On 15 March 2020, the Minister for Emergency Services declared a State of Emergency in Western Australia, due to the COVID-19 pandemic. The following day, a Public Health State of Emergency was declared by the Minister for Health.[2] Following the declarations, the Quarantine (Closing the Border) Directions ('Directions') were given by the Commissioner of Police and State Emergency Coordinator, closing the Western Australian border to all non-essential travellers from 5 April 2020.[3] These directions were continually extended until the Western Australian border reopened on 3 March 2022.[4][5]
In mid-May 2020, Clive Palmer was refused entry into Western Australia, under the Directions. On 25 May 2020, Palmer commenced proceedings against Western Australia in the High Court,[6] on the basis that the Directions and the authorising legislation impermissibly infringed section 92 of the Constitution. Section 92 concerns "trade, commerce, and intercourse among the States", which shall be "absolutely free".[7]
Decisionedit
The High Court's decision was handed down on 6 November 2020,[8][9] with its reasons published on 24 February 2021.[1] The court found that the sections of the authorising legislation for the Directions—sections 55 and 67 of the Emergency Management Act 2005—did not impermissibly infringe s 92 of the Constitution in "their application to an emergency constituted by the occurrence of a hazard in the nature of a plague or epidemic".[10] The judgment went on to state that "the exercise of power given by those provisions to make paras 4 and 5 of the Quarantine (Closing the Border) Directions (WA) does not raise a constitutional question", and that costs were to be paid by the plaintiffs.[10]
Consequencesedit
As a result of the unsuccessful challenge to the hard border, the Directions and the hard border remained in effect. Border control measures were eased from 14 November,[11][12] with some travellers from "very low risk" jurisdictions permitted to enter Western Australia without an exemption.[13]
Due to comments made by Premier Mark McGowan and Palmer towards each other over the border challenge, each sued the other, with $5,000 and $20,000 awarded to Palmer and McGowan respectively.[14][15]
^ ab"Judgment summary" (PDF). High Court. 24 February 2021.
^"COVID-19 coronavirus: State of Emergency Declarations". www.wa.gov.au. Retrieved 2022-08-10.
^"The nation's toughest border controls are being adopted in WA, locking even its own residents out". ABC News. 2020-04-02. Retrieved 2022-08-10.
^"WA's border opening from Thursday 3 March 2022". www.wa.gov.au. 2 August 2022. Retrieved 2022-08-10.
^Dawson, Chris (18 September 2022). "Quarantine (Closing the Border) Amendment Directions (No 6)" (PDF). Retrieved 10 July 2022.
^"Clive Palmer threatens High Court challenge to WA border closure after being denied entry". ABC News. 2020-05-22. Retrieved 2022-08-10.
^corporateName=Commonwealth Parliament; address=Parliament House, Canberra. "The Australian Constitution". www.aph.gov.au. Retrieved 2022-08-10.{{cite web}}: CS1 maint: multiple names: authors list (link)
^"Clive Palmer ordered to pay costs as High Court rules in favour of WA hard border closure". ABC News. 2020-11-05. Retrieved 2022-08-10.
^McNeill, Heather (2020-11-05). "Clive Palmer loses High Court fight over WA hard border". WAtoday. Retrieved 2022-08-10.
^ abKiefel, Susan (24 February 2021). "HCA 5". Retrieved 10 July 2022.
^"WA will have to 'wake up' to the COVID threat now hard border is down, AMA warns". ABC News. 2020-10-30. Retrieved 2022-08-10.
^"WA drops its hard border from 14 November". Australian Aviation. Retrieved 2022-08-10.
^McGowan, Mark (30 October 2020). . Archived from the original on 26 May 2022. Retrieved 10 July 2022.
^"Judge slams waste of time as he rules Clive Palmer, Mark McGowan defamed each other". ABC News. 2022-08-02. Retrieved 2022-08-10.
^"Mark McGowan defends actions after court rules he and Clive Palmer to pay defamation damages". www.9news.com.au. 2 August 2022. Retrieved 2022-08-10.
