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

 

[p--and--t]

I've only been outside a 5km radius of home once since I got home from holidays in early December. That one time outside was to a location 11kms away to pick up a click and collect item which the stores website refused to ship.

You would feel right at home in Melb

 

[Pete98765432]

At his media conference this morning, Queensland health minister said to the ABC about border closures and exemptions:

They’re very similar arrangements that apply in South Australia and Tasmania and Western Australia and I trust 7.30 has reporters at those press conferences today to ask the very same questions.

I just watched the story on 7:30 - of course they didn't.

 

[jakeseven7]

At his media conference this morning, Queensland health minister said to the ABC about border closures and exemptions:

I just watched the story on 7:30 - of course they didn't.

And the QLD premier was invited to answer questions on 7:30 to explain the rationale behind them for I think they said the seventh time and she dodged again. They made mention that every other premier has made themselves available several times but not QLD..... disappointing.

 

[Pushka]

Agree, there will always be differences between two or more people even if they are family members.

The daughter did accept the help of the media to try and push her case to get there.

I would expect as a person not normally in the public eye she would not have anticipated various ensuing outcomes, particularly that she would become a political football from two angles, both the upcoming election and the fed-state bickering over the border. People under emotional stress do not always make the best decisions or think things through.

The rest of the family were possibly mere observers of the ongoing and dragged into something they didn't want a part of.

In the end she and her family are not being given to space to grieve.

People just don't understand that the media goal is not about them, but the media profile. As other family members weren't impacted by the restrictions it is pretty understandable they now feel vulnerable and exposed from all the attention and then factor in the step relationship and well, implosion. That continues to be carried out in public.

 

[p--and--t]

At his media conference this morning, Queensland health minister said to the ABC about border closures and exemptions:

I just watched the story on 7:30 - of course they didn't.

Jake beat me to it, was wondering how often if at all the QLD premier or health minister had been on 7:30 to explain their position. I don't watch every day, but have seen other premiers.

 

[Pete98765432]

And the QLD premier was invited to answer questions on 7:30 to explain the rationale behind them for I think they said the seventh time and she dodged again. They made mention that every other premier has made themselves available several times but not QLD..... disappointing.

I agree, that’s disappointing but at least she holds regular press conferences. Federal aged care minister does neither.

I’m not saying the Queensland policy shouldn’t be scrutinised, but a story on the impacts of border closures nationwide would be more balanced.

 

[p--and--t]

I agree, that’s disappointing but at least she holds regular press conferences. Federal aged care minister does neither.

I’m not saying the Queensland policy shouldn’t be scrutinised, but a story on the impacts of border closures nationwide would be more balanced.

Supposition only on my behalf but they will be chasing the viewers.

How many NSWers are queuing up to go to WA vs QLD.

 

[drron]

Once again you cannot stick to facts. So sad.

I have never mentioned Dutton with respect to Tom Hanks on AFF or any other fora.

Based on track record I don't expect an apology but another change to an unrelated subject.

I mentioned Tom hanks because it once again goes to the dishonesty of the QLD Government.

I'm sorry you do not deserve an apology as you have not stuck to the facts.I have.AP was the first person to publicly comment on the PMs phone call in this case-True.
So your alternative facts fall over on this one point.

 

[nutwood]

An interesting side effect of the current insanity is that it is flowing into the OH&S sphere. Seldom the most sane of places at the best of times!
I'll keep it vague so as not to offend but I am encountering multiple industrial sites who will not allow anyone on-site who comes from interstate and has not quarantined for fourteen days. This is applied, regardless of the origin State and is an example of what happens when our revered leaders encourage tribalism.
The logical thing would be to consider anyone coming on site as a risk and assess where they've been and what they have been doing. Last few days, heavy partying in local city, visiting every pub not barred from; no problem, welcome on-site. Just returning from your family in a WA regional town; high risk, must quarantine! Makes no sense, but that's what's being applied.
Ultimately, for many people, it doesn't matter what changes are made now. The damage has been done. Distinctions have been made, based on State lines and it's going to be a long time before those distinctions are un-made.

