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

 

[jakeseven7]

As slow as the legal process is, I'm sure the High Court will have decided by the time the threshold is attained.

This threshold won’t be achieved even with a vaccine. What a joke.

 

[antycbr]

This threshold won’t be achieved even with a vaccine. What a joke.

Every day closer to Christmas the pressure increases... As I’ve said before WA will end up being a giant prison for their citizens due to quarantine requirements upon return and WA will be excluded from all travel bubbles with NZ.

The clock is ticking for the Premier.

 

[DC3]

State border closures illegal under the highest law in the country?

The High Court will be addressing this issue at some point. No point worrying about things which we can’t control.

Edited

 

[oz_mark]

This threshold won’t be achieved even with a vaccine. What a joke.

Which means we will get am answer to the question posed by this thread.

 

[Flashback]

Every day closer to Christmas the pressure increases... As I’ve said before WA will end up being a giant prison for their citizens due to quarantine requirements upon return and WA will be excluded from all travel bubbles with NZ.

The clock is ticking for the Premier.

Yet people still cheer on the approach. The mind boggles.

 

[antycbr]

Yet people still cheer on the approach. The mind boggles.

They will until they are personally affected.

I have no problem with *proportionate* responses. 28 days of no transmission in Australia is not proportionate.

 

[Flashback]

They will until they are personally affected.

I have no problem with *proportionate* responses. 28 days of no transmission in Australia is not proportionate.

I know some people who are personally affected yet still cheer on the approach, as I said I cannot work it out.

 

[Pushka]

I know some people who are personally affected yet still cheer on the approach, as I said I cannot work it out.

Stockholm Syndrome.

 

[MEL_Traveller]

They will until they are personally affected.

I have no problem with *proportionate* responses. 28 days of no transmission in Australia is not proportionate.

This potentially allows for a 14 day asymptomatic carrier + 14 days for one who will be symptomatic.

There can be problems once an asymptomatic carriers comes into contact with a vulnerable group.

Some of the clusters in Victoria were still recording new infections a month after the initial detection. If people were good at isolating, you have to wonder how this happens!

The minimum you could probably reduce the period to is 21 days... so is an extra week really a big deal?

 

[jakeseven7]

I know some people who are personally affected yet still cheer on the approach, as I said I cannot work it out.

They’ve been whipped into a complete and utter State of Fear for political gain. Look at the language used in the media there v SA..... There is a book on it - very interesting read!

Plus they haven’t really dealt with any sort of community transmission so there is a latent fear that WA, NT and TAS health departments especially wouldn’t be able to cope with much outside of quarantine due to lack of preparation, resources and ‘field experience’. I personally don’t know how true this is but it’s often brought up.

 

[antycbr]

Plus they haven’t really dealt with any sort of community transmission so there is a latent fear that WA, NT and TAS health departments especially wouldn’t be able to cope with much outside of quarantine due to lack of preparation, resources and ‘field experience’. I personally don’t know how true this is but it’s often brought up.

So are these states staying cut off from the entire world indefinitely?

 

[jakeseven7]

So are these states staying cut off from the entire world indefinitely?

Tasmania can’t - they will literally collapse. They need Melbourne/VIC like a newborn needs it’s mother in almost every aspect of their existence as a state and are highly linked with families on both sides of the strait - so I think something will be worked out there as Vic continues to improve.

NT - election completed and like magic are now being a lot more practical with openings. They have vulnerable populations to consider so maybe they will yoyo a bit?

WA - honestly I have no idea because the language coming out of them is just so ridiculous right now. Their CHO is back flippping around on his advice rather conveniently for a looming date in March... I suspect post March will be the only time we may start to see some common sense coming out of them.

WA have been whipped up into a complete frenzy - similar to QLD, but at least we only have to wait a few more weeks for ours to end!

 

[HappyFlyerFamily]

Tasmania can’t - they will literally collapse. They need Melbourne/VIC like a newborn needs it’s mother in almost every aspect of their existence as a state and are highly linked with families on both sides of the strait - so I think something will be worked out there as Vic continues to improve.

NT - election completed and like magic are now being a lot more practical with openings. They have vulnerable populations to consider so maybe they will yoyo a bit?

WA - honestly I have no idea because the language coming out of them is just so ridiculous right now. Their CHO is back flippping around on his advice rather conveniently for a looming date in March... I suspect post March will be the only time we may start to see some common sense coming out of them.

WA have been whipped up into a complete frenzy - similar to QLD, but at least we only have to wait a few more weeks for ours to end!

I disagree with your view on NT - they have always allowed hotspots, just needed mandatory quarantine, which at the time was useful, so people travelling from Vic could transit there.

 

[jase05]

QLD deputy Premier just said the border won’t open until after the election

 

[jakeseven7]

QLD deputy Premier just said the border won’t open until after the election

What a surprise.

Made up some new rules on the run did they?

Excuse given? (I wonder if it was one of the 8 that this forum predicted they would use...)

 

[antycbr]

What a surprise.

Made up some new rules on the run did they?

Excuse given? (I wonder if it was one of the 8 that this forum predicted they would use...)

What if, heaven forbid, AP loses the election and it takes weeks to resolve? Who will make the decision?

This is now beyond a joke.

Reinforces my sentiment to boycott Queensland indefinitely.

 

[Bundy Bear]

What a surprise.

Made up some new rules on the run did they?

Excuse given? (I wonder if it was one of the 8 that this forum predicted they would use...)

So the 28 day rule got chucked out the window.

I would have expected it to be 23 October for NSW, Victoria not until after the election.

 

[CMA222]

QLD deputy Premier just said the border won’t open until after the election

Clearly this is based on 'health" grounds. They want to keep the Queensland voters healthy enough to be able to vote and if the incumbent government were to lose the election it will effect the health of the outgoing politicians.

 

[jase05]

What a surprise.

Made up some new rules on the run did they?

Excuse given? (I wonder if it was one of the 8 that this forum predicted they would use...)

This was part of the article

Queensland's border will remain closed to most of NSW until after the state election on October 31, Deputy Premier Steven Miles has confirmed.

The 28 days of zero community virus transmission in NSW that Queensland demanded before reopening the border was reset last Friday even though health authorities believed they had linked the case to a known outbreak.

NSW Chief Health Officer Kerry Chant said genome testing of the western Sydney man "indicates that he has a type of genome sequence that is linked to [the Liverpool Hospital cluster]".

However, NSW Health had not been able to find "a definitive source or interaction" that caused the transmission and it would be up to Queensland health authorities to determine if they still considered the case not to be linked to the known cluster.

Queensland Chief Health Officer Dr Jeannette Young confirmed it would still be treated as a mystery case and the border clock was now at seven of 28 days.

"The nationally agreed-to discussion was that it needed to be linked within 48 hours and we are beyond that time frame now," she said. "So it is about easily linking a case."

Dr Young said the trigger for a border opening with NSW would be reached on October 22 if no unlinked cases of COVID-19 were found before then.

But the earliest Queensland would actually open the border would be on November 1, the day after the Queensland state election, Mr Miles confirmed.

 

[DC3]

What if, heaven forbid, AP loses the election and it takes weeks to resolve? Who will make the decision?

This is now beyond a joke.

Reinforces my sentiment to boycott Queensland indefinitely.

Suits me, as a resident of QLD. I’m loving it

Post automatically merged: Oct 1, 2020

Clearly this is based on 'health" grounds. They want to keep the Queensland voters healthy enough to be able to vote and if the incumbent government were to lose the election it will effect the health of the outgoing politicians.

Yes. Leave it the way it is.