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

 

[MEL_Traveller]

It think the commentary looks at the two possible angles of argument. But my reading of the commentary suggests if the underlying purpose is shown to be health related (not protectionist), then it may well stand?

 

[drron]

Well the only time that State borders have been closed in a pandemic before this was in 1919 when Australia was hit with the Spanish flu.There were 2 million cases and 15000 deaths that year.The population was just over 5 million so ann equivalent mortality in 2020 would be 75000.A third of the deaths from the flu were adults between the ages of 25-34.
The number of active cases now is less than an average flu season.And with the flu we do not test everyone with symptoms or contacts.Plus if someone is in a palliative care ward gets the flu and dies the cause of death is often put down as the condition that had put them into that ward.

So the health situation today is a lot less dire than the last time State borders were closed.

 

[MEL_Traveller]

Well the only time that State borders have been closed in a pandemic before this was in 1919...

To be fair, I think there have only been two other pandemics since 1919? So on that basis we're running at about 50/50 for border closure in response to a pandemic

 

[drron]

Only 3 influenza pandemics since 1919 but for example there has been SARS and HIV pandemics and a couple of others as well.
In 2009 it was the Swine flu and we did indeed lock down Aged Care facilities then as well as seeing Victoria's contact tracing team being overwhelmed so testing was ceased.

 

[jakeseven7]

All States to pay for and patrol their own borders if they deem it necessary... a massive chunk of these are on the NSW-QLD border but leaving now in 5 days.

QLD has been bleating that they were singled out, but all states lose their support except VIC which makes sense (For the time being).


----

ADF to withdraw from patrolling state borders


Australian Defence Force (ADF) personnel are going to be withdrawn from all state borders except for Victoria, with states being told by the Federal Government to manage their own crossings.

In a statement, a spokesperson for Defence confirmed it would not be extending agreements it has with Queensland, Western Australia, South Australia, New South Wales and the Northern Territory.

Defence said personnel in Queensland and Western Australian would be withdrawn when agreements with each state end on September 30.

"The Commander of the Defence COVID-19 Taskforce, Lieutenant General John Frewen, has briefed National Cabinet on current ADF COVID-19 support to the states and territories and the need for Defence to begin prioritising preparation for the high-risk weather season," they said.

"There are currently 2,769 ADF personnel deployed around Australia as part of Operation COVID-19 Assist."

ADF to step down from all state border patrols except Victoria

Australian Defence Force personnel are going to be withdrawn from all state borders except for Victoria, with states being told by the Federal Government to manage their own crossings.

www.abc.net.au

 

[jakeseven7]

Sigh.... as many predicted.... can't possibly meet any more often than monthly its just NOT possible

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

Queensland may wait another 5 weeks to open border to NSW

Following the announcement that more NSW postcodes will be allowed into Queensland from October 1, Deputy Premier Steven Miles says the rest of the state could be forced to wait more than a month for entry.

On Tuesday, the Palaszczuk Government announced the Sunshine State will relax the hard line restrictions for some postcodes to cross the border.

Residents in other parts of NSW, however, will have to wait a good while yet with Mr Miles insisting that an assessment for the rest of the state cannot be made until the end of October.

That date will likely coincide with the Queensland state election.

“We will assess all the border restrictions toward the end of every month and that’s what we intended to do this month and will do next month, we do it monthly as we have stated before” he said, under continued questioning on why Australians have to wait so long for the review.

The closed border has been slammed by the Federal Government as having no medical backing with the decisions made by Queensland CHO, Dr Jeannette Young widely criticised as lacking evidence-based support.

Coronavirus Australia live: Victoria, Qld, NSW COVID-19 updates

Australia has reacted to Daniel Andrews' hotel quarantine program testimony, calling the Victorian Premier's lack of answers over who gave the green light to use private security "staggering".

www.news.com.au

 

[Pushka]

Swine Flu was a pandemic and I remember nothing like this happened. And we travelled and worked in SIngapore during SARS. DR was more concerned we could contract Dengue.

 

[antycbr]

Sigh.... as many predicted.... can't possibly meet any more often than monthly its just NOT possible

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

Queensland may wait another 5 weeks to open border to NSW

Following the announcement that more NSW postcodes will be allowed into Queensland from October 1, Deputy Premier Steven Miles says the rest of the state could be forced to wait more than a month for entry.

On Tuesday, the Palaszczuk Government announced the Sunshine State will relax the hard line restrictions for some postcodes to cross the border.

