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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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 broad guidance to say further exemptions could be considered, whether that includes things like business travel or family reunions, we could consider removing the quarantine requirements for states that have no community spread... that would be dependent on our confidence with the border arrangements in those states,” he said, adding he was “generally satisfied” with other border policies.

Dr Robertson also revealed the state government’s 'all-or-nothing' approach to reopening the border was not based on health advice, despite Premier McGowan regularly claiming it was.



Whoopsiedoodle, said the quiet part out loud.

I'm now going to see if there is a way to access the complete transcript of the Education and Health Standing Committee meeting to make sure there is no omitted context (fake news 101)

Edit:

No transcripts or report published yet, but I'll keep an eye on.
 
Last edited:


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 broad guidance to say further exemptions could be considered, whether that includes things like business travel or family reunions, we could consider removing the quarantine requirements for states that have no community spread... that would be dependent on our confidence with the border arrangements in those states,” he said, adding he was “generally satisfied” with other border policies.

Dr Robertson also revealed the state government’s 'all-or-nothing' approach to reopening the border was not based on health advice, despite Premier McGowan regularly claiming it was.



Whoopsiedoodle, said the quiet part out loud.

I'm now going to see if there is a way to access the complete transcript of the Education and Health Standing Committee meeting to make sure there is no omitted context (fake news 101)

This is not new news so at least he is not trying to rewrite history.

The WA CHO gave the medical advice it was safe to open to SA, NT, QLD, TAS (maybe the ACT?) months ago now.

It was ignored and they remained closed.

So they have remained closed for another reason - non medical. We await to hear what that is, but likely it will be illegal....
 
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The suggestion that it’s a 10 rolling average (over 14/28 days???) by the fed Health minister to open state borders is news to me

So we can open to Vic n NSW now
 
The suggestion that it’s a 10 rolling average (over 14/28 days???) by the fed Health minister to open state borders is news to me

So we can open to Vic n NSW now

Its highly confusing. I think the states that have agreed to the national standards are NSW, NT, ACT - they had to agree to gain rights to the NZ bubble. SA was reported to be close.
 
NSW Premier says she thinks Qld will have 'different attitude' to border closures after election as locals criticise Annastacia Palaszczuk's 'hyper mode on closing the state'

NSW Premier Gladys Berejiklian has accused Queensland of only keeping the borders closed because there is an election on.

Asked about the border issue at her media conference this morning Ms Berejiklian said she expected things might change substantially after the state election on October 31.

"I suspect the Queensland Government will have a different attitude to a whole range of things on 1 November," she said, adding that she had to govern her state as if the vaccine was "a while away".

"I say to the other states, please look at the balance we're able to have in NSW.

"I can assure you those tourism operators in Queensland will go belly up after summer: It might be OK now ... [but] businesses can't survive successive tourism seasons with no customers."

Gladstone local Gary Bradshaw, 60, has also not been impressed with the tone of Premier Annastacia Palaszczuk during the COVID-19 response.

He has not decided which way he will vote on October 31. While he likes his local Labor MP Glenn Butcher, he does not agree with the actions of the Queensland Labor Party as a whole.

"I didn’t like the way she [Ms Palaszczuk] was condescending to the other states when talking about 'Queensland has this' [during the pandemic], that’s great, but don’t go rubbing it in the faces of the other states," he says.

"I just think they went about it the wrong way with the borders … Queensland goes into 'hyper mode' and closes the state".

The NSW premier might not have much of a say in things by the end of the week.
 
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The story is everywhere now, will be interesting to see how they try and defend it now that their CHO has revealed the truth...

—-

WA border could open to much of the country now, Chief Health Officer Dr Andrew Robertson tells COVID-19 hearing

Western Australia could open its border to most states around the country as they already meet health requirements and have their own satisfactory border controls in place, WA's Chief Health Officer says.

Key points:
  • The WA Government says WA's close border policy relies on health advice
  • The Government now requires 28 days of no community spread nationally to open it
  • However WA's top medical expert says his health advice is it could be open to selective states
Dr Robertson said he was only giving health advice and that the State Government had to contend with legal advice to make its decision.

WA's Opposition has seized on the hearings, saying it proved the Government's decision was a political one, not based on the health advice.

"The Premier has been caught out by his Chief Health Officer," Liberal health spokesman Zak Kirkup said.

"It's been made abundantly clear that the border arrangements that have been put in place in Western Australia haven't been based on the health advice but in fact have been a political decision that's been made by the Premier and the Government.

