower risk areas like SA etc to ‘political’ judgements....

In fact the Tas CHO was cornered and asked what the actual risk assessment was and what advice was provided to inform the border closures decision and he replied it was 1 in 10,000,000 chance of someone bringing it to Tasmania from SA, NT, ACT, WA.

To be clear that’s 0.00001% risk for those that think % are easier to interpret. Absolutely crazy.

Totally agree but credible risk assessment is sadly lacking from all jurisdictions. Certainly, from a personal perspective, the majority of restrictions have hugely increased my level of risk. As an example, for me to fly to SA, I now have to drive 250 km to Hobart Airport to catch a 7.30 pm Jetstar flight. I return at 6.50 pm and drive 250 km home again. I can't fly Qantas from Launceston as I'd have to pass through Melbourne airport.
So the outcome is that I've swapped the minuscule risk of contracting Covid at Melbourne airport, for the very real risk of two night drives on the Midland Highway.

 

[pjm99au]

And BTW - Kudos to the QLD authorities for reviewing the case. The figure of $16,000 must be for more than just hotel quarantine, I understand that to be around $2,800 per person, maybe there's a bit of fat in the numbers? (if from Sky News that would probably be the case )

They’re children they will need at least one adult with them. The better question would be why are the QLD government charging them at all?

 

[james4321]

They’re children they will need at least one adult with them. The better question would be why are the QLD government charging them at all?

Why shouldn't they pay for their quarantine? My family had to, and I agreed with that. I dont see why this family should be different.

 

[jakeseven7]

They’re children they will need at least one adult with them. The better question would be why are the QLD government charging them at all?

Probably out of spite as they were forced by public opinion to correct their behaviour

But more optimistically hopefully because they are going to announce a relaxation of restrictions soon and the costs will spiral out of control if they don’t? (Doubt it but hoping)

 

[jakeseven7]

Absolutely gob smacking, there are now calls for the QLD CHO to tender her resignation on QLD talkback this AM....


——-
Qld border crisis: Explosive comment exposes Queensland’s double standards


Amongst accusations of double standards, Queensland authorities have revealed why celebrities like Tom Hanks are allowed into the state while grieving families aren’t.

Prime Minister Scott Morrison and other senior federal government figures have strongly criticised the state after Queensland let in hundreds of AFL officials and stars like Tom Hanks, while families needing treatment or wanting to say goodbye to their loved ones were turned away and told they were being selfish.

Outrage hit fever pitch yesterday, when Queensland health officials refused to allow Canberra woman Sarah Caisip, 26, out of hotel quarantine to attend her father’s funeral in Brisbane.

Dr Jeannette Young said the reason for allowing film stars to pass into the state because “we need every single dollar in our state”.

“I have given exemptions from people in entertainment and film because that is bringing a lot of money into this state,” she said in a statement emailed to The Courier Mail.

Mr Morrison told Sky News overnight it was clear there were double standards at play.

“Well I think that’s why people have been so frustrated today, when they see double standards,” he said.

‘We need every dollar’: Comment exposes Queensland’s double standards

Despite cries of double standards, Queensland authorities have revealed why celebrities like Tom Hanks are allowed into the state while grieving families aren’t.

www.news.com.au

 

[HappyFlyerFamily]

Absolutely gob smacking, there are now calls for the QLD CHO to tender her resignation on QLD talkback this AM....

‘We need every dollar’: Comment exposes Queensland’s double standards

Despite cries of double standards, Queensland authorities have revealed why celebrities like Tom Hanks are allowed into the state while grieving families aren’t.

www.news.com.au

Not sure why it’s gob-smacking. A CHO taking into account economic factors for a health decision doesn’t sound right.

 

[jakeseven7]

Not sure why it’s gob-smacking. A CHO taking into account economic factors for a health decision doesn’t sound right.

Yes and that’s why the murmurs about her have started to turn into real questions about her ability and the calls for resignations are about her decision making process, her actual decisions, the time she takes to make them and also now the fact that she may be over reaching.

There were also comments about how her decisions seem to favour Anna’s election campaigning.... a stretch? Who knows... it’s very very murky up here...

 

[DC3]

Why shouldn't they pay for their quarantine? My family had to, and I agreed with that. I dont see why this family should be different.

Exactly. Either, they pay, or we (through our taxes) pay it for them.