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.