"[I was] very shocked and surprised to learn that the Chief Health Officer has suggested that West Australians could now travel to South Australia, the Northern Territory, Tasmania and the ACT."


 
This is not new news so at least he is not trying to rewrite history.

The WA CHO gave the medical advice it was safe to open to SA, NT, QLD, TAS (maybe the ACT?) months ago now.

It was ignored and they remained closed.

So they have remained closed for another reason - non medical. We await to hear what that is, but likely it will be illegal....

so much for the 'back-flipping' some people here have constantly been accusing the CHO of.
 
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This story was on TV this morning up here....

This question was posed how would QLD actually remove their CHO?

And also sheds some light that although the Premier is defending the decisions by saying its all the CHO on borders, the Premier actually has consultation and the decision is in reality collaborative, which is very different to what has been said....

-----

Queensland's Premier is being criticised for onerous coronavirus border closures, but who is making the decisions?


Queensland's borders have been a contentious topic of discussion during the coronavirus pandemic.

A decision on whether to open Queensland's border with NSW on November 1 is due to be made in the last week of the campaign.

The Premier has stood by the strict measures, but has been arguing throughout the pandemic that she is "following the advice of the Chief Health Officer".

So, who really holds the power over our state boundaries?

Is the Premier calling the shots or does the Chief Health Officer (CHO) make all the decisions as she claims?

Bond University Law Professor Jonathan Crowe explains the legalities.

On paper, it's Chief Health Officer Dr Jeannette Young, but she would be discussing those decisions with key players in the Government.

"[Dr Young] would be in regular consultation with the Premier and cabinet and work together with them in making those decisions," Professor Crowe said.

So, it's actually and effectively a team effort.

Although the final decision is made by the CHO, the Premier is able to contribute information that the State Government considers relevant.

"There would always be conversations going on about this, I would say there's a shared responsibility," Professor Crowe said.

However, if the Government has fierce objections to the CHO's decision, it could seek to remove her through a parliamentary process.

"There's never absolute power under delegated legislation because the Parliament could always take away the power or pass a law to override it," Professor Crowe said.


 
This story was on TV this morning up here....

This question was posed how would QLD actually remove their CHO?

And also sheds some light that although the Premier is defending the decisions by saying its all the CHO on borders, the Premier actually has consultation and the decision is in reality collaborative, which is very different to what has been said....

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.
 
Wonder if pressure will come to bear soon on Gladys to reopen borders with Victoria? (I won't mention my reasons why I think there won't be much pressure).
 
Regarding the WA CHO's border closure comments reported yesterday, we now have a transcript, 20 pages: https://www.parliament.wa.gov.au/Pa...B18D7C585D48258601002A5D8F/$file/09832545.pdf

And I have done my best to summarise just the bits that relate to border closures. I've already forgotten how this was first reported in the press, but this gives you a fairer idea of what actually happened. I've put page numbers in to allow for easy direct reference to the original transcript for fact checking/detail seeking.

CHO: DR Andrew Robertson, CHO Dept of Health WA
Dr Paul Armstrong Deputy CHO.
Chair: Janine Freeman
Deputy Chair: Zak Kirkup


Page 5 to 6

The Chair: Explain the 28 day zero community transmission?

CHO: It's based on two incubation periods. Makes sure we don't miss anyone. As we said to Federal Court, we believe they are highly effective in preventing imported cases to WA. But we continue to review to ensure they are appropriate and proportionate. As you know, we've made some exemptions and relaxed quarantine requirements, allowing people to quarantine at home.

The Chair: With six months in WA of no community transmission, how quick can we contact trace?

CHO: I'll defer to Dr Armstrong, but we're using updated software.

Page 7

Dr. Armstrong: We need good tools and good people to do good contact tracing. We have Salesforce based software, kept up to date in light of things learned during pandemic – we're confident it's fit for purpose.
Crucially, you can't let contract tracing get out of control. Our software (PHOCUS 2) is used in SA and New Zealand, and now Vic (replacing their paper system, which we never had in WA), and we're going to continue/upgrade in January, that process is underway.

The Chair: Will it integrate with WebPAS, the patient admin system?

Dr. A: Yes, thats key.

Chair: Is our tracing system different to NSW, the 'gold standard'?

Dr. A: I don't know if it's identical, but the principles as far as I know are the same – speed, accessibility and automation.

Page 8

Chair: What role if any is COVID App playing?

Dr. A: We've not had to use it.

