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

 

[drron]

Sad for the family and just what they didn't need.

Opportunistic & insensitive by ANNA from marketing? Absolutely?

Possibly might be good for a truckload of others in coming weeks if the pressure forces a change of border constraints. After all the recent "changes of mind" by the CHO appear to be from media pressure.

Why?Morrison rang AP and asked her not to say he had rung.She announced it in Parliament,Morrison gets press calls so then goes on the radio.The time sequence has been posted in this thread before.And he says he has made about 40 such calls to AP-why did she decide to publicise this one?
Obviously because she was under pressure for the handling of the case and decided she could turn it around by the bullying accusation.

So I corrected your post for you.

And the QLD opposition leader brought up the case in Parliament but no mention of Morrison's call as she was unaware of it.AP is solely to blame for Morrison going public.

 

[get me outta here]

I like to encourage people to take responsibility for their actions. Morrison did not need to go on the airwaves and turn the funeral into a circus.

Why?Morrison rang AP and asked her not to say he had rung.She announced it in Parliament,Morrison gets press calls so then goes on the radio.The time sequence has been posted in this thread before.And he says he has made about 40 such calls to AP-why did she decide to publicise this one?
Obviously because she was under pressure for the handling of the case and decided she could turn it around by the bullying accusation.

So I corrected your post for you.

And the QLD opposition leader brought up the case in Parliament but no mention of Morrison's call as she was unaware of it.AP is solely to blame for Morrison going public.

 

[drron]

I like to encourage people to take responsibility for their actions. Morrison did not need to go on the airwaves and turn the funeral into a circus.

So why did AP call him a bully.he denied it and has every right to defend himself.
Besides it was already a media circus as the case was on every media outlet the day before Morrison's call.

 

[Pushka]

Has every single person been tested?

Kind of moot if we have no active cases and no one has been in hospital for Covid in months! On the border front, SA set to open up to all but Victoria. At last we are part of Australia again.

Post automatically merged: Sep 14, 2020

And surely that is a problem with a very easy fix - show an ACT driver's licence or boarding the plane is not allowed. For an abundance of caution, the Qld end could then check again on arrival just to make sure there were no stowaways . Much better idea than locking us all out, and really not that hard to do.

And in SA, while Sydney won't likely be an issue very soon, even SA residents have to prove their address before they can depart the arrivals area.

 

[jakeseven7]

Kind of moot if we have no active cases and no one has been in hospital for Covid in months! On the border front, SA set to open up to all but Victoria. At last we are part of Australia again.

And the rate VIC are going should be open to them around November I would think, perhaps October even.

 

[Pushka]

Well there’s a turn up, who’d of thought that doctors and the AMA board are now considered left of centre. Perhaps it is because they think climate change is real and will affect people’s health through heat stress etc. Having read some of their interviews and seen them on television I thought they actually seemed quite reasonable in their responses but yes are possible left of Donald Trump.

I'm surprised you are surprised. That has always been my consideration.

 

[Pushka]

Buzz in SA is that the border with NSW will be open as soon as tomorrow and after the meeting.

 

[jase05]

Buzz in SA is that the border with NSW will be open as soon as tomorrow and after the meeting.

Yes, I heard Marshall this afternoon on radio and it sounded like a given.
I do wonder if that means QLD will shut the border to us or not

 

[p--and--t]

Why?Morrison rang AP and asked her not to say he had rung.She announced it in Parliament,Morrison gets press calls so then goes on the radio.The time sequence has been posted in this thread before.And he says he has made about 40 such calls to AP-why did she decide to publicise this one?
Obviously because she was under pressure for the handling of the case and decided she could turn it around by the bullying accusation.

So I corrected your post for you.

And the QLD opposition leader brought up the case in Parliament but no mention of Morrison's call as she was unaware of it.AP is solely to blame for Morrison going public.

It's a pity that you make so many good posts but then when it's politics you are so loose with the facts.

As posted up thread. Anna did not raise it in Parliament. Please check hansard. It was the opposition that raised the matter in question time and she answered the question.

Please quote a source for "and asked her not to say he had rung"

 

[TheRealTMA]

Why?Morrison rang AP and asked her not to say he had rung.She announced it in Parliament,Morrison gets press calls so then goes on the radio.The time sequence has been posted in this thread before.And he says he has made about 40 such calls to AP-why did she decide to publicise this one?
Obviously because she was under pressure for the handling of the case and decided she could turn it around by the bullying accusation.

So I corrected your post for you.

And the QLD opposition leader brought up the case in Parliament but no mention of Morrison's call as she was unaware of it.AP is solely to blame for Morrison going public.

Again incorrect mis direction. Perhaps you should actually read the link posted in post 1413 and the statements by the eldest daughter who is livid at Scomo and Deb.

 

[Himeno]

And surely that is a problem with a very easy fix - show an ACT driver's licence or boarding the plane is not allowed. For an abundance of caution, the Qld end could then check again on arrival just to make sure there were no stowaways . Much better idea than locking us all out, and really not that hard to do.

Which CBR offered to do and QLD rejected.

 

[antycbr]

Again incorrect mis direction. Perhaps you should actually read the link posted in post 1413 and the statements by the eldest daughter who is livid at Scomo and Deb.

I think we are seeing differences inside the family here. Sarah wouldn’t have done multiple media interviews unless she was keen to push the point.

to then turn around and complain seems disingenuous at best. She wasn’t exactly backward in coming forward.

