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

 

[Bundy Bear]

I thought AP as the premier the buck would stop with her but seems like Anna is passing it on to Dr Young and she will be made to look like the fall guy but it should the premier.

 

[CMA222]

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

The Border Restrictions Direction No.13 (Border restrictions Direction (No. 13) | Queensland Health says:
.........
Further to this declaration, l, Dr Jeannette Young, Chief Health Officer, reasonably believe it is necessary to give the following directions pursuant to the powers under s362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.
.........
Part 4—OTHER MATTERS

1. The Chief Health Officer may give a person or class of persons an exemption:
   1. to enter Queensland if the Chief Health Officer considers the person is essential for the proper functioning of the State and the person must be physically present in Queensland; or
   2. from a requirement in this Direction if other extreme exceptional circumstances exist.
2. An emergency officer (public health) can require any person to quarantine if the emergency officer believes the direction is reasonably necessary to assist in containing, or to respond to, the spread of COVID-19 within the community.
3. Only the Chief Health Officer or the Deputy Chief Health Officer can exempt a person from entering quarantine as required under this Direction.

1. An emergency officer (public health) may direct a person to enter by road if the emergency officer believes it is reasonably necessary to respond to an emergency or serious situation.

Seems like the power has been very widely interpreted by the CHO. With discretion comes great responsibility but....

 

[HappyFlyerFamily]

The Border Restrictions Direction No.13 (Border restrictions Direction (No. 13) | Queensland Health says:
.........
Further to this declaration, l, Dr Jeannette Young, Chief Health Officer, reasonably believe it is necessary to give the following directions pursuant to the powers under s362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.
.........
Part 4—OTHER MATTERS

1. The Chief Health Officer may give a person or class of persons an exemption:
   1. to enter Queensland if the Chief Health Officer considers the person is essential for the proper functioning of the State and the person must be physically present in Queensland; or
   2. from a requirement in this Direction if other extreme exceptional circumstances exist.
2. An emergency officer (public health) can require any person to quarantine if the emergency officer believes the direction is reasonably necessary to assist in containing, or to respond to, the spread of COVID-19 within the community.
3. Only the Chief Health Officer or the Deputy Chief Health Officer can exempt a person from entering quarantine as required under this Direction.
4. An emergency officer (public health) may direct a person to enter by road if the emergency officer believes it is reasonably necessary to respond to an emergency or serious situation.

Seems like the power has been very widely interpreted by the CHO. With discretion comes great responsibility but....

Yes, I’ve read and quoted that previously. Not sure how economic factors are essential for proper functioning Or extreme exceptional circumstance

 

[nutwood]

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

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.

I must confess I am also gob smacked. Not at the reason but that she was so stupid as to state the reason. We may all know how they think, but for a Government official to state that a film star's money is more important than a dying parent being with their child indicates a total disconnection from the real world. Truly gob smacking!

 

[Pushka]

I must confess I am also gob smacked. Not at the reason but that she was so stupid as to state the reason. We may all know how they think, but for a Government official to state that a film star's money is more important than a dying parent being with their child indicates a total disconnection from the real world. Truly gob smacking!

Its also the first time I have heard a CMO discussing that a health decision was made as a result of a financial one.

 

[jakeseven7]

Beginning to feel Anna is lining Dr Young up to be fired.....

The NT border backflip could not have come at a worse / more perfect (?!) time....


——-

Pressure on Palaszczuk border policy hits new heights with NT border decision and protests in Brisbane


A Queenslwho has had a “gutful” of border closures has taken to the sky to express his displeasure at Queensland Premier Annastacia Palaszczuk.

John McInerney said he paid $2000 out of his own pocket for the sign “Vote Her Out” to be flown by light aircraft across the Gold Coast and Brisbane for three hours on Friday.

His political protest came as Northern Territory’s Chief Minister Michael Gunner said he will open the NT’s borders to NSW next month, with Victoria likely to follow thereafter

This will place more pressure of Ms Palaszczuk to open the border to Sydney residents — especially with school holidays this month.

Ms Palaszczuk on Thursday told Queenslanders that it was the chief health officer and not herself who was responsible for border closures and who was eligible for border exemptions.

Ms Palaszczuk was responding to intense criticism over a decision to not allow Sarah Caisip to attend her father’s funeral, instead she was allowed to briefly view his body at a funeral home after the service – but only while wearing full protective equipment and isolated from her family, whilst AFL officials and movie stars receive 5 star treatment and fast tracked exemptions from the Queensland Government.

Palaszczuk under pressure from all angles to reopen border

A Gold Coast landscaper who has had a “gutful” of border closures has taken to the sky to express his displeasure at Queensland Premier Annastacia Palaszczuk.

www.news.com.au

 

[Seat0B]

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.

well unless the exception is for a whole footy competition + hangers on

 

[jakeseven7]

Amazing what kind of common sense a electorally secure leader can come up with....

———

NT border set to open to Sydney residents from October

Sydneysiders will be allowed into the Top End from early next month, with Northern Territory’s Chief Minister Michael Gunner saying he will eliminate Sydney as a “hot spot” from next month.

Addressing media in Darwin, Mr Gunner said the lowering number in Victoria were “encouraging” and under constant review, but will remain a “hotspot” for now.

“The Northern Territory will plan to remove the hot spot status declaration for Greater Sydney in 28 days’ time,” Mr Gunner said, noting visitors from Greater Sydney will not have to do mandatory hotel quarantine from next month.