ZRF Kirkup: On the evidence you gave to Federal Court; were you restricted in providing advice to opening to 'all states' or to 'no states'?

CHO: That's hard to answer, I'd have to go back to that. Most of the discussion was around other measures, like hotspots. The legal status of opening to some states but not others is outside my area. I could provide heath risk advice, but the legal matter is one for the Solicitor General.

ZRF Kirkup: So to clarify, the aspect of opening to all states or no states was reference to legal advice, not health advice?

CHO: Yes.

ZRK Kirkup: Have you considered other options other than simply closing WA borders? Travel bubble? Opening to certain states?

CHO: Yes, advice provided to the premier on Sept 25, which the premier made public. It included a list of options and risk of each.

ZRK Kirkup: Do you think it's achievable for all states to reach 28 days no community transmission?

CHO: Hard to say. Good progress made in NSW, even VIC is recovering well. It's possible to reach in one to two months, more like two, but my advice at the time is not predicated on borders being open to all states. Again, that's based on health advice, opening to individual states rather than all requires legal advice.

Page 9

Chair: and this is nothing new – the same advice presented 25 Sept and tabled in Parliment.

ZRF Kirkup: Has there ever been advice provided that other travel bubble or border controls could be maintained?

CHO: I provided early advice that could be considered including broadening exemption definitions and removing quarantine requirements for states with no community transmission.

ZRF Kirkup: I know you've provided this on Sept 25, but could you provide a brief summary of options given to govt earlier?

CHO: Obviously, we restricted Vic and NSW during their more recent outbreaks. And as the risk came down, we relaxed those extra restrictions. Beyond that, I've given broad guidance like business travel and family reunions, and removing quarantine requirements for states with zero community transmission – dependent on our confidence of the border arrangements within those states.

Page 10

ZRF Kirkup: So to clarify; the govt has been provided with options that suggest restrictions could be relaxed in certain circumstances, but it's up to the govt to decide to take your advice?

CHO: Yes.

Chair: In terms of being prepared, which is what we're here to talk about today, what current treatments and preparation have we done?

CHO: The ventilators we ordered have arrived having taken 3 – 6 months, also PPE, more beds and monitors. We've also been training up people.

- other discussion-

Page 12

ZRF Kirkup: The WA perspective is hard state borders remain until 28 days passes without community transmission. SA has gone 69 days, Tas 152 days, NT 193 days, ACT 97 days without transmission. I imagine the govt will respond to it's own health advice here, can you foresee the travel advice being changed to open up to those states?

CHO: Yes certainly. We continue to review epidemiology and border controls. But the focus is on the safety of WA.

Page 13


CHO continues: We need to be aware of our susceptibility within WA because very few restrictions apply here – it makes WA more vulnerable. We also need to consider the border controls of a state we might open up to – you could have people go from Melb to Adelaide, then fly to Perth.

ZRF Kirkup: Are you confident in any of the other states to manage these concerns of epidemiology and border controls?

CHO: Epidemiology, yes, all except NSW and Vic. Maybe opening up to some jurisdictions but not others is a possibility, and that will be considered in any future advice.

Page 14

Chair: Because of the susceptibility you mention, would a lockdown like the first round be the response to a potential outbreak? Are we assuming WA is a susceptible community?

CHO: Yes. The lockdown and measures would vary depending on outbreak severity and circumstances.

ZRF Kirkup: Currently people from WA could freely travel to other states based on the health advice, yes?

CHO: Yes, always have been – no restrictions ever applied to leaving WA, only on returning. I provided other options which could be considered to govt on Sept 25, including travel to other states without community spread, SA, Tas, NT, ACT and QLD.

Page 15

ZRF Kirkup: Does health advice take into account on social mobility or mental health?

CHO: It's a consideration, but there are going to be mental health impacts either way – like those from a prolonged lockdown in Vic, and delays for cancer screening treatments. We also appreciate mental heath impact from separated families. We've provided exemptions for border crossing when people have needed medical care.

The Chair: The Mental Health Commissioners have said they want mental health and social and economic issues on an equal and integrated footing with health impact. Is that considered when framing your health advice?

Page 16

CHO: One of the problems is its hard to quantify what the impact actually is. Its easier to quantify in a lockdown situation, but not easy to quantify impact of closed borders.

ZRF Kirkup: Is it fair to say that because we have de-restricted so much, we have boxed ourselves in to having to keep the hard border?

Chair: You're saying its a choice between restrictions or border?

