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]

It’s probably because legally he doesn’t have the final say ... lol

And last week he looked a bit silly announcing something that the committee didn't proceed with.

 

[jakeseven7]

And this afternoon:

Following the case of an infected taxi driver in NSW, however, Mr Marshall expressed caution regarding the decision today.

"We're not going to rush it. We've got to make sure we don't have a second wave here in South Australia," he said.

There is always going to be a ‘taxi’ or ‘hospital’ or ‘gym’ or ‘restaurant’, whatever event..... Always.

Sigh. We desperately desperately need a national approach on border closures and an agreed postcode hotspot definition.

 

[jakeseven7]

Some good news coming for regional Victorians and hopefully SA will follow suit.

Melbourne won’t be too far behind for NSW hopefully if they continue their downward trend.

—-

NSW plans to open border to regional Victorians


NSW Premier Gladys Berejiklian has flagged the possibility of opening her state's southern border after regional Victoria recorded successive days without any new coronavirus cases.

Ms Berejiklian said she was monitoring the situation closely in Victoria and will act swiftly to remove border restrictions.

“These are all the options we’re considering," she said. "But I do want to make sure that we don’t have those border checkpoints for a day longer than we need to,” she said.

Victoria’s peak medical group said it was now safe for NSW to reopen to regional Victoria while tourism groups also welcomed Ms Berejiklian’s comments, saying they provided some hope for the immediate future.

The Australian Medical Association's Victoria president Julian Rait said the low infection rate in regional Victoria meant it was safe to allow its residents to travel in NSW.

“There’s almost zero cases now in the regions so that’s perfectly sensible, if not overdue,” he said.

Tourism and Transport Forum chief executive Margy Osmond said Ms Berejiklian’s comments would allow the industry to begin planning for the next step

Rural Councils Victoria deputy chair Jenny O’Connor, who is also the mayor of Indigo Shire in the state’s north-east, said it was safe for Ms Berejiklian to open up to regional Victoria because numbers were so low.

NSW could open border to regional Victorians but not 'Melbourne-ites'

Premier Gladys Berejiklian doesn't want border checkpoints in place 'for a day longer than we need' after 14-day average in regional Victoria fell to 1.6 cases.

www.smh.com.au

 

[jakeseven7]

Under pressure to justify going against health advice (of 0.0001% risk) we have this backflip from Tasmania which is a good first step.

Personally I don’t believe a word of this until it happens because clearly there is concern with Tas Health’s ability to manage the inevitable cases that will pop up once people start moving, but fingers crossed, desperate to get to Tassie!

———

Tasmanian Premier says state's borders could open by end of October


Tasmania's borders could open at the end of October to COVID-safe states, Premier Peter Gutwein says.

Mr Gutwein said State Controller Darren Hine was looking at that possibility in association with Public Health Services.

States that fall into the COVID-safe category at the moment include South Australia, Western Australia, and the Northern Territory.

Depending on pandemic management in the coming weeks, the ACT, New South Wales and Queensland could also be identified as COVID-safe.

Mr Gutwein said the state's hospital preparedness and preparedness of the aged care sector would also inform the decision on whether to open borders earlier than December 1.

"I think there is a good chance we would be able to open towards the end October," he said.

Borders could open sooner

Tasmania might be open to COVID-safe states by the end of next month.

www.examiner.com.au

 

[p--and--t]

Some good news coming for regional Victorians and hopefully SA will follow suit.

Melbourne won’t be too far behind for NSW hopefully if they continue their downward trend.

—-

NSW plans to open border to regional Victorians


NSW Premier Gladys Berejiklian has flagged the possibility of opening her state's southern border after regional Victoria recorded successive days without any new coronavirus cases.

Ms Berejiklian said she was monitoring the situation closely in Victoria and will act swiftly to remove border restrictions.

“These are all the options we’re considering," she said. "But I do want to make sure that we don’t have those border checkpoints for a day longer than we need to,” she said.

