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  1. bigbadbyrnes

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

    WA to open to states without transmission in the preceeding 28 days on 14 November. Looks like we might be denied a landmark case. I'M SURE THE TIMING IS JUST A CO-INCIDENCE. Edit: WA will open border to 'very low risk' jurisdictions, Premier Mark McGowan announces
  2. bigbadbyrnes

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

    I'd be amazed if it was 'just a coincidence' that the stories running across some (not all) media bubbles giving this lots of attention just happen to be falling a couple of weeks before the HC hearings. Edit: quick roundup: Premier, health chief at odds Pressure on McGowan as Harvey...
  3. bigbadbyrnes

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

    No problem :) This is true, they would have simply provided a range of different options with different risk. If the Premier has claimed that 'the only option is to keep the border closed - that's the health advice', he would be contradicting his CHO. That would be a story. McGowan has said...
  4. bigbadbyrnes

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

    Regarding the WA CHO's border closure comments reported yesterday, we now have a transcript, 20 pages: https://www.parliament.wa.gov.au/Parliament/commit.nsf/(Evidence+Lookup+by+Com+ID)/E9D127B18D7C585D48258601002A5D8F/$file/09832545.pdf And I have done my best to summarise just the bits that...
  5. bigbadbyrnes

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

    I'll eat crow on that - I thought the Premier was actually in charge. Turns out it's "collaborative" which actually means 'no one is responsible if something goes wrong'. Things are even worse than I thought.
  6. bigbadbyrnes

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

    https://www.theage.com.au/national/western-australia/caught-out-mcgowan-s-claims-about-hard-border-contradicted-by-chief-health-officer-20201014-p56549.html WA Chief Health Officer Andy Robertson told the inquiry his health advice to ease the border policy had not been taken up. “I’ve given...
  7. bigbadbyrnes

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

    Keep this up and we'll find you in contempt *adjusts peruke *
  8. bigbadbyrnes

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

    Expensive and politically toxic. Who want's to be associated with Palmer? PR disaster - cost more than it's worth. People think "McGowan and Palmer are fighting - go McGowan go! (or) go Palmer go!" not "the seven best judges in the country need to do the job of independently assessing if these...
  9. bigbadbyrnes

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

    From 'We have higher incomes': Premier says desire for WA tourist dollars driving anti-border push WA's hard border has repeatedly been criticised by some other state governments for being too strict, but Mr McGowan said "self-interested reasons" were behind the comments. "The other states...
  10. bigbadbyrnes

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

    I live in hope. State of play; Case is due before the High Court on November 3 and 4. Decision will take some time to arrive at, but I'm guessing before Christmas. Federal Court established agreed upon facts included the closures were intended to protect health. Stevie Wonder could have seen...
  11. bigbadbyrnes

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

    It would depend on their circumstances rather than someone else's. Some people certainly won't be affected by border closures, and some people will. I hope the premiers are doing a good job trying to take all this into account.
  12. bigbadbyrnes

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

    They haven't yet analysed if the relevant sections of the constitution provide any limit to what they're doing. Having ploughed through the history of jurisprudence on the relevant sections, I'd be surprised if there is not some limitations which would apply even under these circumstances. What...
  13. bigbadbyrnes

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

    Pretty astonishing that despite NSW's proven ability to keep a lid on the outbreak that there is a strong prospect of not being able to cross the border from QLD at Christmas time. I'm also astonished that no one else has taken the QLD govt to the High Court as yet to get some clarity on the...
  14. bigbadbyrnes

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

    I’d be tempted to say to him “Why bring the constitution into now, eh McGowan? Starting to sound like crazy old Clive and the Palmy Army. Gotta keep your citizens safe.”
  15. bigbadbyrnes

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

    I've texted my pals in America to see if we can get the contact details of the guys who re-print all their flags every time the number of states change. To be fair, we just need a point removed from one star, so we should get a decent rate.
  16. bigbadbyrnes

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

    Restraint is always the better part of valour. I do wish there were less politically charged individuals driving this constitutional issue into the high court. The failure of statecraft we've seen unravel today and over the last six months is exactly what the relevant sections of the...
  17. bigbadbyrnes

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

    It's not the virus which is legislating unconstitutional border closures, nor is it a failing National Cabinet. Anyone who chucks dog poop at a car because of it's number plate is a goose and is responsible for their actions, but there is some blame to be laid on the spectacular failure of...
  18. bigbadbyrnes

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

    Queensland for the Queenslanders! Western Australia for the Western Australians! One Vision! One Solution! One Germany! I, for one, am shocked, that separating the federation has led to separation of the federation,
  19. bigbadbyrnes

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

    As is his prerogative, the WA Premier and his political machine put out pure spin based on Obiter Dictum. Looks like we'll see what the HC has to say (if anything) on the constitutional matters in October. In other news, Justice Perkins found that "the best measure to prevent STD spread is...
  20. bigbadbyrnes

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

    https://www.abc.net.au/news/2020-07-16/how-long-can-wa-keep-its-border-closed-in-the-coronavirus-fight/12455570 "I think there's this underlying view that Western Australians have that we've had a raw deal from the other parts of Australia for such a long time that maybe we should do it alone,"...
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