During the COVID-19 pandemic, some Australian States shut their borders, preventing cross-border movement, except for people falling within particular exceptions. This meant that some States were COVID-free for long periods.
Some argued that this was constitutionally invalid, because section 92 of the Constitution says that movement among the States shall be 'absolutely free'. This video explains section 92 in its context, both within the text of the Constitution and as discussed by the framers of the Constitution during the Constitutional Conventions of the 1890s. It follows this interpretation through the High Court's jurisprudence, and discusses restrictions on border crossing during two pandemics - the Spanish flu of 1919 and COVID-19 in 2020. It explains why the closure of the Western Australian border was held valid by the High Court in 2021.
Негізгі бет COVID and the Constitution - Crossing State borders
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