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

bigbadbyrnes

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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
 
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Tonight Frankston Hospital has reported a total of 44 staff infections, with 600+ more staff in isolation.

Understanding how Covid impacts the health system is not just looking at the number of beds occupied.
 
Tonight Frankston Hospital has reported a total of 44 staff infections, with 600+ more staff in isolation.

Understanding how Covid impacts the health system is not just looking at the number of beds occupied.
More issues in the Victorian system. Please stop comparing Vic to the other 7 states and territories who are more effective in managing COVID-19
 
Please stop comparing Vic to the other 7 states and territories who are more effective in managing COVID-19

Until they're not :(

Think we are learning from previous mistakes and other states are now immune from becoming another Victoria? Only need to look at Ruby Princess to know that double or triple precautions didn't happen. Even NSW/QLD aren't 100% catching all the loopholes. Lady Pamela was allowed to move, untracked by authorities, from Victoria to QLD with multiple stops in NSW along the way. Infection could have happened at any stop.
 
The Lady Pamela was tracked and police knew it had stopped.When they got CCTV footage from Yamba showing guests had disembarked the exemption was revoked.
So the question is why was she allowed to leave Victoria under stage 4 lockdown.

The other problem that worries me with Victoria is the hospital clusters.Tasmania gave Australia the evidence as to how it could happen and how to deal with it.I may be going back to Tasmania to work in the North West.I have already had to do online courses in hand hygeine,infection control and Covid 19 before getting the OK for the job.Each day when I enter the hospital I will have my temperature checked and asked about respiratory symptoms.And this in the State that hasn't had an active case in the community for over 3 months.
 
Tonight Frankston Hospital has reported a total of 44 staff infections, with 600+ more staff in isolation.
It is amazing that this has only hit MSM now - Daughter was to have priority surgery there but early last week it was put off due to this.
 
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The Lady Pamela was tracked and police knew it had stopped.When they got CCTV footage from Yamba showing guests had disembarked the exemption was revoked.

From what is being reported it was an honesty system. The original application was for the ship going to maintenance, and was allowed to carry crew only. It was supposed to be a non-stop journey (no ports). It is alleged that very little of that is true, and they would have succeeded had it not been for the media raising it.

The example was to illustrate that officials saying they will be extra cautious, and we would learn from previous mistakes, is not something we can rely on.

Open the borders and you have opportunity for an infected person to cross, and that could bring huge strains on the health system of any state.
 
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Qld Premier was disgusted and crew are now in quarantine...lol

On Wednesday A Current Affair reported the Simonds party are staying in quarantine in the king suite of Queensland’s QT hotel after being moved from their luxury yacht.

The multi-millionaire Mark Simonds, his glamorous wife Cheryl, their son Vallance and his girlfriend Hannah Fox, were taken by minibus to the hotel after Queensland Health revoked their COVID-19 related exemption on Tuesday.

The boat had been given permission to enter the state.

It is unclear whether the three crew who served the three Simonds and Ms Fox, who is the granddaughter of Victorian trucking billionaire Lindsay Fox, are isolating at the same hotel.
 
From what is being reported it was an honesty system. The original application was for the ship going to maintenance, and was allowed to carry crew only. It was supposed to be a non-stop journey (no ports). It is alleged that very little of that is true, and they would have succeeded had it not been for the media raising it.

The example was to illustrate that officials saying they will be extra cautious, and we would learn from previous mistakes, is not something we can rely on.

Open the borders and you have opportunity for an infected person to cross, and that could bring huge strains on the health system of any state.
But here is a report in The Age which contains this.
"Queensland Police had monitored the progress of the yacht over the past fortnight as it meandered up the coast, stopping on at least five occasions. "


So the QLD police have learnt not to trust everyone.
 
More calls for non-political, scientific and consistent approach to border controls

--

QANTAS PILOTS’ ASSOCIATION BACKS JOYCE BORDER CALLS

The head of Qantas’ pilots’ association has echoed chief executive Alan Joyce’s calls for a national consensus on state border closures.

