Coronavirus: Mark McGowan vows to fight legal challenge to WA border rules

Premier accuses the federal government of being ‘on a mission to bring Covid to WA to infect us’ in extraordinary outburst.

WA Premier Mark McGowan has consistently said that border restrictions would only be lifted when vaccination rates hit an unspecified level above 80 per cent.

An exasperated Mark McGowan has slammed the federal government’s questioning of WA’s border controls as “completely ludicrous and preposterous”, with the WA premier vowing to fight any fresh legal challenge to the rules.

Speaking to reporters after federal Attorney-General Michaelia Cash told The Australian that their constitutional power to shut borders would diminish once the nation hits an 80 per cent vaccination rate, Mr McGowan said he found the comments “incredible”.

“Why are they on this mission to bring Covid into Western Australia to infect our public, to ensure that we shut down parts of the economy, that we lose jobs, people get sick and some people die? Haven’t they seen what’s happening in New South Wales?,” he said.

“I cannot understand why they’re doing this. It makes no sense. We are the strongest economy in Australia, we have the freest community. We have a society that is totally open. We have no one in hospital with Covid, yet they want that all to change. Why?”

He said WA’s hard border had strong support from the public and the business community.

“The idea … which seems to be propagated by people in the Liberal Party in Canberra that the big crisis is what’s happening in Western Australia is so completely ludicrous and preposterous as to be Alice in Wonderland stuff,” he said.

“They keep saying what’s happening in Western Australia, look how terrible it is over there. I mean, they should have a look at New South Wales.”

The Federal Government initially joined Clive Palmer in the Queensland billionaire’s legal challenge against WA border restrictions last year, before eventually withdrawing its support. The High Court later found in WA’s favour, ruling that Mr McGowan’s state border closure was proportionate to the public health risk of the virus.

Mr McGowan said he was not afraid of another High Court challenge.

“We had a high court challenge last year and we won easily against Clive Palmer and the Liberal Party,” he said.

“If they want to bring on round two, let them.”

While Ms Cash ruled out the Federal government bringing a legal challenge against WA’s border restrictions, Mr McGowan said he had no doubt the Attorney-General’s comments would inspire the likes of Mr Palmer to launch another case against WA.

“The federal Attorney-General saying this obviously would encourage someone like Clive Palmer or someone else with his attitudes to bring on another High Court Challenge,” he said.

“But we did it once before, we won in the High Court, and obviously if we have to do it we will do it again.”

While Ms Cash argued that increased vaccination rates could mean the border restrictions were no longer proportionate to the health risk, Mr McGowan said the experience of NSW showed that the virus still posed a danger as vaccination rates rose.

“New South Wales has high vaccination rates, and 1,116 people got it today, and four people died,” he said.

Mr McGowan has consistently said that border restrictions would only be lifted when vaccination rates hit an unspecified level above 80 per cent.

On Wednesday, he said higher vaccination rates in vulnerable cohorts — such as Aboriginal communities, multicultural communities, and poorer areas — would be central to reopening plans.

“It will be above 80 per cent vaccination, based upon health advice, and then we’ll set a date, and when we have enough vaccines to allow for people to have the opportunity to go and get themselves vaccinated,” he said.

“That’s the approach we’re adopting if we are Covid-free at that point in time.”