Residents in other parts of NSW, however, will have to wait a good while yet with Mr Miles insisting that an assessment for the rest of the state cannot be made until the end of October.

That date will likely coincide with the Queensland state election.

“We will assess all the border restrictions toward the end of every month and that’s what we intended to do this month and will do next month, we do it monthly as we have stated before” he said, under continue questioning on why Australians have to wait so long for the review.

The closed border has been slammed by the Federal Government as having no medical backing with the decisions made by Queensland CHO, Dr Jeannette Young widely criticised as lacking evidence-based support.

Coronavirus Australia live: Victoria, Qld, NSW COVID-19 updates

Australia has reacted to Daniel Andrews' hotel quarantine program testimony, calling the Victorian Premier's lack of answers over who gave the green light to use private security "staggering".

www.news.com.au

So Queenslanders can now mingle in Byron Bay with people from Sydney - and trust me there are a LOT of people from Sydney flying up - and then go home without isolation anywhere in Queensland.

This infuriates me. When they restricted their own citizens at least the inconvenience was felt on BOTH sides of the border. Now Queensland is having its cake and eating it too.

Furious.

 

[DC3]

So Queenslanders can now mingle in Byron Bay with people from Sydney - and trust me there are a LOT of people from Sydney flying up - and then go home without isolation anywhere in Queensland ...

Byron Bay? Must avoid. .

I will be going further north (from BNE) to Cairns/ Port Douglas/Daintree, and maybe Cooktown.

 

[james4321]

So Queenslanders can now mingle in Byron Bay with people from Sydney -

But would we want to?

 

[jakeseven7]

But would we want to?

Of course, loads of us have family, businesses there.

 

[TheRealTMA]

Byron Bay? Must avoid. .

I will be going further north (from BNE) to Cairns/ Port Douglas/Daintree, and maybe Cooktown.

Oh I can’t wait to go and join Pete Evan’s covidiot community!

 

[jakeseven7]

QLD State border restrictions leading to increase in crime, as police resources stretched


Police on the Gold Coast say state border restrictions and hotel quarantine duty is significantly draining manpower and slashing street patrols so much it could be contributing to an uptick in violent crime.

One officer suggested to the Gold Coast Bulletin that under normal roster conditions, the fatal stabbing on Wednesday night of 27-year-old Raymond Harris might have been avoided.

“If the public knew what was happening they would blow up," another officer told the paper. "I have never been to so many jobs lately where people have complained about why we could not get there quicker.”

Three Gold Coast hotels are currently being used as coronavirus quarantine for returning domestic travellers and a fourth is being added soon.

Gold Coast police chief superintendent Mark Wheeler has dismissed the staff concerns but admitted resources were being finely balanced between "business-as-usual requirements" and the COVID-19 response.

QLD police will need to shift even more man hours to policing the QLD state border with NSW, as the ADF withdraws all support resources from the border on September 30.

The state’s controversial border with its southern neighbour continues to dominate news headlines in both states with the QLD government under increasing pressure to provide evidenced-based support to justify their decision to keep the border closed, and only review the data every 30 days.

PM 'deeply concerned' over Victoria lockdown

Scott Morrison has released a statement with the Federal Treasurer Josh Frydenberg and Health Minister Greg Hunt, saying they are “deeply concerned” about the mental health impacts of a prolonged lockdown.

www.news.com.au

 

[jakeseven7]

Don’t mess with Dr Young’s special border clock!

——

QLD poised to ‘send NSW back to day zero’ as mystery case discovered

The required 28 days of zero community virus transmission Queensland insists NSW must achieve before reopening the border may be reset to zero as health authorities scramble to trace the source of infection in a Sydney man.

Three of the four new NSW cases are returning overseas travellers in hotel quarantine and the fourth is a locally-acquired case - a man in his 50s from south-west Sydney, whose positive COVID-19 result was reported on Thursday.

Queensland wants NSW to record 28 days of zero cases not linked to a known source before it will reopen the border. NSW was on track to reach the target on October 6 but Queensland Chief Health Officer Jeannette Young said she believes the new case in Sydney may require her to reset her border clock to zero.

"We need for [NSW] to complete their investigation but it would appear that way," she said, referring to her potential decision to delay opening the QLD/NSW border further.

NSW Premier Gladys Berejiklian said 28 days of no community transmission is ‘an impossibly tall order’.

