Bordering on the ridiculous

Should Australia suffer another wave of COVID-19, Friday’s High Court decision — declaring that Western Australia’s hard border “does not raise a constitutional question” — will shape how the nation handles the pandemic.

Chief Justice Susan Kiefel said WA’s Emergency Management Act, which authorises the directions to close the border, complied with the Constitution when considered in the context of a plague or epidemic. The legislation did not infringe on section 92 of the Constitution, which says travel, trade and commerce between states “shall be absolutely free”.

The court has cleared the air. But at this stage, thankfully, no state is in the grip of a plague or epidemic, which is why state leaders, in the interests of their constituents and the economy, should be lifting border restrictions. Pending new outbreaks of COVID-19, from November 14 Australians from Queensland, South Australia, the ACT, Tasmania and the Northern Territory will be able to enter WA without quarantining. Although it is an important step forward, there is no good reason, apart from politics, to exclude visitors from NSW and Victoria. From Friday, Tasmania opened its borders to people from NSW, in addition to those from Queensland, SA, WA, the Northern Territory and the ACT. It is set to open the gates to Victorians on December 1.

Leaving aside the silly spat between Queensland Premier Annastacia Palaszczuk and NSW Premier Gladys Berejiklian, Queensland is short-changing its own tourism industry and the airline industry by continuing to exclude five million people from the Greater Sydney area. At least Ms Palaszczuk’s thinking is moving in the right direction in suggesting the border could be lifted to Victorians by Christmas. Her policy of reviewing border restrictions at the end of the month is too rigid, however. Given negligible infections and pending summer holidays, a more flexible approach would be advantageous, especially to Queensland tourism businesses and their staff.

The unsuccessful challenge to WA’s hard border was brought by Queensland mining magnate and would-be politician Clive Palmer. While WA Premier Mark McGowan hit out at Mr Palmer on Friday for what he claimed was “selfishness” and “greed”, Mr Palmer was entitled to bring the action. He did so in May after he unsuccessfully applied for an exemption to enter WA. The judgment has clarified the issue. But it is cold comfort to those concerned about the divisiveness and devastating cost of a series of hard borders in a nation of 25 million people for whom free movement should be part of life.

COVID-19 has not gone away. As cases worldwide approach 50 million, social distancing, hygiene and tight international borders are essential. So is planning to manage future outbreaks without inflicting protracted crippling lockdowns on society and the economy.