Why Queensland may need to PROVE COVID-19 is more deadly in the Sunshine State than the rest of Australia if it wants to keep its borders shut until September
- Queensland border closures could be taken to the High Court by Pauline Hanson
- State's Premier Annastascia Palaszczuk said they could be shut until September
- Border closures have caused major hit on Queensland tourism, a $2.5b industry
- Senator Hanson said if borders weren't open by Thursday she would go to court
- Law expert says medical advice will be key if Queensland is to keeps border shut
- Here’s how to help people impacted by Covid-19
Queensland would be forced to prove why the coronavirus is more dangerous there than anywhere else in Australia if a High Court challenge over its border closure goes ahead.
Premier Annastascia Palaszczuk has been unwavering in her stance that the borders of her state could stay shut until September, despite most other states announcing plans to reopen much sooner.
One of the biggest critics of Ms Palaszczuk's position has been Queensland senator Pauline Hanson who accused her of 'destroying people's lives' - particularly those in the tourism industry, which was worth $2.5 billion to the state's economy last year.
Ms Hanson issued the Queensland government an ultimatum on Wednesday - open the borders within 24 hours or she will launch a constitutional challenge in the High Court.
Leading constitutional expert George Williams told Daily Mail Australia that if the issue does go to the High Court, Queensland will need medical evidence to support their case to keep the borders shut.
Queensland would be forced to prove why the coronavirus is more dangerous there than anywhere else in Australia if a High Court challenge over its border closure goes ahead
Mr Williams, Dean of Law at UNSW, said the decisions of other states could be taken into account by the High Court if a challenge is launched.
'The key issue is the strength of the medical evidence of the states. If they have clear medical evidence and good modelling, and that shows that this is needed to protect their communities, then you expect High Court would uphold closures,' Mr Williams said.
'On the other hand if evidence shows this was justified at the height of the pandemic and they are now relying on old medical evidence that's not as strong, then I expect we'd see free movement and trade return.
'We know there was a problem, we just don't know what the strength of the medical evidence is now, we're just not privy to that... what the High Court case would do is expose that and show that evidence.
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'I personally think the High Court is the right place to resolve this as any decision will be directed by evidence and not politics.'
Queensland's closures have been criticised by the tourism industry, LNP MPs and even NSW Premier Gladys Berejiklian, who believes it has now gone on too long.
Australia has less than 500 active COVID-19 cases and deputy chief medical officer Professor Paul Kelly admitted this week: 'I can't see why the borders are still closed.'
NSW, Victoria and the ACT never shut their borders to the degree other states did in early March, but restrictions on non-essential travel were still enforced.
But from June 1 interstate travellers will be free to enter NSW, Victoria and the ACT.
Queensland police officers check cars at Coolangatta on the Queensland and NSW border
One of the biggest critics of Ms Palaszczuk's position has been Queensland senator Pauline Hanson who accused her of 'destroying people's lives' and has vowed to launch a High Court challenge
Leading constitutional expert Professor George Williams told Daily Mail Australia that if the issue does get taken to the High Court, Queensland will need medical evidence if they are to keep them shut
Tasmania, South Australia and the Northern Territory require interstate visitors to be quarantined for 14 days, while Western Australia - and Queensland - have shut their borders completely to non-residents or essential travellers.
Speaking on Tuesday in defence of her decision, Premier Palaszczuk said if she did not open the borders at the right time it could have lasting detrimental effects.
'These are really hard decisions everyone, I have sleepless nights, I understand people are hurting, I understand people have lost their jobs,' Ms Palaszczuk said.
'I want to get people back into work as quickly as possible.
'But if I don't do it safely it could cripple our industry for years to come.'
Federal Labor deputy leader Richard Marles urged Prime Minister Scott Morrison to step in and force Queensland's hand this week.
Professor Williams, the Dean of Law at the University of New South Wales, admitted that Mr Morrison does have scope to make laws to force the states and territories to reopen their borders.
But, he admitted, it is very unlikely that would ever be done.
The death of a 30-year-old miner in regional Queensland on Tuesday took Australia's COVID-19 death toll to 103
Queensland's warm weather and beaches make it a tourist hotspot each year, with the industry worth $2.5 billion to the state's economy in 2019
Interstate travellers will be allowed to freely enter Victoria, NSW and the ACT from June 1, but Ms Palaszczuk has said opening Queensland borders (pictured) at the wrong time could have lasting detrimental effects
'The federal parliament could pass a law that would require interstate trade to be given access to Queensland, so yes, there is a possibility the federal parliament could intervene,' he said.
'It has a power to intervene and yes a federal law would override a state law in that instance.
'When we've got through this by recognising points of difference between states, on school closures and the like, it would be a very significant intervention, so it's hard to see that happening.
'Lets say the High Court looks at it and says Queensland is right, they've got medical evidence, we'd say good.
'If it's just politics, you want the expert opinion to play out and that's where the High Court is good.'
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