External linksedit
Case B26/2020 : Palmer & Anor v. The State of Western Australia & Anor
April 13, 2024
palmer, western, australia, case, heard, high, court, australia, during, covid, pandemic, which, held, that, quarantine, closing, border, directions, authorising, legislation, emergency, management, 2005, were, impermissibly, infringing, section, constitution,. Palmer v Western Australia was a case heard by the High Court of Australia during the COVID 19 pandemic which held that the Quarantine Closing the Border Directions and the authorising legislation the Emergency Management Act 2005 were not impermissibly infringing section 92 of the Constitution of Australia 1 Palmer v Western AustraliaCourtHigh Court of AustraliaFull case namePalmer amp Anor v The State of Western Australia amp AnorDecided6 November 2020Citation s 2021 HCA 5Transcript s 3 Nov 2020 HCATrans 178 4 Nov 2020 HCATrans 179 6 Nov 2020 HCATrans 180Court membershipJudge s sittingKiefel CJ Gageler Keane Gordon Edelman JJCase opinionsThe Quarantine Closing the Border Directions comply with s 92 of the ConstitutionContents 1 Background 2 Decision 3 Consequences 4 See also 5 References 6 External linksBackground editOn 15 March 2020 the Minister for Emergency Services declared a State of Emergency in Western Australia due to the COVID 19 pandemic The following day a Public Health State of Emergency was declared by the Minister for Health 2 Following the declarations the Quarantine Closing the Border Directions Directions were given by the Commissioner of Police and State Emergency Coordinator closing the Western Australian border to all non essential travellers from 5 April 2020 3 These directions were continually extended until the Western Australian border reopened on 3 March 2022 4 5 In mid May 2020 Clive Palmer was refused entry into Western Australia under the Directions On 25 May 2020 Palmer commenced proceedings against Western Australia in the High Court 6 on the basis that the Directions and the authorising legislation impermissibly infringed section 92 of the Constitution Section 92 concerns trade commerce and intercourse among the States which shall be absolutely free 7 Decision editThe High Court s decision was handed down on 6 November 2020 8 9 with its reasons published on 24 February 2021 1 The court found that the sections of the authorising legislation for the Directions sections 55 and 67 of the Emergency Management Act 2005 did not impermissibly infringe s 92 of the Constitution in their application to an emergency constituted by the occurrence of a hazard in the nature of a plague or epidemic 10 The judgment went on to state that the exercise of power given by those provisions to make paras 4 and 5 of the Quarantine Closing the Border Directions WA does not raise a constitutional question and that costs were to be paid by the plaintiffs 10 Consequences editAs a result of the unsuccessful challenge to the hard border the Directions and the hard border remained in effect Border control measures were eased from 14 November 11 12 with some travellers from very low risk jurisdictions permitted to enter Western Australia without an exemption 13 Due to comments made by Premier Mark McGowan and Palmer towards each other over the border challenge each sued the other with 5 000 and 20 000 awarded to Palmer and McGowan respectively 14 15 See also editMineralogy v Western Australia High Court case brought by Palmer against WA over a mining compensation claimReferences edit a b Judgment summary PDF High Court 24 February 2021 COVID 19 coronavirus State of Emergency Declarations www wa gov au Retrieved 2022 08 10 The nation s toughest border controls are being adopted in WA locking even its own residents out ABC News 2020 04 02 Retrieved 2022 08 10 WA s border opening from Thursday 3 March 2022 www wa gov au 2 August 2022 Retrieved 2022 08 10 Dawson Chris 18 September 2022 Quarantine Closing the Border Amendment Directions No 6 PDF Retrieved 10 July 2022 Clive Palmer threatens High Court challenge to WA border closure after being denied entry ABC News 2020 05 22 Retrieved 2022 08 10 corporateName Commonwealth Parliament address Parliament House Canberra The Australian Constitution www aph gov au Retrieved 2022 08 10 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link Clive Palmer ordered to pay costs as High Court rules in favour of WA hard border closure ABC News 2020 11 05 Retrieved 2022 08 10 McNeill Heather 2020 11 05 Clive Palmer loses High Court fight over WA hard border WAtoday Retrieved 2022 08 10 a b Kiefel Susan 24 February 2021 HCA 5 Retrieved 10 July 2022 WA will have to wake up to the COVID threat now hard border is down AMA warns ABC News 2020 10 30 Retrieved 2022 08 10 WA drops its hard border from 14 November Australian Aviation Retrieved 2022 08 10 McGowan Mark 30 October 2020 Health based cautious transition to WA s controlled interstate border Archived from the original on 26 May 2022 Retrieved 10 July 2022 Judge slams waste of time as he rules Clive Palmer Mark McGowan defamed each other ABC News 2022 08 02 Retrieved 2022 08 10 Mark McGowan defends actions after court rules he and Clive Palmer to pay defamation damages www 9news com au 2 August 2022 Retrieved 2022 08 10 External links editCase B26 2020 Palmer amp Anor v The State of Western Australia amp Anor Retrieved from https en wikipedia org w index php title Palmer v Western Australia amp oldid 1200398406, wikipedia, wiki, book, books, library,
