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]

This covers many aspects of travel:

Exact date state borders will reopen

A plan by the federal government and tourism groups to restart Australia’s battered travel sector aims to have state border restrictions lifted by December 1 and a trans-Tasman travel bubble up and running by November.

www.news.com.au

 

[jakeseven7]

Some chatter that Tassie is opening up to all but NSW and Victoria by the end of October

I will believe it when the first plane touches down, their CHO has advised this should have been done for weeks and weeks and still no action from the TAS gov.

And why not NSW....? I certainly hope they aren't using the QLD CHO's special border clock and rules to judge this....

 

[MelMel]

This covers many aspects of travel:

Exact date state borders will reopen

A plan by the federal government and tourism groups to restart Australia’s battered travel sector aims to have state border restrictions lifted by December 1 and a trans-Tasman travel bubble up and running by November.

www.news.com.au

I’m not quite sure how to interpret this. Do they mean all State borders will be removed by December 1st but Victoria will remain closed to New Zealand. Or will Victoria remain closed until January for State and International borders?

 

[HappyFlyerFamily]

I’m not quite sure how to interpret this. Do they mean all State borders will be removed by December 1st but Victoria will remain closed to New Zealand. Or will Victoria remain closed until January for State and International borders?

I read it as all State border will be open by 1 December except Victoria. Victoria’s State borders might open in January.

Edit: Doubt it with WA holding out and the High Court case probably undecided.

 

[jakeseven7]

I’m not quite sure how to interpret this. Do they mean all State borders will be removed by December 1st but Victoria will remain closed to New Zealand. Or will Victoria remain closed until January for State and International borders?

I read it as all State border will be open except Victoria. Victoria’s State borders might open in January

I know it is very poorly written...

There is absolutely no way VIC state borders will remain closed until Jan/Feb on the current trajectory of virus containment, it won't be accepted - they are already having days of no community transmission and we have NSW already planning on opening them - so I'm assuming that reference is that VIC 'international borders' will not be open to the NZ arrangement until that point.

I'm not really sure how that practically works though...? So Sydney is open to NZ. Someone flies to Sydney then flies on domestically to Melbourne? Same effect? Or will incoming NZ's be banned from going to VIC altogether? How would that even work....

 

[MEL_Traveller]

I’m not quite sure how to interpret this. Do they mean all State borders will be removed by December 1st but Victoria will remain closed to New Zealand. Or will Victoria remain closed until January for State and International borders?

As far as i can see this ‘group’ has no political mandate or approval? It’s all based on their commercial interests... what they would *like* to happen.

Having the head of FC on your panel seems to lose some credibility... all of a sudden an interest in passengers and tourism now, forgetting the extreme hardships they forced on their clients, and potentially illegal refusal of refunds, at the beginning of the pandemic.

 

[HappyFlyerFamily]

I know it is very poorly written...

There is absolutely no way VIC state borders will remain closed until Jan/Feb it won't be accepted, we have NSW already planning on opening them - so I'm assuming that reference is that VIC 'international borders' will not be open to the NZ arrangement until that point.

I'm not really sure how that practically works though...? So Sydney is open to NZ. Someone flies to Sydney then flies on domestically to Melbourne? Same effect? Or will incoming NZ's be banned from going to VIC altogether? How would that even work....

Was there a cross reference to the Australian? Maybe a subscriber can tell us what was meant lol

 

[blackcat20]

This covers many aspects of travel:

Exact date state borders will reopen

A plan by the federal government and tourism groups to restart Australia’s battered travel sector aims to have state border restrictions lifted by December 1 and a trans-Tasman travel bubble up and running by November.

www.news.com.au

Not sure why theyre insisting VIC will be closed till next year, we aren't "closed" now.

I also dont see why VICs should be shut out of other states once we hit our targets.

 

[DC3]

Those groups, mentioned, don’t represent

As far as i can see this ‘group’ has no political mandate or approval? It’s all based on their commercial interests... what they would *like* to happen ...

Agree. It reminds me a bit of when Gerry Harvey was boasting that COVID had provided an opportunity for Hardly Normal to increase sales (and profit) from an unfortunate situation.

'This is an opportunity': Gerry Harvey sparks outrage with virus view

Retailer Gerry Harvey is under fire for lauding the COVID-19 pandemic as a sales opportunity, while dismissing concerns about the spread of the infection.

thenewdaily.com.au

 

[jakeseven7]

Not sure why theyre insisting VIC will be closed till next year, we aren't "closed" now.

I also dont see why VICs should be shut out of other states once we hit our targets.

Vic won't be shut out that is why it makes no sense, other states are open to NSW with higher levels of community transmission than VIC's new targets allow for.

I think that part is worded confusingly I think it means VIC will be closed to NZ not state. But then in practical terms how would you stop kiwis from flying to Sydney then onto Melbourne anyway?

