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

 

[Must...Fly!]

Well I have just got my Tassie visa.

Overseas travel insurance next?

 

[HappyFlyerFamily]

Overseas travel insurance next?

It’s a reciprocal health jurisdiction ....lol

 

[p--and--t]

It’s a reciprocal health jurisdiction ....lol

Not if Anna was in charge

 

[jakeseven7]

Classic case of shooting yourself in the foot (or foot in mouth disease)

There will be more tragic cases like this, which will be on them.

Luckily for AP the people who are tragically affected don't vote in her state.

 

[MEL_Traveller]

Lovely compassionate words from the QLD Premier and CHO

-----
Unborn baby dies after heavily pregnant mum was forced to wait 16 hours for emergency surgery in Sydney after being turned away at the Queensland border


A heavily pregnant mother who was forced to wait 16 hours for emergency surgery in Sydney after being turned away at the Queensland border has lost one of her unborn twin babies.

Queensland Premier Annastacia Palaszczuk was slammed for saying the state's hospitals were 'for our people only' - and did not grant the seriously ill mum-to-be's exemption despite her needing emergency surgery for the unborn twins.

The mother, from Ballina in New South Wales which is 30km from the Queensland border, had twins who were just 24 weeks along and needed urgent care.


Ms Palaszczuk said the death was an “absolute tragedy” but she stood by the decision of her health authorities.

Queensland Chief Health Officer Dr Jeannette Young said they did not comment on individual cases, but said generally that people should seek medical care in the state where they live.

The bit not included in your post is that Queensland has confirmed, 100%, that anyone seeking emergency treatment will NOT be denied entry to Queensland. So we need to get a better understanding of what exactly happened here, and where the breakdown occurred.

 

[aus_flyer]

The bit not included in your post is that Queensland has confirmed, 100%, that anyone seeking emergency treatment will NOT be denied entry to Queensland. So we need to get a better understanding of what exactly happened here, and where the breakdown occurred.

Wouldn't have had this tragedy if it wasn't for the ridiculous border closure with NSW. Sad but true.

 

[antycbr]

Wouldn't have had this tragedy if it wasn't for the ridiculous border closure with NSW. Sad but true.

Watching the news where this was the lead Palaszczuk looks very stressed and Scomo looked genuinely angry. This is going to get fixed - the PM said as much today.

 

[jakeseven7]

Watching the news where this was the lead Palaszczuk looks very stressed and Scomo looked genuinely angry. This is going to get fixed - the PM said as much today.

Yup watched the whole press conference.

Scomo is going to force the conversation and I think once she has won the election she will come to her senses as well. Wish it was tomorrow....

The Feds are already clearly aligned with VIC and NSW.

 

[PineappleSkip]

So we need to get a better understanding of what exactly happened here, and where the breakdown occurred.

A partial explanation in this news report. Possibly there was some confusion about the requirements suggested by “jumping through the hoops”, but while she could get straight through, spouse etc would have had to quarantine.

Brisbane Times understands the woman would not have needed an exemption to travel to Queensland because her case was considered emergency care but her family members would have had to apply for an exemption to enter the state.

No surprise about confusion, I’m particularly annoyed about the last Qld. gathering direction which was published a week ago, to ministers commenting inconsistently with the determination. There was another very different determination published next day or possibly later the same day. The shambles continues.

 

[antycbr]

A partial explanation in this news report. Possibly there was some confusion about the requirements suggested by “jumping through the hoops”, but while she could get straight through, spouse etc would have had to quarantine.

Would you want to lose one of your children without your spouse by your side?

 

[TheRealTMA]

Would you want to lose one of your children without your spouse by your side?

so sad, but what’s wrong with Ballina hospital that they couldn’t deal with the issue?

And why could a Sydney hospital cope with the emergency? Exactly why did they have to come to Queensland for a solution?

 

[antycbr]

so sad, but what’s wrong with Ballina hospital that they couldn’t deal with the issue?

And why could a Sydney hospital cope with the emergency? Exactly why did they have to come to Queensland for a solution?

Two points

1. look at a map for Ballina in relation to BNE and SYD.
2. I doubt BNK hospital could handle twin-to-twin transfusion syndrome. Google what is involved in dealing with this situation.

 

[MEL_Traveller]

Would you want to lose one of your children without your spouse by your side?

Of course not. But you would leave your spouse to save one of your children.

 

[antycbr]

Of course not. But you would leave your spouse to save one of your children.

Thought you’d deleted this comment because it was so insensitive.

 

[HokitikaGold]

Everyone hates border lock-downs. But today, in SE QLD, I am not in lockdown. If there were no state border controls I am sure that we would be closed down. Intrastate commerce/tourism/living is clearly not as good as the open border, but so far Anna has managed to keep our schools, etc open. I understand that if you are in the contaminated areas, you would like everything open, but that is not real. The overwhelming evidence is that Australia has a percentage of people that criss cross and that many do not adhere to COVID norms. Less severe closures would work, if everyone behaved. But they do not.

 

[drron]

There is often a problem with interstate transfers at the best of time,but in normal times there isn,t a problem transferring patients from Northern NSW to Brisbane or the Gold Coast Hospital for specialist treatment not available at Lismore hospital-the NSW referral hospital for northern NSW.That is where the mother was to get the diagnosis.
This situation needed Specialist treatment only available in Sydney or Brisbane.Brisbane would have been quicker.

 

[QF WP]

[Mod hat on]
Okay everyone, take a big long breath, take a step back and respect everybody’s right to their opinion. This is an emotive subject and we are all under stress because of this completely abnormal situation.
[Mod hat off]

 

[Seat0B]

I understand your point and indeed I have argued that case. It'll be interesting to see what the High Court makes of it. I don't believe they can ignore the public health side of the argument, otherwise every other State quarantine measure would be in doubt. Basically, if a State can stop you bringing in your bag of apples, they can stop you bringing in a virus.
I would think Queensland's border closure could easily be portrayed as protectionist. "Queensland hospitals for Queenslanders" was possibly not the smartest of statements! Hence my point that if it could be shown that the public health outcomes were being achieved by an alternative process, border closures would be that much harder to defend.
As it stands at the moment, if all States dropped their border restrictions, how long would it be before the whole country was having to lock down again?

Yes but what about the public health outcomes of maternity services, and other medical services being delivered where people need them. That is an actual death of an unborn baby against the possibility of someone getting the virus because the mother was admitted to Qld and then the further possibility of that person dying from Covid.

In every first aid and other similar training I’ve ever done, preserving life is more important than other injuries that can be treated later.

Why not put the mother in PPE and isolate her? Honestly I am appalled at the depths of parochialism we have sunk to.

 

[MEL_Traveller]

Yes but what about the public health outcomes of maternity services, and other medical services being delivered where people need them. That is an actual death of an unborn baby against the possibility of someone getting the virus because the mother was admitted to Qld and then the further possibility of that person dying from Covid.

In every first aid and other similar training I’ve ever done, preserving life is more important than other injuries that can be treated later.

You're right that preserving life is the priority, and this is where it becomes unclear. Queensland has stated that of course the mother would have been allowed in, no question. So somehow there's been a breakdown in understanding, or a miscommunication.

 

[straitman]

It looks to me that someone really didn’t do their homework properly. There is an abundance of helicopters in the area and it’s only a little over an hours flying time to Brisbane depending on type.
Northern NSW has an Ambulance helicopter in the area as does Queensland Emergency Services.