Four new COVID-19 cases in NSW as 'removal of border' talks continue

Three of the new cases are returning overseas travellers in hotel quarantine and the fourth is a locally-acquired case - a man in his 50s from south-west Sydney.

www.smh.com.au

 

[Pushka]

Oh I can’t wait to go and join Pete Evan’s covidiot community!

We were there at Christmas when it was packed. We just kept wanting to turn the hose on everything to wash it down. I think we must have booked near the alternatives.

Post automatically merged: Sep 26, 2020

Don’t mess with Dr Young’s special border clock!

——

QLD poised to ‘send NSW back to day zero’ as mystery case discovered

The required 28 days of zero community virus transmission Queensland insists NSW must achieve before reopening the border may be reset to zero as health authorities scramble to trace the source of infection in a Sydney man.

Three of the four new NSW cases are returning overseas travellers in hotel quarantine and the fourth is a locally-acquired case - a man in his 50s from south-west Sydney, whose positive COVID-19 result was reported on Thursday.

Queensland wants NSW to record 28 days of zero cases not linked to a known source before it will reopen the border. NSW was on track to reach the target on October 6 but Queensland Chief Health Officer Jeannette Young said she believes the new case in Sydney may require her to reset her border clock to zero.

"We need for [NSW] to complete their investigation but it would appear that way," she said, referring to her potential decision to delay opening the QLD/NSW border further.

NSW Premier Gladys Berejiklian said 28 days of no community transmission is ‘an impossibly tall order’.

Four new COVID-19 cases in NSW as 'removal of border' talks continue

Three of the new cases are returning overseas travellers in hotel quarantine and the fourth is a locally-acquired case - a man in his 50s from south-west Sydney.

www.smh.com.au

Maybe false positive if there are no other sources.

 

[Flashback]

QLD State border restrictions leading to increase in crime, as police resources stretched


Police on the Gold Coast say state border restrictions and hotel quarantine duty is significantly draining manpower and slashing street patrols so much it could be contributing to an uptick in violent crime.

One officer suggested to the Gold Coast Bulletin that under normal roster conditions, the fatal stabbing on Wednesday night of 27-year-old Raymond Harris might have been avoided.

“If the public knew what was happening they would blow up," another officer told the paper. "I have never been to so many jobs lately where people have complained about why we could not get there quicker.”

Three Gold Coast hotels are currently being used as coronavirus quarantine for returning domestic travellers and a fourth is being added soon.

Gold Coast police chief superintendent Mark Wheeler has dismissed the staff concerns but admitted resources were being finely balanced between "business-as-usual requirements" and the COVID-19 response.

QLD police will need to shift even more man hours to policing the QLD state border with NSW, as the ADF withdraws all support resources from the border on September 30.

The state’s controversial border with its southern neighbour continues to dominate news headlines in both states with the QLD government under increasing pressure to provide evidenced-based support to justify their decision to keep the border closed, and only review the data every 30 days.

PM 'deeply concerned' over Victoria lockdown

Scott Morrison has released a statement with the Federal Treasurer Josh Frydenberg and Health Minister Greg Hunt, saying they are “deeply concerned” about the mental health impacts of a prolonged lockdown.

www.news.com.au

This is clearly just posturing, to try and get the ADF involved again without cost for them. Oh yes, crime is increasing, oh this is because ADF is pulling out. Blah blah, heard it all before!

 

[DC3]

The QLD SES would be quite capable in assistIng the QLD Police with their border control matters.

The ADF are not using any special capability here.

 

[eastwest101]

The QLD SES would be quite capable in assistIng the QLD Police with their border control matters.

The ADF are not using any special capability here.

SES are mostly unpaid volunteers, I'm sure they would be capable but I would prefer them to only be used in actual emergencies like floods, bushfires, cyclones etc or assisting police when a lot of manpower is needed for a short time such as large scale searches - not for long term routine state border controls and administration. If state governments want that they they have to pay for it.

 

[N860CR]

Maybe false positive if there are no other sources.

I would suspect so. Not the first time a very sick person has presented to hospital for their existing illness and then suddenly be declared “COVID positive”. Sent Blackwater into a panic!

 

[DC3]

SES are mostly unpaid volunteers, I'm sure they would be capable but I would prefer them to only be used in actual emergencies like floods, bushfires, cyclones etc or assisting police when a lot of manpower is needed for a short time such as large scale searches - not for long term routine state border controls and administration. If state governments want that they they have to pay for it.

Well, yes. Pay them, if there are those who are able to do it. . I would not expect anyone to do it for free.

Glass half full here.