ZRF Kirkup: Yes

CHO: It's a tightrope we walk here. My job is to assess whats best for health and safety of WA community, and that will vary over time. During Vic's 2nd wave, no one wanted us to open borders. Obviously, that risk has substantially decreased. It may come to the stage where we feel the risk is low enough to open to certain states- that's part of ongoing consideration.

ZRF Kirkup: So the govt has an opportunity now to open up travel arrangements based on your advice?

The Chair: The advice provided which was tabled 26 Sept.

ZRF Kirkup: and possibly before.

CHO: And in future as well.

ZRF Kirkup: It's only interesting to me, Dr Robertson, because the Premier has stated the 'all or nothing' approach with borders was based on health advice. But there's an option for selected states and territories.

CHO: We will always look at options going forward, but there is a legal element to that and other things for the govt to consider as well. But from a health point of view, I provide the advice.

Page 17

ZRF Kirkup: So it's not 'all or nothing'? There are nuaced approaches which could be taken, but the premier has suggested it's all or nothing based on your advice.

Chair: The health advice. I'll help here because that is an all-or-nothing answer he's asking from you. The advice handed down 26 Sept was based on risk assessment, which takes into account susceptibility because of WA's removal of restrictions.

CHO: correct.

ZRF Kirkup: So we can't remove border restrictions because we eased other restrictions so much.

Chair: It's not an all or nothing question. You don't have to answer that, CHO. If Kirkup wants to ask the premier that, he can.

ZRF Kirkup: it was based on health advice. If the health advice indicated we can ease restrictions, or we could soften the border, or there could be a mix, it seems there is an option provided to the government where the border could be softened with some changes in restrictions.

CHO: It's a sliding scale of risk – and we need to see where we are on that scale. And I provide advice on that.

ZRF Kirkup: Which you've done previously.

CHO: yes.

The Chair: I want to raise type 2 diabetes as one of the commodities.... (fin)
 
Wonder if pressure will come to bear soon on Gladys to reopen borders with Victoria? (I won't mention my reasons why I think there won't be much pressure).

Well VIC have to lift their restrictions first (the 5km rule could be problematic 😂 ) before they can move across the border anyway!
 
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ZRF Kirkup: So to clarify; the govt has been provided with options that suggest restrictions could be relaxed in certain circumstances, but it's up to the govt to decide to take your advice?

Thanks for taking the time to go through the transcripts!

I think the sentence quoted is fairly key. There will almost always be options rather than a single piece of definitive advice. States can still be acting on medical advice by choosing one of those options... they don't need to accept the option with the most risk.
 
Regarding the WA CHO's border closure comments reported yesterday, we now have a transcript, 20 pages: https://www.parliament.wa.gov.au/Pa...B18D7C585D48258601002A5D8F/$file/09832545.pdf

And I have done my best to summarise just the bits that relate to border closures. I've already forgotten how this was first reported in the press, but this gives you a fairer idea of what actually happened. I've put page numbers in to allow for easy direct reference to the original transcript for fact checking/detail seeking.

CHO: DR Andrew Robertson, CHO Dept of Health WA
Dr Paul Armstrong Deputy CHO.
Chair: Janine Freeman
Deputy Chair: Zak Kirkup


Page 5 to 6

The Chair: Explain the 28 day zero community transmission?

CHO: It's based on two incubation periods. Makes sure we don't miss anyone. As we said to Federal Court, we believe they are highly effective in preventing imported cases to WA. But we continue to review to ensure they are appropriate and proportionate. As you know, we've made some exemptions and relaxed quarantine requirements, allowing people to quarantine at home.

The Chair: With six months in WA of no community transmission, how quick can we contact trace?

CHO: I'll defer to Dr Armstrong, but we're using updated software.

Page 7

Dr. Armstrong: We need good tools and good people to do good contact tracing. We have Salesforce based software, kept up to date in light of things learned during pandemic – we're confident it's fit for purpose.
Crucially, you can't let contract tracing get out of control. Our software (PHOCUS 2) is used in SA and New Zealand, and now Vic (replacing their paper system, which we never had in WA), and we're going to continue/upgrade in January, that process is underway.

The Chair: Will it integrate with WebPAS, the patient admin system?

Dr. A: Yes, thats key.

Chair: Is our tracing system different to NSW, the 'gold standard'?

Dr. A: I don't know if it's identical, but the principles as far as I know are the same – speed, accessibility and automation.

Page 8

Chair: What role if any is COVID App playing?

Dr. A: We've not had to use it.