 

[p--and--t]

An interesting side effect of the current insanity is that it is flowing into the OH&S sphere. Seldom the most sane of places at the best of times!
I'll keep it vague so as not to offend but I am encountering multiple industrial sites who will not allow anyone on-site who comes from interstate and has not quarantined for fourteen days. This is applied, regardless of the origin State and is an example of what happens when our revered leaders encourage tribalism.
The logical thing would be to consider anyone coming on site as a risk and assess where they've been and what they have been doing. Last few days, heavy partying in local city, visiting every pub not barred from; no problem, welcome on-site. Just returning from your family in a WA regional town; high risk, must quarantine! Makes no sense, but that's what's being applied.
Ultimately, for many people, it doesn't matter what changes are made now. The damage has been done. Distinctions have been made, based on State lines and it's going to be a long time before those distinctions are un-made.

Ironic for a speciality that is supposedly able to accurately detect and assess the seriousness of risks.

Tribalism at its worst.

 

[antycbr]

Ironic for a speciality that is supposedly able to accurately detect and assess the seriousness of risks.

Tribalism at its worst.

Let’s see how long all this continues once Jobkeeper is pulled out from under the economy. It’s the only way now to get this sorted.

Plus keeping people separated at Christmas will be electoral poison, we haven’t seen anything yet

 

[jakeseven7]

Jake beat me to it, was wondering how often if at all the QLD premier or health minister had been on 7:30 to explain their position. I don't watch every day, but have seen other premiers.

It’s pretty clear Anna knows that the tide is fast turning on her governments border restrictions, she also knows Leigh Sales is probably Australia’s toughest interviewer and would have ripped her border position to shreds in the first 20 seconds.

Anna is not a great communicator especially under duress. I suspect her advisors are trying desperately to keep her out of major media events as much as possible including this one. I also am beginning to suspect Anna is losing faith in Dr Young herself as we’ve seen with the buck passing of the last 5 days.

 

[antycbr]

It’s pretty clear Anna knows that the tide is fast turning on her governments border restrictions, she also knows Leigh Sales is probably Australia’s toughest interviewer and would have ripped her border position to shreds in the first 20 seconds.

Anna is not a great communicator especially under duress. I suspect her advisors are trying desperately to keep her out of major media events as much as possible including this one. I also am beginning to suspect Anna is losing faith in Dr Young herself as we’ve seen with the buck passing of the last 5 days.

While not quite in the same league she also refuses to go on Sunrise. It’s not a good look and means she is in effect banned from most of the media. The Courier Mail has turned on her too.

 

[p--and--t]

It’s pretty clear Anna knows that the tide is fast turning on her governments border restrictions, she also knows Leigh Sales is probably Australia’s toughest interviewer and would have ripped her border position to shreds in the first 20 seconds.

Anna is not a great communicator especially under duress. I suspect her advisors are trying desperately to keep her out of major media events as much as possible including this one. I also am beginning to suspect Anna is losing faith in Dr Young herself as we’ve seen with the buck passing of the last 5 days.

As much as I have joined in and criticised many decisions and stances (its easy from the comfort of my armchair), I don't envy any of them.

Yes they put themselves out there, yes they are public figures and under scrutiny, yes the need to be accountable for their decisions and yes it has a huge impact on our lives.

But, left, right, middle, good performers, mediocre, good decisions, suspect decisions, laspses, state or feds, they are human beings with frailties, strengths and weaknesses, character flaws, and maybe some them like many others in the community have risen to one level above their full competence to handle unexpected once in a 100 year events and are struggling. (We could perhaps argue any event out of left field LOL)

Don't envy them one iota.

 

[jakeseven7]

Anyone who missed the 7:30 story on the impact of the state border restrictions they just posted it on their Facebook, this is the interview that they tried (again) to get Anna but she declined for the 7th time.... . They do talk about other states but because NSW/QLD are where the numbers are it is focussed on this.

7.30

7.30. 114,654 likes · 8,449 talking about this. The official 7.30 Facebook page. Check our conditions of use: http://www.abc.net.au/conditions.htm

www.facebook.com

 

[nutwood]

I tend to view it as a real life test of the Peter Principle.

 

[p--and--t]

I tend to view it as a real life test of the Peter Principle.

Eloquently put. (Sometimes wish I was an outside observer and not pawn)

 

[jakeseven7]

I tend to view it as a real life test of the Peter Principle.

I think this could be on display in at least 3 states right now actually starting with Q, W and T

 

[HappyFlyerFamily]

I think this could be on display in at least 3 states right now actually starting with Q, W and T

Who said competence was a relevant attribute to running a Territory/State/Federal Government?

 

[N860CR]

To add some positivity, I just had my visa for WA approved 24 hours before departure. But actually.... it’s quite sad that’s even a thing