Constitutional lawyer Professor Kim Rubenstein told Ten’s The Sunday Project that anyone adversely affected by the states’ refusal to open their borders could have grounds for a case.“Any person who is impacted by these restrictions and who can show that this is a disproportionate burden on trade (could mount legal action),” she said.“So that if it can show that it is, in fact, protecting one state over the other, without a legitimate or proportional response, then it really is available for challenge. And we may, in fact, see that ahead of us.”Professor Rubenstein told The Sunday Project that the Australian constitution “was motivated by a desire to travel freely across the country”.“Section 92 was placed there to discourage any restriction of travel within Australia,” she said. Professor Rubenstein said the court would examine “whether these restrictions are needed for the purpose that they‘re seeking to achieve in terms of health protection.”If they’re found wanting, the state could be much more “vulnerable” to legal action.It comes amid criticism over Queensland Premier Annastacia Palaszczuk said she was unwilling to reopen the state’s borders even at 80 per cent national vaccine coverage. Ms Palaszczuk on Friday said she was unwilling to reopen as “80 per cent actually takes you backwards and I do not want that for Queensland”.NED-4196-QLD-Restrictions-liftingHer remarks have since come under heavy criticism with Treasurer Josh Frydenberg labelling it a policy that would keep Queensland families apart.“The decision, and the announcement by the Queensland government, which means we may not see an opening of the borders consistent with the National Plan, is not good, and it would be a bad decision that would cost Queensland jobs,” he said.“It would be a bad decision that would mean Queensland families are kept apart and it would be inconsistent with what was agreed at the National Cabinet.“It’s really important that, in Queensland, the borders open in accordance with those 70 and 80 per cent vaccination rates.“People want their lives to come back to what it was, and it’s up to those premiers and chief ministers to give those people hope, to give them a chance to reopen their businesses, to be reunited with loved ones, to send their kids back to school.“That’s what the people of Australia are expecting from their state and territory leaders.”Here’s what’s happening across the nation in relation to state borders and restrictions: QUEENSLAND People who have been in the NSW LGAs of Walgett, Bourke, Byron Shire, City of Broken Hill, Tweed Shire or the Unincorporated Far West will only be allowed to enter Queensland for essential purposes. You must complete a Queensland entry pass to enter Queensland from anywhere in Australia or New Zealand, including returning Queensland residents.The ACT, the Jervis Bay Territory, NSW and Victoria are currently declared COVID-19 hotspots and travellers will not be permitted to enter Queensland except for a limited range of people who can enter for essential purposes.VICTORIASome of Victoria’s Covid-19 minor restrictions will ease at midnight on Tuesday after the state reaches its 80 per cent first vaccination milestone, allowing people to venture up to 15km from home as well as enjoy sports such as golf and tennis.NED-4525-Regional-Victorias-new-restrictionsGeelong’s week-long lockdown was lifted at midnight on Sunday despite the city recording six new Covid cases.Victoria will ease border rules this week for double vaccinated residents stuck in NSW, with new rules coming into place on September 30 allowing residents to return home.NSW In regional NSW, there will be some relief for residents this week with lockdowns lifting in Cowra and Yass Valley. Lockdowns will also lift in Byron, Kempsey and Tweed from September. NED-3760-NSW’s new COVID restrictionsIf you live in Greater Sydney you must not enter regional and rural NSW without a reasonable excuse.SOUTH AUSTRALIA Travellers arriving from Victoria, NSW and the ACT are currently prohibited from entering South Australia, except for essential travellers and some permitted arrivals.Any person arriving from Queensland is permitted to enter South Australia without restrictions as long as they have not been in a restricted zone in the past 14 days. In this case, they would be subject to that zone’s restrictions.WESTERN AUSTRALIA Victorians are barred from entering Western Australia with Victoria to be placed in the Covid-19 “extreme risk” category from September 29.Under this alert level, exemptions for approved travellers will be further restricted to just federal and state officials including parliamentarians and diplomats.Returning Western Australians who complete 14 days quarantine in Victoria will have to complete another two weeks of self-quarantine at a “suitable premises”.Western Australia has deemed the Northern Territory., South Australia and Tasmania very low-risk jurisdictions. Victoria has been classified as high-risk and NSW very high-risk. TASMANIA Tasmania has deemed NSW, ACT, Victoria and New Zealand to be high risk and travellers from these areas are not permitted to enter the state. Travellers who have visited high-risk premises in Queensland, Western Australia and South Australia will not be permitted to enter the state.
Powered by WPeMatico