ZRF Kirkup: On the evidence you gave to Federal Court; were you restricted in providing advice to opening to 'all states' or to 'no states'?

CHO: That's hard to answer, I'd have to go back to that. Most of the discussion was around other measures, like hotspots. The legal status of opening to some states but not others is outside my area. I could provide heath risk advice, but the legal matter is one for the Solicitor General.

ZRF Kirkup: So to clarify, the aspect of opening to all states or no states was reference to legal advice, not health advice?

CHO: Yes.

ZRK Kirkup: Have you considered other options other than simply closing WA borders? Travel bubble? Opening to certain states?

CHO: Yes, advice provided to the premier on Sept 25, which the premier made public. It included a list of options and risk of each.

ZRK Kirkup: Do you think it's achievable for all states to reach 28 days no community transmission?

CHO: Hard to say. Good progress made in NSW, even VIC is recovering well. It's possible to reach in one to two months, more like two, but my advice at the time is not predicated on borders being open to all states. Again, that's based on health advice, opening to individual states rather than all requires legal advice.

Page 9

Chair: and this is nothing new – the same advice presented 25 Sept and tabled in Parliment.

ZRF Kirkup: Has there ever been advice provided that other travel bubble or border controls could be maintained?

CHO: I provided early advice that could be considered including broadening exemption definitions and removing quarantine requirements for states with no community transmission.

ZRF Kirkup: I know you've provided this on Sept 25, but could you provide a brief summary of options given to govt earlier?

CHO: Obviously, we restricted Vic and NSW during their more recent outbreaks. And as the risk came down, we relaxed those extra restrictions. Beyond that, I've given broad guidance like business travel and family reunions, and removing quarantine requirements for states with zero community transmission – dependent on our confidence of the border arrangements within those states.

Page 10

ZRF Kirkup: So to clarify; the govt has been provided with options that suggest restrictions could be relaxed in certain circumstances, but it's up to the govt to decide to take your advice?

CHO: Yes.

Chair: In terms of being prepared, which is what we're here to talk about today, what current treatments and preparation have we done?

CHO: The ventilators we ordered have arrived having taken 3 – 6 months, also PPE, more beds and monitors. We've also been training up people.

- other discussion-

Page 12

ZRF Kirkup: The WA perspective is hard state borders remain until 28 days passes without community transmission. SA has gone 69 days, Tas 152 days, NT 193 days, ACT 97 days without transmission. I imagine the govt will respond to it's own health advice here, can you foresee the travel advice being changed to open up to those states?

CHO: Yes certainly. We continue to review epidemiology and border controls. But the focus is on the safety of WA.

Page 13

CHO continues: We need to be aware of our susceptibility within WA because very few restrictions apply here – it makes WA more vulnerable. We also need to consider the border controls of a state we might open up to – you could have people go from Melb to Adelaide, then fly to Perth.

ZRF Kirkup: Are you confident in any of the other states to manage these concerns of epidemiology and border controls?

CHO: Epidemiology, yes, all except NSW and Vic. Maybe opening up to some jurisdictions but not others is a possibility, and that will be considered in any future advice.

Page 14

Chair: Because of the susceptibility you mention, would a lockdown like the first round be the response to a potential outbreak? Are we assuming WA is a susceptible community?

CHO: Yes. The lockdown and measures would vary depending on outbreak severity and circumstances.

ZRF Kirkup: Currently people from WA could freely travel to other states based on the health advice, yes?

CHO: Yes, always have been – no restrictions ever applied to leaving WA, only on returning. I provided other options which could be considered to govt on Sept 25, including travel to other states without community spread, SA, Tas, NT, ACT and QLD.

Page 15

ZRF Kirkup: Does health advice take into account on social mobility or mental health?

CHO: It's a consideration, but there are going to be mental health impacts either way – like those from a prolonged lockdown in Vic, and delays for cancer screening treatments. We also appreciate mental heath impact from separated families. We've provided exemptions for border crossing when people have needed medical care.

The Chair: The Mental Health Commissioners have said they want mental health and social and economic issues on an equal and integrated footing with health impact. Is that considered when framing your health advice?

Page 16

CHO: One of the problems is its hard to quantify what the impact actually is. Its easier to quantify in a lockdown situation, but not easy to quantify impact of closed borders.

ZRF Kirkup: Is it fair to say that because we have de-restricted so much, we have boxed ourselves in to having to keep the hard border?

Chair: You're saying its a choice between restrictions or border?

