NEWSLETTER: NSW Public Sector – Issue 100

20 November 2020

Publications

Welcome to Issue 100 of the NSW Public Sector Newsletter.
Clive Palmer was unsuccessful in his attempt to overturn the Western Australian Border Closures that have been legislated due to the COVID-19 pandemic. In his application to the High Court of Australia, Mr Palmer argued that the border closures offended s92 of The Constitution that trade within the Commonwealth be free. The Court constituted by Justices Gageler, Keane, Gordon, Edelman and Chief Justice Kiefel held that on their proper construction ss56 and 67 of The Emergency Management Act 2005 (WA), in their application to an emergency constituted by the occurrence of a hazard in the nature of a plague or epidemic, comply with the constitutional limitation of s92 of The Constitution in each of its limbs and that the exercise of the powers given by these provisions did not raise a constitutional issue.

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