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Parliamentary Questions


Question Without Notice No. 853 asked in the Legislative Assembly on 5 November 2020 by Mr J.N. Carey

Parliament: 40 Session: 1

CORONAVIRUS — INTERSTATE BORDER RESTRICTIONS — HIGH COURT CHALLENGE

853. Mr J.N. CAREY to the Premier:

(1) Can the Premier update the house on the High Court challenge to Western Australia's hard border by Clive Palmer, including when we are expecting to learn of the High Court decision?

(2) Can the Premier outline to the house why the state government will not give in to Mr Palmer and his efforts to undermine the health of Western Australians?

Mr M. McGOWAN replied:

(1)–(2) I thank the member for the question. Tomorrow will be a very important day for Western Australia and the entire country.

Several members interjected.

The SPEAKER: Members.

Mr M. McGOWAN: At 6.45 am tomorrow, the High Court will hand down its judgement on Western Australia's hard border, which Mr Clive Palmer is challenging. We will learn whether the High Court supports our position. The hard border has been necessary to protect Western Australians and stop the spread of COVID-19 into our state. It is absolutely vital that Western Australia, and indeed all states, retains the capacity to implement borders to protect the health and welfare of the citizens within the states, particularly those more isolated states such as Western Australia and Tasmania.

Our Solicitor-General, Joshua Thomson, SC, has been in Canberra putting forward Western Australia's case. I would like to thank him and his entire team for all their work. Our position has been: first, WA border controls have been reasonably necessary for the protection of the Western Australian community against the health risks of COVID-19 and, indeed, any pandemic that might arise; second, our border controls are reasonably appropriate and proportionate to achieve that purpose; and, third, no other equally effective means would impose a lesser burden on interstate trade, commerce and intercourse available to achieve the purposes that we have achieved. We have already succeeded before the Federal Court in relation to findings of fact on this matter. Justice Darryl Rangiah found —

The border restrictions have been effective to a very substantial extent to reduce the probability of COVID-19 being imported into Western Australia from interstate.

We have demonstrated to the courts that our border measures have protected the health and wellbeing of all Western Australians. The border has kept Western Australia safe and strong during this period. We have been determined to fight Mr Clive Palmer the whole way.

I would like to say once again that Mr Palmer's conduct has been disgraceful. We will not give in to Clive Palmer no matter how much money he spends trying to undermine this state. He makes his money in this state and then he uses that money, delivered by the taxpayers and the people of this state, to undermine the health and welfare of the people of this state. The way he behaves is disgraceful and disgusting. We have also been very disappointed in the Liberal Party for supporting the greedy Queensland billionaire. The Liberal Party chose to back Mr Palmer, which was a very, very bad decision.

I urge the opposition to support what the government is attempting to do through the COVID-19 Response Legislation Amendment (Extension of Expiring Provisions) Bill 2020 to extend the state of emergency legislation. We are attempting to ensure that the protections contained within that legislation that is before Parliament today are extended in this state for another six months. We live in a world full of COVID. I invite members to look at Britain, Germany, the United States, France and Spain and what is occurring internationally. We obviously need the capacity to keep in place the measures we currently have. I urge the Liberal Party and the Nationals WA to help us here. Stop trying to score political points out of this. This legislation was introduced on the advice of the Commissioner of Police. The police commissioner has also asked for this legislation to be extended. It is necessary for no other reason than to ensure the measures that are currently in place to keep the people of this state safe continue to be kept in place. The moment we no longer need them, obviously, the legislation will expire. I urge all members to please support us. We are going into a caretaker period. We will not be able to reinstate the legislation. Please support us to help protect the health and welfare of Western Australians and do not play politics anymore.