An expert says the premier of a hardline state that has imposed strict COVID border closures could be taken to court by Australians who have suffered as a result.
Anastasia Palaszuk of queensland and Mark McGowan Western Australia are reluctant to commit to the national COVID-19 Recovery plan and reopening of borders once 80 percent of eligible Australians are fully vaccinated.
But the premier’s tough border stance could leave their states vulnerable to unprecedented legal challenges, and is already costing the tourism industry billions on earnings before the pandemic.
In an interview with The Sunday Project, constitutional attorney Professor Kim Rubenstein said anyone who was negatively affected by states’ refusal to open borders could take legal action.
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QLD Premier Annastasia Palaszczuk (pictured) and WA Premier Mark McGowan have expressed reluctance to a national plan to reopen state borders when 80 percent of eligible Australians are fully vaccinated
‘Any person who is affected by these restrictions and who can show that it is a high burden on business’ [would have grounds for a case],’ He said.
‘So that if it can show that it is, in fact, defending one state over another, without a valid or proportional response, it is indeed available to challenge. And we can, in fact, see it ahead of us.’
Professor Rubenstein said the Australian constitution was ‘motivated by the desire to travel freely across the country.’
‘It was becoming increasingly difficult for the colonies to have barriers around trade. Section 92 was put in place there to discourage any restriction of travel within Australia,’ she said.
‘The reason we have tighter border measures is because New South Wales and Victoria have massive outbreaks at the moment and their hospitals are going to be overwhelmed.’
Professor Rubenstein said the withdrawal from the national exit strategy in the coming months would be more ‘vulnerable’ to legal action. Pictured: WA Premier Mark McGowan
Professor Rubenstein said if some premiers move off the national COVID roadmap in the coming months, it will strengthen legal cases against them as all state and territory leaders previously agreed to the plan.
The unrelenting border closures of tough premonitions have paralyzed tourism businesses, torn families apart and banned citizens from moving around their own countries.
An industry group has revealed that tourism on the Gold Coast in the September quarter alone will see a decline of $1 billion compared to the same period last year.
Estimates for the Destination Gold Coast show that tourist spending in the city has decreased by about $1 billion compared to 2019. Australian Report.
During the school holiday, vendor occupancy rates were as low as 40 per cent, as tourism operators struggled amid the lockdown.
The industry group is expected to release the outlook on Monday and call on the premier to stick to a national plan to reopen at the double target of 80 percent.
“These are issues that the court will really need to determine whether these restrictions are necessary for the purpose they want to achieve in terms of health security,” Professor Rubenstein said.
Constitutional lawyer Professor Kim Rubenstein (pictured) said that disproportionately closing one’s border to protect oneself over the other could be open to legal action
‘The fact that other circumstances show a different point of view really makes it’ [the state] more vulnerable.’
Queensland and Western Australia have some of the lowest vaccination rates in the country, with approximately 45 per cent of residents both being fully vaccinated compared to 16 per cent and 60.1 per cent in NSW.
Epidemiologist Dr Catherine Bennett told panelists that the creeping vaccination rollouts in both states would delay them opening their borders.
‘A very risk-averse approach to opening up borders puts pressure on people who are vaccinated. It becomes a definite achievement – the vaccination level required to be able to open safely is unlikely to be reached,’ she said on Sunday.
Earlier this week, Ms Palaszczuk ruined all Christmas plans for families hoping to reunite, saying she would ignore the national cabinet’s plan to open limits on 80 percent vaccination rates because it Will send ‘back’ to Queensland.
Border politics has forced families to meet at temporary fences (pictured on Tweed Heads September 2)
‘Where will you go? Are you going to India? In Tokyo, you have to sit with a mask on the Perspex screen and if you remove your mask you can’t talk while you chew,’ she said on Thursday.
‘If you look at the national plan, 80 percent really takes you backwards and I don’t want that for Queensland, so we’re probably going to see a difference for Western Australia and Queensland because at the moment we have independence. Is.’
Over the weekend, Scott Morrison again put pressure on the premier who has been stumbling over opening borders to stick to the national plan.
Morrison said, “There comes a time when you have to respect the arrangements you’ve made with Australians, and that is when you get 80 percent of the vaccinations, it’s pretty clear that you can start to unwind. ,” said Mr. Morrison. Seven Network in an interview while he was in Washington.
He said there will still be some common sense controls at that stage, such as QR code login and wearing a mask in certain circumstances.
“But, you know, there comes a time when you just have to move on and move on with it,” he said.
Deputy National Leader and Queensland MP David Littleproud said the Prime Minister has tried to show leadership by bringing together the Premier and First Ministers through the National Cabinet.
Epidemiologist Dr Catherine Bennett told panelists that the creeping vaccination rollouts in both states would delay them opening their borders (pictured, police at the Coolangatta border)
‘Then they get out and go in different directions. The question should be why are you changing your mind,’ he told Sky New’s Sunday agenda program.
‘All Queenslanders want, all Australians want, are hope and certainty.’
Meanwhile, Federal Health Minister Greg Hunt said considerable progress was being made in the vaccination rollout.
He said 75.8 percent of people aged 16 and older have now received their first dose of vaccine and 51.5 percent are completely covered with two jabs.
“We are on track, we are making great progress,” Mr Hunt said.
More than 27 percent (340,000) aged 12 to 15 have also come forward for vaccination.
“The program is less than two weeks into its action,” he said.
NSW reported 961 new cases of COVID-19 on Sunday and nine more deaths. None of the dead, aged between 40 and 80, were double jabbed.
The state’s death toll in the current outbreak now stands at 297.
Victoria recorded another 779 new cases and two more deaths, while they had 25 new infections in the ACT.
Professor Rubenstein explained that the constitution was drafted to allow free travel across the country (pictured, traffic as drivers queue for the QLD-NSW border post in July)
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