 

[HappyFlyerFamily]

Vic won't be shut out that is why it makes no sense, other states are open to NSW with higher levels of community transmission than VIC's new targets allow for.

I think that part is worded confusingly I think it means VIC will be closed to NZ not state. But then in practical terms how would you stop kiwis from flying to Sydney then onto Melbourne anyway?

I think the article has been updated- no reference to Victoria...

 

[DC3]

Has this group informed the PMs of NZ and Australia about this?

Exact date state borders will reopen

A plan by the federal government and tourism groups to restart Australia’s battered travel sector aims to have state border restrictions lifted by December 1 and a trans-Tasman travel bubble up and running by November.

www.news.com.au

 

[jakeseven7]

I think the article has been updated- no reference to Victoria...

Yup whoops they pushed the publish button too quickly Clearly a mistake

 

[DC3]

I think the article has been updated- no reference to Victoria...

Perhaps it could be updated to the point of deletion.

 

[jakeseven7]

Still a 'hard border' but the cracks are showing now as public opinion shifts.

----------
BREAKING: WA backs down on coronavirus border restrictions, hotel quarantine won't be mandatory for Victorian travelers



Western Australian Premier Mark McGowan has announced plans to ease tough restrictions on people seeking to enter the state from Victoria and New South Wales.

From Monday October 5 people travelling to WA from Victoria will no longer be required to quarantine in a hotel at their own expense.

More to come.

No more hotel quarantine for Victorian arrivals but still no end to WA hard border in sight

Western Australian Premier Mark McGowan announces plans to ease tough restrictions on people seeking to enter the state from Victoria and New South Wales but warned he will not "unnecessarily rush" to bring down the hard border.

www.abc.net.au

 

[jakeseven7]

Coronavirus WA arrivals from Victoria no longer required to hotel quarantine, hard border being revaluated


Travellers from Victoria arriving in WA from October 5 will be allowed to quarantine at home for 14 days, avoiding time in hotel isolation, Mark McGowan has announced.

People arriving from Victoria will be tested twice for COVID-19 during their two week self quarantine period.

The Premier said it was a significant but reasonable change, which would ease pressure on the hotel quarantine system.


Also from Monday, restrictions on travellers from NSW will be in-line with arrivals from other States.

Vic arrivals to SKIP hotel iso

WA Premier Mark McGowan has revealed a major change for those coming into the State from Victoria, but the hard border is set to remain.

www.perthnow.com.au

 

[jakeseven7]

NSW planning to ease border restrictions with Victoria

Ms Berejiklian said she’s talking with her ministers about when borders can be eased after the number of cases recorded in Victoria fell to five.

“I don’t want to leave borders closed a day longer than we need to, but we also don’t want to throw away all the hard work we’ve done here in NSW,” she said.

The premier also hinted NSW may be welcoming Kiwis by Christmas.

“We’re getting health advice on that, and I’m happy to consider that. I’d love to have those arrangements made reciprocal,” she said.

“I would feel more comfortable if we didn’t have any borders within Australia before we did that, but we will just play that by ear.”

NSW Health is treating just 63 COVID-19 cases, including three patients in intensive care, none of whom are being ventilated.

NSW looking to ease border restrictions with Victoria

Premier Gladys Berejiklian still remains cautious about COVID-19 despite two consecutive days with no fresh cases recorded in NSW.

7news.com.au

 

[Pushka]

Im confused. WA only refers to NSW and Victoria. So what is the deal with NT, SA, Qld and Tas,

 

[jakeseven7]

Qld borders have no 'epidemiological reason' to remain closed with NSW: Hunt

Health Minister Greg Hunt says there is no epidemiological reason for border closures to remain in place between New South Wales and Queensland as both states continue to record low case numbers.

“We need to continue be vigilant but NSW has been a model in terms of its outcome, as has Queensland,” he told Sky News. “We don’t see that there are any barriers and we don’t see that there’s an epidemiological reason for any border between those two states.

“Outside of Victoria we don’t see that there is a basis for any border restrictions in Australia on epidemiology or health grounds whatsoever.”

Mr Hunt said he understood why some states wanted to their borders closed to Victoria while the southern state fought to bring the virus under control.

“But very soon, we think there won’t be any basis for any domestic borders in Australia at all, including to Victoria” he said. “We think that the epidemiology in the country is so strong now that it’s a COVIDsafe country.”

Qld borders have no ‘epidemiological reason’ to remain closed with NSW: Hunt

Health Minister Greg Hunt says there is no epidemiological reason for border closures to remain in place between New South Wales and Queensland as both states continue to record almost zero new cases.

www.skynews.com.au

 

[drron]

Im confused. WA only refers to NSW and Victoria. So what is the deal with NT, SA, Qld and Tas,

No change.It just means that people who previously had to do 14 days hotel quarantine can now do it at a private residence.but the hard border remains and to travel there we all need to get an exemption.just window dressing.