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From The Conversation
States are shutting their borders to stop coronavirus. Is that actually allowed?
Movement of people and goods across state borders in Australia is guaranteed by the Constitution. Section 92 of the Constitution says
trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
“Intercourse among the States” in this context, means the movement of people, goods and communications across state boundaries.
If the movement of people across state borders must be absolutely free, can the states hinder or even prevent such movement during the coronavirus pandemic? The short answer is “yes”.
“Absolutely free” does not mean what it says. The High Court has accepted that there can be limits if they are reasonable and imposed for a legitimate end, such as protecting the public from a dangerous disease.
What limits does the Constitution impose on the states?
A state cannot exclude people from entering it because it has some objection to them, such as their character or behaviour. For example, shortly after federation, NSW enacted the Influx of Criminals Prevention Act 1903 to prevent convicted criminals from other states entering New South Wales. It tried to use the act to prevent John Benson, a convicted vagrant, of entering the state.
But the High Court struck down the law because it prevented freedom of interstate movement in breach of section 92 of the Constitution. While some judges recognised that a state may have power to act where it is necessary to protect “public order, safety or morals”, they did not consider that the exclusion of vagrants could be justified as such a necessity.
Since then, the High Court has accepted that a state law may impede the entry into the state of persons, animals or goods that are likely to injure its citizens. These include risks of the transmission of animal and plant diseases and the entry of noxious drugs.
Justice Brennan stated in the case of Nationwide News that where the true character of a law
is to protect the State or its residents from injury, a law which expressly prohibits or impedes movement of the apprehended source of injury across the border into the State may yet be valid.
A court would need to consider the severity of the restriction and the need for the measure.
If the law is enacted for a purpose other than simply impeding movement across state boundaries, such as to protect public health, and the measures imposed are appropriate and adapted to fulfilling that purpose, then the law is likely to be held to be valid. It will depend on the factual circumstances in any particular case.
 
What’s wrong with Australia
From David Donavan in Independent Australia.net
PEOPLE OFTEN ASK me what the problem is with Australia. For ten years, as managing editor of news website Independent Australia, I have been closely studying our nation.
I have personally edited and published thousands of articles on practically every feature of Aust...