Originally Posted by
neville_nobody
I suggest you brush up on your definitions as Marxism, socialism, and Libertinism are not what you are describing here. The opposite to a socialist style health system is user pays, either out of your own pocket or the insurance company's.
Meanwhile I read that the lunacy of Australian State Borders is continuing where you can now fly half way around the world but not within your own country. This then begs the question of how legal the state border restrictions have become. Are we going to start following the constitution or are we now 7 independent countries?
Perhaps you should re-read the Constitution. Yes, in s92 it guarantees free movement between the States, but in s118 it requires "Full faith and credit shall be given, throughout the Commonwealth, to the laws, the public Acts and records, and the judicial proceedings of any State."
That means what is says, as States have health powers within their individual jurisdictions, they have the right to impose internal quarantine measures in relation to the territory they control and/or have jurisdiction over, not national quarantine as that is a Commonwealth responsibility and only relates to entry into the Commonwealth from external territories and/or sovereign States and not internal carriage.
I don't think we want to interfere with that provision in the interests of what is really a once in a hundred year pandemic. If we do, then you might find yourself needing to get a Drivers' License in every State and Territory if you want to drive across the country, because it's that sort of thing that allows freedom of movement.
I think everyone just needs to calm down a bit as this is not going to last forever. However, there is a perfectly sound constitutional basis for what is being done, the States have the power. The Commonwealth constitution ONLY applies where it relates to a Commonwealth head of power enumerated in s51.
And s109 won't help either (inconsistency of laws) because it does not apply unless the Commonwealth has jurisdiction, because State Constitutions are preserved upon establishment of the Commonwealth, except in areas ceded to the Commonwealth.
It's not as simple as reading one section of the constitution.