Border set to open to Sydney residents

Sydneysiders may be allowed into the Top End from early next month, with Northern Territory’s Chief Minister Michael Gunner saying he will eliminate Sydney as a “hot spot” from next month.

www.news.com.au

 

[Seat0B]

Looks like the go fund me campaign will raise enough for all four children, the spouse and the parents of the dying man to do their quarantine, if they are able to get exemptions. This is a story out of the Soviet bloc, surely, not my Australia.

 

[HappyFlyerFamily]

Amazing what kind of common sense a electorally secure leader can come up with....

.

Border set to open to Sydney residents

Sydneysiders may be allowed into the Top End from early next month, with Northern Territory’s Chief Minister Michael Gunner saying he will eliminate Sydney as a “hot spot” from next month.

www.news.com.au

To be fair, the NT Chief Minister did remove the Brisbane/Logan hotspot after a short time, so I feel it was a matter of time for NSW/Sydney getting better numbers. Now the goalposts changed a Bit with the upcoming hotspot definition.

 

[jase05]

62,000 Victorians have gone and they are using the NT as a loophole to travel around Australia. Some are there and working from home!

And some have even revealed their Victorian bosses don’t even know where they are and assume they are simply “working from home”.

Since July 17, a stunning 62,974 people entered the Territory by road, rail, sea and air — an extraordinary figure that is close to half the population of Darwin.

Only arrivals from hotspots including Melbourne and Sydney need to pay $2500 for the two-week quarantine before they are free to fly almost anywhere else across Australia.

 

[Seat0B]

62,000 Victorians have gone and they are using the NT as a loophole to travel around Australia. Some are there and working from home!

And some have even revealed their Victorian bosses don’t even know where they are and assume they are simply “working from home”.

Since July 17, a stunning 62,974 people entered the Territory by road, rail, sea and air — an extraordinary figure that is close to half the population of Darwin.

Only arrivals from hotspots including Melbourne and Sydney need to pay $2500 for the two-week quarantine before they are free to fly almost anywhere else across Australia.

And that's a much better way to bring dollars into your state than special deals for Tom Hanks etc, in my opinion. YMMV.

 

[HappyFlyerFamily]

62,000 Victorians have gone and they are using the NT as a loophole to travel around Australia. Some are there and working from home!

And some have even revealed their Victorian bosses don’t even know where they are and assume they are simply “working from home”.

Since July 17, a stunning 62,974 people entered the Territory by road, rail, sea and air — an extraordinary figure that is close to half the population of Darwin.

Only arrivals from hotspots including Melbourne and Sydney need to pay $2500 for the two-week quarantine before they are free to fly almost anywhere else across Australia.

Hence my support that NT have the best border measures if you needed to have one. Even affected areas can come provided they do mandatory quarantine (since no one seems to trust voluntary isolation or support GPS/ankle bracelet monitoring of isolation/quarantine).

Post automatically merged: Sep 11, 2020

And that's a much better way to bring dollars into your state than special deals for Tom Hanks etc, in my opinion. YMMV.

I think they are losing money still, hence why NT Chief Minister was having a whinge at being used to transit to say Qld.

 

[jakeseven7]

62,000 Victorians have gone and they are using the NT as a loophole to travel around Australia. Some are there and working from home!

‘That would explain why there is so much community transmission in the NT then’ - Dr Jeanette Young, expert...

 

[HappyFlyerFamily]

62,000 Victorians have gone and they are using the NT as a loophole to travel around Australia. Some are there and working from home!

And some have even revealed their Victorian bosses don’t even know where they are and assume they are simply “working from home”.

Since July 17, a stunning 62,974 people entered the Territory by road, rail, sea and air — an extraordinary figure that is close to half the population of Darwin.

Only arrivals from hotspots including Melbourne and Sydney need to pay $2500 for the two-week quarantine before they are free to fly almost anywhere else across Australia.

‘That would explain why there is so much community transmission in the NT then’ - Dr Jeanette Young, expert...

A further point is that I doubt they all came from Victoria.

But isn’t it interesting that with 62,000-odd entries, the last 4 cases in NT are:
- Darwin man, who I recall had to go to Melbourne for treatment (31 July)
- that person’s wife (1 August)
- a visiting US marine (10 July)
- Darwin man returning via Melbourne 14 day quarantine arriving from Pakistan (2 July)?

 

[TheRealTMA]

And that's a much better way to bring dollars into your state than special deals for Tom Hanks etc, in my opinion. YMMV.

Peter Dutton's border force approved Tom Hanks' return to Australia

The home affairs minister has criticised the Queensland premier over Hanks’ return, despite the state obtaining federal approval

www.theguardian.com

 

[Pushka]

Peter Dutton's border force approved Tom Hanks' return to Australia

The home affairs minister has criticised the Queensland premier over Hanks’ return, despite the state obtaining federal approval

www.theguardian.com

I dont think there is an issue with approving him to come to Australia. That has been happening all the time. The issue is that he could choose his hotel to quarantine in by Qld presumably and that is not granted to us mere mortals. As for the Minister himself? Have no comment. He just isnt reported on much in SA.

 

[TheRealTMA]

I dont think there is an issue with approving him to come to Australia. That has been happening all the time. The issue is that he could choose his hotel to quarantine in by Qld presumably and that is not granted to us mere mortals.

And, since he has had CV, is there an issue with him returning? He’s not going to be contagious.

 

[Pushka]

And, since he has had CV, is there an issue with him returning? He’s not going to be contagious.

I wondered that. But I dont know given reports of repeated bouts. not sure anyone does.

 

[Pete98765432]

And that's a much better way to bring dollars into your state than special deals for Tom Hanks etc, in my opinion. YMMV.

Doesn't letting Tom Hanks return to Queensland allow the production of his film to continue, providing employment to the local production crew?