 

[get me outta here]

As locals will know, Canberrans flocked to the coast once they were allowed to with traffic jams even bigger than boxing day.
Then, covid broke out in some clubs in the Batemans Bay area. People came back to Canberra and isolated.

Some time has passed since all that happened and now CBR is COVID free for 66 days, so we should be fine to start traveling, if we actually want to and are allowed to. Personally, I like it here safe from all the bickering and accusations and false info and police escorts for doctors and manipulation of political information.

 

[drron]

It's a pity that you make so many good posts but then when it's politics you are so loose with the facts.

As posted up thread. Anna did not raise it in Parliament. Please check hansard. It was the opposition that raised the matter in question time and she answered the question.

Please quote a source for "and asked her not to say he had rung"

Anna told the press that the PM had rung and bullied her then Morrison replied.
The Leader of the Opposition raised the matter as it was already a media circus.She did not mention the PM.Read Hansard.
The first person to publicly reveal the call from the PM was AP.That is the important fact.

Then you had AP and her Health Minister trying to blame Peter Dutton for Tom Hanks getting in.Unfortunately for them he released the email from the QLD CHO requesting the approval.

You are deliberately misrepresenting the facts to try and run down the PM.

PS Peta Credlin sent an SMS to the PM alerting him to the matter.He rang back after he had called AP to make sure she wasn't going to publicise the call.

 

[TheRealTMA]

I think we are seeing differences inside the family here. Sarah wouldn’t have done multiple media interviews unless she was keen to push the point.

to then turn around and complain seems disingenuous at best. She wasn’t exactly backward in coming forward.

Lesson for Scomo: Don’t make emotional people in difficult situations fodder for political harassment.

Post automatically merged: Sep 14, 2020

Anna told the press that the PM had rung and bullied her then Morrison replied.
The Leader of the Opposition raised the matter as it was already a media circus.She did not mention the PM.Read Hansard.
The first person to publicly reveal the call from the PM was AP.That is the important fact.

Then you had AP and her Health Minister trying to blame Peter Dutton for Tom Hanks getting in.Unfortunately for them he released the email from the QLD CHO requesting the approval.

You are deliberately misrepresenting the facts to try and run down the PM.

PS Peta Credlin sent an SMS to the PM alerting him to the matter.He rang back after he had called AP to make sure she wasn't going to publicise the call.

Why are you continually pushing a lost debating point? Quoting Peter Credlin? LOL.

 

[p--and--t]

Anna told the press that the PM had rung and bullied her then Morrison replied.
The Leader of the Opposition raised the matter as it was already a media circus.She did not mention the PM.Read Hansard.
The first person to publicly reveal the call from the PM was AP.That is the important fact.

Then you had AP and her Health Minister trying to blame Peter Dutton for Tom Hanks getting in.Unfortunately for them he released the email from the QLD CHO requesting the approval.

You are deliberately misrepresenting the facts to try and run down the PM.

PS Peta Credlin sent an SMS to the PM alerting him to the matter.He rang back after he had called AP to make sure she wasn't going to publicise the call.

Once again you cannot stick to facts. So sad.

I have never mentioned Dutton with respect to Tom Hanks on AFF or any other fora.

Based on track record I don't expect an apology but another change to an unrelated subject.

 

[Pushka]

I think we are seeing differences inside the family here. Sarah wouldn’t have done multiple media interviews unless she was keen to push the point.

to then turn around and complain seems disingenuous at best. She wasn’t exactly backward in coming forward.

Agree. And reading further Alexandra is very upset that her grandmother died and an exemption wasn't provided. The letter that Sarah wrote to AP was scathing. Step families? Who knows the true situation there.

 

[Pete98765432]

Then you had AP and her Health Minister trying to blame Peter Dutton for Tom Hanks getting in.Unfortunately for them he released the email from the QLD CHO requesting the approval.

Both governments are responsible. Qld supported the application and the Feds approved it. Both support the film industry with the Feds announcing $400M to support foreign productions filming in Australia.

So what? None of this helps those seeking compassionate exemptions.

 

[p--and--t]

I think we are seeing differences inside the family here. Sarah wouldn’t have done multiple media interviews unless she was keen to push the point.

to then turn around and complain seems disingenuous at best. She wasn’t exactly backward in coming forward.

Agree, there will always be differences between two or more people even if they are family members.

The daughter did accept the help of the media to try and push her case to get there.

I would expect as a person not normally in the public eye she would not have anticipated various ensuing outcomes, particularly that she would become a political football from two angles, both the upcoming election and the fed-state bickering over the border. People under emotional stress do not always make the best decisions or think things through.

The rest of the family were possibly mere observers of the ongoing and dragged into something they didn't want a part of.

In the end she and her family are not being given to space to grieve.

 

[Himeno]

As locals will know, Canberrans flocked to the coast once they were allowed to with traffic jams even bigger than boxing day.
Then, covid broke out in some clubs in the Batemans Bay area. People came back to Canberra and isolated.

Some time has passed since all that happened and now CBR is COVID free for 66 days, so we should be fine to start traveling, if we actually want to and are allowed to. Personally, I like it here safe from all the bickering and accusations and false info and police escorts for doctors and manipulation of political information.

I've only been outside a 5km radius of home once since I got home from holidays in early December. That one time outside was to a location 11kms away to pick up a click and collect item which the stores website refused to ship.