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

bigbadbyrnes

Member
Joined
Oct 24, 2011
Posts
273
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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NSW still a 'hotspot' according to our favourite CHO..... sorry NSW's.....

----

Queensland pressured to reopen to ACT next Friday


Queensland will reopen to the ACT next Friday, as the state records no new cases.

The lack of new cases means there are 1150 total cases in Queensland, 25 of which are considered active.

Deputy Premier and Health Minister Steven Miles said after a “lot of work” between health officials in Queensland and the ACT, they were now comfortable with allowing people to travel from the ACT to Queensland.

Mr Miles said the opening was timed to coincide with the ACT school holidays, and he encouraged people in the ACT to consider taking a holiday in Queensland.

Queensland’s Chief Health Officer Dr Jeannette Young said people have to fly from ACT to Queensland, not drive, because NSW more broadly was still listed as a hotspot.


 
So what to do if you are a seasonal hay fever sufferer? Get tested every day? At least the tests, which the hayfever sufferers are doing for the greater good of the community, are free. But quarantine is not free, even though in the case of traveller from SA to Tasmania or ACT to Qld (as being discussed upthread), the act is also only for the greater good of the community. As soon as governments started charging high fees for quarantine, they opened the door to people being unable to afford that and being therefore unable to travel, or even some trying to avoid quarantine. I think we really need to look at the charging for quarantine regime.

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So, the Prime Minister can come to QLD from the ACT, or is he a resident of NSW?

Edit: Can the Prime Minister be considered a resident of The ACT (i.e., The Lodge?
 
ABC news report re above. Looks like not NSW though - so again this will be interesting - if you "travel" to Quangers looks like you will probably not be allowed to QLD. And of course, that also means you can only get to/from Qld by air. Still, things are heading in the right direction.

Yes its a start and NSW cannot be far away now. Lots leaking out from National Cabinet today!

Apparently NSW already looking and preparing for MEL re-opening which is a positive sign they will take a practical approach here when VIC is ready.
 
Just like the woman from Canberra would've had to do.
Except QLD wouldn't let her out to go to the funeral.Tasmania does.
Last week a patient of mine told me the story of her aunt who died in April.The Aunt's sister was allowed to fly in from Sydney.She had to fly in to Hobart as at that time no flights into LST,DPO or BWT.However the aunt was in Deloraine Hospital just inside the North West exclusion zone.
When she flew in to Hobart the police picked her up,gave her PPE and drove her to Deloraine hospital.She was able to talk to her sister and was present an hour later when she died.The police then took her to Launceston for hotel Quarantine.The funeral was held in Launceston and she was also allowed to attend that.

So that is what a compassionate exemption should be like.
 
Better than nothing....
and Dr Young is confident she can keep all the ‘hotspot’* NSW residents out :rolleyes:

*hotspot as defined by QLD government in agreeance with nobody else...

——
Opening border to ACT visitors ‘of marginal benefit’ to devastated Qld businesses

Queensland’s tourism leaders say opening the state to ACT residents will provide little relief to thousands struggling small businesses crippled by border closures.

Queensland Tourism Industry Council (QTIC) chief executive Daniel Gschwind concedes it’s not the most lucrative of Australia’s tourism markets but any influx of travellers was better than none.

“It’s a step in the right direction and I’m glad something is happening. It’s better than nothing,” Mr Gscwhind told NCA NewsWire.

Queensland Hotels Association chief executive Bernie Hogan said reopening the border to the smallest state or territory had its limitations for tourism operators.

“It will only be marginal assistance to tourism accommodation hotels at ths point,” Mr Hogan said.

Chief health officer Dr Jeannette Young said she felt confident enough work had been done between the Queensland and ACT governments to ensure no NSW residents were able to enter the state.

“They’ll have to fly, if they drive they’ll have driven through a hotspot (NSW) and won’t be able to enter.”

 
Better than nothing....
and Dr Young is confident she can keep all the ‘hotspot’* NSW residents out :rolleyes:

*hotspot as defined by QLD government in agreeance with nobody else...

——
Opening border to ACT visitors ‘of marginal benefit’ to devastated Qld businesses

Queensland’s tourism leaders say opening the state to ACT residents will provide little relief to thousands struggling small businesses crippled by border closures.

Queensland Tourism Industry Council (QTIC) chief executive Daniel Gschwind concedes it’s not the most lucrative of Australia’s tourism markets but any influx of travellers was better than none.

“It’s a step in the right direction and I’m glad something is happening. It’s better than nothing,” Mr Gscwhind told NCA NewsWire.

Queensland Hotels Association chief executive Bernie Hogan said reopening the border to the smallest state or territory had its limitations for tourism operators.

“It will only be marginal assistance to tourism accommodation hotels at ths point,” Mr Hogan said.

Chief health officer Dr Jeannette Young said she felt confident enough work had been done between the Queensland and ACT governments to ensure no NSW residents were able to enter the state.

“They’ll have to fly, if they drive they’ll have driven through a hotspot (NSW) and won’t be able to enter.”

This article comes to mind:

 
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On and on it goes with this controversial definition of a hotspot from QLD Health.

——-
NSW accuses Queensland border closures as illogical as tensions simmer

NSW's weekly cap on returning overseas travellers will soon rise by 500 as tensions with Queensland simmer over its border policy.