Mark Sedgwick, the executive director of the Australian and International Pilots Association (AIPA), also told this week’s Australian Aviation podcast he thinks border closures can’t eradicate COVID-19 altogether.

“The more you shut borders, the more people become complacent and don’t socially distance, don’t wash hands, don’t stay home on their own, and when it gets into the community it runs away,” Sedgwick said. “We need a national approach.”

 
More calls for non-political, scientific and consistent approach to border controls

I never thought I'd be living in a country that even had to have this sort of discussion. Our veneer of federation is broken and I don't see how we will ever be able to fix it given the setting of states' rights in the Constitution, and the difficulties in changing the Constitution.

I feel despair at the parochial and ridiculous statements and actions of the state premiers "Queensland hospitals for Queenslanders", WA and SA refusing their own residents access if they leave the state, NT slamming borders shut literally mid-flight, whole of NSW and ACT declared a hotspot for weeks on end by Qld, Tassie shut until December....
 
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,
 
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I never thought I'd be living in a country that even had to have this sort of discussion. Our veneer of federation is broken and I don't see how we will ever be able to fix it given the setting of states' rights in the Constitution, and the difficulties in changing the Constitution.

I feel despair at the parochial and ridiculous statements and actions of the state premiers

I agree; I've always felt it frustrating that we have seven or eight different and incompatible sets of systems for things like education, licencing, police, regulation of various community and industry matters etc... IMHO it was horribly wasteful when countries with larger populations seem fine with one national standard.

And this pandemic has really make some of the problems of federation more stark. I don't think any side of politics or any level of government emerges completely covered in glory out of this. Sadly I doubt even this pandemic will lead to a rethink and rationalisation of our patchwork of systems.
 
Leaders creating this perhaps?

Border town creates bumper sticker to ease hostility


e68c0b54-b3f9-4b73-9320-2cbafa86275c.jpg
ABC News


The residents of Nelson, a small, close-knit fishing town in a remote corner of south-west Victoria, have crossed the South Australian border just 5 kilometres away for decades without giving their travel a second thought.

But, like so many other things, the coronavirus pandemic has changed that.

Now, the town's 200 or so residents are acutely aware that they are seen as unwelcome Victorians - potential carriers of the virus - by some South Australians.

Susie Massie and her partner Andrew Moore say the level of negativity towards Nelson residents attempting to cross the border for work and medical appointments has escalated as border restrictions have tightened.

In one incident, dog faeces was thrown at a car with Victorian number plates.

So, in a bid to deflect some of the hostility, Mr Moore and a group of other residents have created bumper stickers that read 'Nelson community essential traveller' to ease cross-border travel.
 
I never thought I'd be living in a country that even had to have this sort of discussion. Our veneer of federation is broken and I don't see how we will ever be able to fix it given the setting of states' rights in the Constitution, and the difficulties in changing the Constitution.

I feel despair at the parochial and ridiculous statements and actions of the state premiers "Queensland hospitals for Queenslanders", WA and SA refusing their own residents access if they leave the state, NT slamming borders shut literally mid-flight, whole of NSW and ACT declared a hotspot for weeks on end by Qld, Tassie shut until December....

WA and SA having the hardest and harshest closures. Pandemics and death do this unfortunately.
 
Leaders creating this perhaps?
...
The residents ... have crossed border just 5 kilometres away for decades without giving their travel a second thought.

But, like so many other things, the coronavirus pandemic has changed that.

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 statecraft from our 'leadership'.
 
WA and SA having the hardest and harshest closures. Pandemics and death do this unfortunately.
SA is open to every state but just a hard border with Victoria. ACT and NSW can come over but need self iso. The other states can simply fly in.
 
SA is open to every state but just a hard border with Victoria. ACT and NSW can come over but need self iso. The other states can simply fly in.

SA has two levels of openness, permissible which is NSW and unrestricted say WA. But still need to register 14 days before travel.
 
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I didn’t gather that from what I read of the Federal Court’s Finding of facts.

The CHO has publicly written to the WA Premier and said there is no reason for having a closed border with SA and NT (perhaps even QLD at the time it was written can't remember exactly).
 

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