Victoria’s peak medical group said it was now safe for NSW to reopen to regional Victoria while tourism groups also welcomed Ms Berejiklian’s comments, saying they provided some hope for the immediate future.

The Australian Medical Association's Victoria president Julian Rait said the low infection rate in regional Victoria meant it was safe to allow its residents to travel in NSW.

“There’s almost zero cases now in the regions so that’s perfectly sensible, if not overdue,” he said.

Tourism and Transport Forum chief executive Margy Osmond said Ms Berejiklian’s comments would allow the industry to begin planning for the next step

Rural Councils Victoria deputy chair Jenny O’Connor, who is also the mayor of Indigo Shire in the state’s north-east, said it was safe for Ms Berejiklian to open up to regional Victoria because numbers were so low.

NSW could open border to regional Victorians but not 'Melbourne-ites'

Premier Gladys Berejiklian doesn't want border checkpoints in place 'for a day longer than we need' after 14-day average in regional Victoria fell to 1.6 cases.

www.smh.com.au

Long list of epidemiologists there expressing their learned opinions.

So many talking heads rabbiting on. How about we ask the two CHOs?

 

[jakeseven7]

Long list of epidemiologists there expressing their learned opinions.

So many talking heads rabbiting on. How about we ask the two CHOs?

The fact that Gladys has given a nod that it’s under consideration means Dr Chant is onboard. They actually seem to talk to each other which is amazing.

 

[p--and--t]

The fact that Gladys has given a nod that it’s under consideration means Dr Chant is onboard. They actually seem to talk to each other which is amazing.

Yes. But what would the mayor know. And why is the AMA sticking their nose in contradicting when a medico is in charge. And how can the tourism forum plan anything until there is a date. Talking heads rabbiting on. The media feeding a load of cough to feed clickbait. That's why the TV has been off at my place the last couple days.

Sorry, as you can probably tell, bad iso day.

 

[jakeseven7]

Yes. But what would the mayor know. And why is the AMA sticking their nose in contradicting when a medico is in charge. And how can the tourism forum plan anything until there is a date. Talking heads rabbiting on. The media feeding a load of cough to feed clickbait. That's why the TV has been off at my place the last couple days.

Sorry, as you can probably tell, bad iso day.

Don’t apologise understand and hope today is a bit brighter

Oh yes totally agree the pile on is meaningless in terms of telling us when NSW border might open to VIC, but the fact it has such broad support is really important to it happening.

But yes the most important thing is that NSW are clearly in favour of borders being removed, are happy to accept this may mean some cases are imported / exported but are clearly satisfied they can be managed with the NSW-VIC deep suppression approach of testing and contact tracing.

And yes the AMA has been a bit of a basket case throughout this pandemic - we heard 2 people have been asked to resign after the blow up here in QLD..... They are so inconsistent, it is difficult to understand what they are actually trying to do....

 

[Pushka]

And why is the AMA sticking their nose in contradicting when a medico is in charge.

AMA is trying to find a voice which has been lost whilst CMO's have the power in each state.

Victoria will get there and everything must be done to keep it there. On the other hand Australia really needs to keep the virus under control but not shut down everything in the process.

 

[jakeseven7]

Another backflip alert

Good news finally for the poor regional NSW communities locked out of QLD.

And broader NSW inc Sydney we should see an announcement not too far away given South Australia has just opening up, puts even more pressure on QLD to justify their position that still has Sydney marked as a 'hot spot'* and must pass QLD's benchmark set for Sydney of 28 days no community transmission before QLD will allow them to travel.

QLD says their hot spot definition and border restrictions with Sydney are 'being reviewed'. I guess its the end of the month so they *have to*

*agreed on by no one apart from QLD
--

BREAKING: Queensland throws open borders to parts of NSW


Queensland will throw open its borders to five New South Wales Shires from next weekend. Byron, Ballina, Lismore, Richmond Valley, and Glenn Innes shires will be welcome in Queensland from 1am on October 1, with Queensland residents allowed to travel to those regions.