Just one new locally-acquired case of COVID-19 has been recorded in NSW, as the state continues to pressure the Queensland government to relax its border restrictions.

Premier Gladys Berejiklian has been at loggerheads with counterpart Annastacia Palaszczuk over the issue for months.

Queensland announced on Friday ACT residents will be able to fly into the Sunshine State from September 25, but those in NSW cannot as it's still considered a hotspot by Queensland.

But with a sustained low daily case rate, the NSW has accused its northern neighbour of acting illogically.

Ms Berejiklian said on Thursday border talks with Ms Palaszczuk had ceased again.

 
On and on it goes with this controversial definition of a hotspot from QLD Health.

——-
NSW accuses Queensland border closures as illogical as tensions simmer

NSW's weekly cap on returning overseas travellers will soon rise by 500 as tensions with Queensland simmer over its border policy.

Just one new locally-acquired case of COVID-19 has been recorded in NSW, as the state continues to pressure the Queensland government to relax its border restrictions.

Premier Gladys Berejiklian has been at loggerheads with counterpart Annastacia Palaszczuk over the issue for months.

Queensland announced on Friday ACT residents will be able to fly into the Sunshine State from September 25, but those in NSW cannot as it's still considered a hotspot by Queensland.

But with a sustained low daily case rate, the NSW has accused its northern neighbour of acting illogically.

Ms Berejiklian said on Thursday border talks with Ms Palaszczuk had ceased again.

Sounds like an old article if Thursday is being quoted and a Friday decision being announced, though NSW has had 1 local case for three days straight ... lol
 
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And it took them this long to request a form? :rolleyes: ;)

Maybe the same could be done for NSW? As long as you aren't from a postcode that QLD determines as a 'hotspot' you can fill out their required form and be allowed to travel?....

----

Simple form made the difference for Queensland easing border restrictions


Offering a simple form to passengers at Canberra Airport is all it took for Queensland to open its border with the national capital, the Premier has revealed.

Last week, the Queensland government defended declaring the ACT a COVID-19 hotspot because it was in the "middle of NSW". Now passengers will be able to board a plane from Canberra to Queensland from September 25, provided they have not been in Victoria or NSW in the previous 14 days.

NSW Treasurer Dominic Perrottet condemned Queensland's decision to open its borders to the ACT and not his state, saying "they’re turning the Newell Highway into the Berlin Corridor".

Queensland Premier Annastacia Palaszczuk said the decision followed a number of discussions between ACT health authorities and Queensland over the screening of travellers going through Canberra Airport.

 
SA STILL ON TRACK TO OPEN BORDERS TO NSW THIS WEEK

South Australian Premier Steven Marshall says the border with NSW is still set to open this week, with an announcement expected in the next few days. Pressure continues to mount on QLD to follow suit as their border restrictions are deemed illogical by NSW.

 
SA STILL ON TRACK TO OPEN BORDERS TO NSW THIS WEEK

South Australian Premier Steven Marshall says the border with NSW is still set to open this week, with an announcement expected in the next few days. Pressure continues to mount on QLD to follow suit as their border restrictions are deemed illogical by NSW.

Not going to happen if the taxi driver spreads it to just one passenger.
 
The border restrictions are reviewed at the end of each month, and with NSW opening quarantine-free travel to Norfolk Island from October 1, we might see the QLD/NSW border open from then as well.
 
The border restrictions are reviewed at the end of each month, and with NSW opening quarantine-free travel to Norfolk Island from October 1, we might see the QLD/NSW border open from then as well.

Oh I momentarily forgot about the 'can only review at end of month rule' :rolleyes: 😂. I just cannot understand how other states like SA manage to review situations on the go, they must have so many more resources lying around to be so nimble in their approach compared to us (edit us = QLD)

Yes maybe you are right, we have everything crossed!
 
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Oh I momentarily forgot about the 'can only review at end of month rule' :rolleyes: 😂. I just cannot understand how other states like SA manage to review situations on the go, they must have so many more resources lying around to be so nimble in their approach compared to us.

Yes maybe you are right, we have everything crossed!
Yeah it’s strange. SA has a transition meeting every Tuesday and Friday where they discuss restrictions and border closures etc. If they agree to lifting or adding restrictions it can be done ASAP. Fingers crossed if tomorrow mornings meeting goes well the NSW border could be open at midnight
 
SA STILL ON TRACK TO OPEN BORDERS TO NSW THIS WEEK

South Australian Premier Steven Marshall says the border with NSW is still set to open this week, with an announcement expected in the next few days. Pressure continues to mount on QLD to follow suit as their border restrictions are deemed illogical by NSW.

He doesn't seem so sure now.
We’re not going to rush it. We’ve got to make sure we don’t have a second wave here in South Australia.

We don’t make political decisions, we don’t make ideological decisions.

We make decisions here in our state based upon the expert health advice.
 
Not going to happen if the taxi driver spreads it to just one passenger.
And this afternoon:

Following the case of an infected taxi driver in NSW, however, Mr Marshall expressed caution regarding the decision today.

"We're not going to rush it. We've got to make sure we don't have a second wave here in South Australia," he said.
 
He doesn't seem so sure now.
And this afternoon:

Following the case of an infected taxi driver in NSW, however, Mr Marshall expressed caution regarding the decision today.

"We're not going to rush it. We've got to make sure we don't have a second wave here in South Australia," he said.
It’s probably because legally he doesn’t have the final say ... lol
 

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