ZRF Kirkup: Yes

CHO: It's a tightrope we walk here. My job is to assess whats best for health and safety of WA community, and that will vary over time. During Vic's 2nd wave, no one wanted us to open borders. Obviously, that risk has substantially decreased. It may come to the stage where we feel the risk is low enough to open to certain states- that's part of ongoing consideration.

ZRF Kirkup: So the govt has an opportunity now to open up travel arrangements based on your advice?

The Chair: The advice provided which was tabled 26 Sept.

ZRF Kirkup: and possibly before.

CHO: And in future as well.

ZRF Kirkup: It's only interesting to me, Dr Robertson, because the Premier has stated the 'all or nothing' approach with borders was based on health advice. But there's an option for selected states and territories.

CHO: We will always look at options going forward, but there is a legal element to that and other things for the govt to consider as well. But from a health point of view, I provide the advice.

Page 17

ZRF Kirkup: So it's not 'all or nothing'? There are nuaced approaches which could be taken, but the premier has suggested it's all or nothing based on your advice.

Chair: The health advice. I'll help here because that is an all-or-nothing answer he's asking from you. The advice handed down 26 Sept was based on risk assessment, which takes into account susceptibility because of WA's removal of restrictions.

CHO: correct.

ZRF Kirkup: So we can't remove border restrictions because we eased other restrictions so much.

Chair: It's not an all or nothing question. You don't have to answer that, CHO. If Kirkup wants to ask the premier that, he can.

ZRF Kirkup: it was based on health advice. If the health advice indicated we can ease restrictions, or we could soften the border, or there could be a mix, it seems there is an option provided to the government where the border could be softened with some changes in restrictions.

CHO: It's a sliding scale of risk – and we need to see where we are on that scale. And I provide advice on that.

ZRF Kirkup: Which you've done previously.

CHO: yes.

The Chair: I want to raise type 2 diabetes as one of the commodities.... (fin)

Very illuminating.... so both WA and QLD can now no longer rely on their CHO's as a defence anymore when they get the tricky questions on why their borders are still closed and to provide a clear rationale for it...

It is good to see that now the Premiers will need to answer the questions themselves, no more flick passing.

Also the excuse from the CHO about border hopping really should be disregarded, they can put measures in against that if they want to, just like the ACT did for QLD.

They really should not be shut to any state now perhaps with the exception of VIC. Certainly being closed to NT, TAS, SA, ACT, QLD is completely disproportionate and has been for months from when he first gave that advice to the WA Premier.
 
Thanks for taking the time to go through the transcripts!

I think the sentence quoted is fairly key. There will almost always be options rather than a single piece of definitive advice. States can still be acting on medical advice by choosing one of those options... they don't need to accept the option with the most risk.


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 before that 'travel bubbles' are illegal under the constitution, based on his legal advice; so he can frame it as all or nothing. I don't think people care about the constitution, so it's a stronger argument to point out that their own CHO has said travel bubbles are an option from a health point of view.

As soon as WA went further with the de-restrictions than other states (breaking from the National Cabinet road map "agreed to" back in April), it was always going to come down the populous considering tighter restrictions vs. border freedom - and border freedom will never compete. It's all politics I'm afraid.
 
As soon as WA went further with the de-restrictions than other states (breaking from the National Cabinet road map "agreed to" back in April), it was always going to come down the populous considering tighter restrictions vs. border freedom - and border freedom will never compete. It's all politics I'm afraid.

One would have thought that bringing things back into line with the constitution (or at least the spirit of the constitution) should have figured in the choices.
 
They really should not be shut to any state now perhaps with the exception of VIC. Certainly being closed to NT, TAS, SA, ACT, QLD is completely disproportionate and has been for months from when he first gave that advice to the WA Premier.
Why pick on Victoria? The majority of Victoria has as low or a lower case rate than most areas.
 
And now after the WA CHO has said it was never his medical advice to be closed to SA, TAS, VIC, ACT, NT, QLD - comes the announcement WA will be reviewing its border restrictions in 2 weeks time. Good news that sanity is finally prevailing...

----------

BREAKING: WA to review border restrictions at end of October

Western Australia's chief health officer says that while the state's border closure was "appropriate and proportionate", it should now be reviewed at the end of October.

In the letter tabled in parliament by Premier Mark McGowan today, Dr Andrew Robertson recommended the border closures be reassessed on October 28 and the NSW controls reviewed a fortnight later.

"The border controls were considered appropriate and proportionate but it is recommended that NSW be reviewed in four weeks, particularly if they have less than five community cases per day."

 
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