Chief health officer Dr Jeannette Young said she hoped it would make life easier for northern NSW residents.

“It is safe to open up. The people that live on that border have a lot more to do with Queensland than they do with NSW. Dr Young said. “We know the difficulties (border closures) we have caused those communities.”

It comes as Queensland reopens its borders to the ACT as of Friday, September 25.

Queensland throws open borders to more NSW shires

Queensland will throw open its borders to five additional New South Wales Shires from next weekend.

www.news.com.au

 

[jakeseven7]

Can we ask Dr Spurrier to talk some common sense to Dr Young now? Or can we do a swapsies ?


---
BREAKING: South Australia opens borders to all of NSW

SA health chief says it is time to return to normal


South Australia's Chief Public Health Officer Dr Nicola Spurrier says opening the border with NSW does increase the risk of importation of new cases of COVID-19 but it's the right time to do it because society needs to start getting further back towards normal.

"We can't just wrap ourselves in cotton wool forever,'' Dr Spurrier said.

She advises people from SA who are now planning trips to NSW to closely monitor the NSW Health website to track local cases, and to wear a mask on planes.

The SA-NSW border will re-open from midnight on Wednesday night.

Coronavirus live updates: Europe offers vaccine makers indemnity over potential side effects

RBA deputy governor Guy Debelle says WA's closed borders and Victoria's shutdown are dragging on the economy; infections could be more common on planes than first thought. Follow updates here.

www.afr.com

 

[Pushka]

People who enter SA prior to midnight from NSW still have to iso and be tested.

 

[antycbr]

"We can't just wrap ourselves in cotton wool forever,'' Dr Spurrier said.

Nice to see a risk balance approach.

 

[Pushka]

Nice to see a risk balance approach.

Extreme surprise here in SA I can tell you! And agree.

 

[BNEFlyer]

Nice to see a risk balance approach.

She's absolutely right, but I still agree with the approach of Dr Young. Particularly as the QLD/NSW border is more populous than the SA/NSW one. And it seems everyone and their dog in NSW is desperate to come to QLD.

 

[antycbr]

She's absolutely right, but I still agree with the approach of Dr Young. Particularly as the QLD/NSW border is more populous than the SA/NSW one. And it seems everyone and their dog in NSW is desperate to come to QLD.

So anyone from NSW, and now SA, can go to Byron, and anyone from Queensland can go to Byron.

Not really sure how the checkpoint charlie arrangement at Friedrichstraße M1 northbound helps enforce quarantine controls.

 

[jakeseven7]

Update from the QLD announcement.

QLD have completed their monthly review of borders. They are unfortunately unable to review border restrictions more than monthly in contrast to weekly for other states.

Sydney restrictions therefore will not be reviewed until mid October. We do apologise about this but that means technically Sydney will actually have to achieve over 28 days of no community transmission / mystery cases before QLD can make a decision - because of the timing of our monthly meetings which is all we can manage.

However, the SA announcement has just poured a heap more pressure on QLD to justify...

 

[blackcat20]

Update from the QLD announcement.

QLD have completed their monthly review of borders. They are unfortunately unable to review border restrictions more than monthly in contrast to weekly for other states.

Sydney restrictions therefore will not be reviewed until mid October. We do apologise about this but that means technically Sydney will actually have to achieve over 28 days of no community transmission / mystery cases before QLD can make a decision - because of the timing of our monthly meetings which is all we can manage.

However, the SA announcement has just poured a heap more pressure on QLD to justify...

That's pretty pathetic on their part.

 

[p--and--t]

unable to review border restrictions more than monthly

Give them a break, must be very stressful having to attend a meeting, read a report and make a decision EVERY month.

Also they won't have the benefit of that extra hour during daylight savings like the southern states

 

[DC3]

.... Also they won't have the benefit of that extra hour during daylight savings like the southern states

The 25-hour day is almost here again.