State Border Closures - Are They Constitutional?

Tuesday, 4 August 2020 - 6:00pm to 6:30pm

Victoria is now in a declared "State of Disaster" with category 4 lockdown and some States have closed their borders to Victorians, as well as to their own residents who have been living elsewhere. In this episode we speak to Constitutional Law expert, Professor Kim Rubenstein from the University of Canberra about how the Australian Constitution is being used by Clive Palmer to challenge the WA border closures, and discuss what the High Court will consider when determining whether the closures are lawful.

This is a critical legal issue which will have far reaching implications for many Australians currently living interstate. We interview, Amber, a Western Australian with family in Perth, who recently moved to Melbourne for study and now finds themself unable to return to WA despite facing homelessness in Melbourne.*

*Update (05/08/2020) - Our guest Amber was granted an exemption by the WA State Government to enter Western Australia after our interview regarding their circumstnaces.

Show Notes:

During the episode Professor Kim Rubenstein made reference to the following oral history record about Marlene Ann Hall:

Australian Woman Lawyers as Active Citizens - Professor Kim Rubenstein interview with Marlene Ann Hall

Previous High Court Judgements referred to in discussion:

Cole v Whitfield [1988] HCA 18 

Castlemaine Tooheys Ltd v South Australia [1990] HCA 1 

The Australian Constitution

The episode discusses section 92 and section 117


Tuesday 6:00pm to 6:30pm
Current legal issues presented by the Federation of Community Legal Centres, giving an alternative view of proposed legislation changes.


Members of the Federation of Community Legal Centres