Can the McGowan Government close WA borders? YES. Does such a move interfere with commerce and people’s livelihoods? Yes. Is it a drastic measure to preserve life for the community at large? – Yes. Should WA borders be opened to other states? – ?
Serving the People Versus Legal Implications
Apparently, Premier McGowan has a 91% approval rating for keeping the borders closed. He was elected to serve the people of Western Australia and that’s what he seems to be doing if anything is to be read into approval ratings. But what are the legal implications of the McGowan hard border closure? This is the question before the High Court of Australia.
The Australian Constitution says that there must be freedom of movement of goods and people between the States and Territories. That was the deal in the lead up to the 1901 Federation – divided but as one.