Community
Wiki Posts
Search
Old Nov 27, 2020, 6:02 pm
FlyerTalk Forums Expert How-Tos and Guides
Last edit by: Mwenenzi
Australian Government links
AU Govt (03 Jul 2022)-->All COVID-19 border restrictions to be lifted

The AU federal and state govt web sites are the *only* source of information.
Links smartraveller.gov.au
Update to new measures for return to Australia
COVID-19: Re-entry and quarantine measures

In addition State/territory authority may be needed.
What is in effect at any time can be hard to determine. Can change at short notice.

AU (Federal) Minister of Health
AU Department of Health Australian National Cabinet press releases
Print Wikipost

Australia’s response to Covid-19 [general border control thread]

Thread Tools
 
Search this Thread
 
Old May 14, 2021, 6:54 pm
  #571  
FlyerTalk Evangelist
 
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,408
Originally Posted by lokijuh
It became less popular when the media and a ministerial press release (from Minister of Health) pointed out that those who attempted to return on flights via other ports could face up to 5 years jail (ScoMo later clarified that it wouldn’t happen). Jailing Australian citizens returning to Australia seemed to be a bit drastic.
That's a bit like a headline screaming 'Australia jails citizens for driving'. Which can be true... if you break the law and endanger others.

It's the same with the Biosecurity Act... the penalties are the maximum which can be imposed for serious breaches which may cause harm. In this case someone returning via another port could spread the virus to all those who have come from another low risk country, also via that transit port.
LHR/MEL/Europe FF is offline  
Old May 14, 2021, 6:55 pm
  #572  
FlyerTalk Evangelist
 
Join Date: Feb 2005
Location: RSE
Programs: AA Exp|VA Platinum
Posts: 15,506
Originally Posted by kiwifrequentflyer
I find the difference in reactions fascinating. Here when we stopped flights from India, politically it was a very popular opinion. Based on this thread, it seems it was less popular in Australia.
It wasn't that the flights stopped it was making it a crime for Australian citizens to attempt to return to Australia that got people's backs up.
LETTERBOY likes this.
bensyd is online now  
Old May 14, 2021, 6:59 pm
  #573  
FlyerTalk Evangelist
 
Join Date: Feb 2005
Location: RSE
Programs: AA Exp|VA Platinum
Posts: 15,506
Interesting comments from Dr Coatsworth – he was last year a federal deputy Chief Health Officer and is an infectious diseases specialist so his opinion hopefully carries some weight. It's encouraging to see a debate forming about how and when the border reopens rather than just sound bites and thought bubbles from federal and state premiers. Which add nothing but confusion.
Australia’s former deputy chief medical officer has challenged doctors to smash the “false idol” of COVID-19 eradication and prepare the public for the next critical phase of the pandemic: open international borders and the return of the virus in the community.

...

“We once again have a responsibility as a profession to calmly reassure the community that vaccines must be taken up when they are offered, that waiting is not a valid option either individually or for the public health, and that ultimately when we allow COVID-19 back on our shores and it circulates in our community, that we are prepared and comfortable for that to happen,” said the infectious disease physician – one of the Commonwealth government’s most prominent public health spokespeople throughout 2020.

“I know that will make some, maybe most, in this room and online today uncomfortable.”
...

Dr Coatsworth, in his speech on Thursday night, said Australians had to come to terms with the fact that Australia cannot ride out the COVID-19 pandemic “in an eliminationist bunker”.

“It is clear we will not have our borders closed indefinitely. We will not have quarantine stations in perpetuity whilst we aim for the false idol of eradication,” said Dr Coatsworth, speaking in a personal capacity.

“At a point in the future when a significant majority of our community is vaccinated, there will be pressure to open our borders. We must not resist that. In fact, when the time is right, we should be leading the calls for it.”
https://www.smh.com.au/national/form...14-p57s1u.html
JNelson113 likes this.
bensyd is online now  
Old May 14, 2021, 7:02 pm
  #574  
FlyerTalk Evangelist
 
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,408
Originally Posted by bensyd
It wasn't that the flights stopped it was making it a crime for Australian citizens to attempt to return to Australia that got people's backs up.
Yeah - but those penalties have been there since the Act was passed. They were not specific to people coming from India. Even attempting to leave Australia without an exemption will make you liable to the same fines and potential jail time.
Mwenenzi likes this.
LHR/MEL/Europe FF is offline  
Old May 14, 2021, 7:26 pm
  #575  
FlyerTalk Evangelist
 
Join Date: Feb 2005
Location: RSE
Programs: AA Exp|VA Platinum
Posts: 15,506
Originally Posted by LHR/MEL/Europe FF
Yeah - but those penalties have been there since the Act was passed.
I'd be surprised if the intention of legislators when passing the Biosecurity Act was to give the health minister unilateral power to criminalise citizens attempting to enter their own country. Actually, given the unease many LNP MPs felt it would seem very unlikely that such a power was ever intended.
JNelson113 and LETTERBOY like this.
bensyd is online now  
Old May 14, 2021, 8:48 pm
  #576  
FlyerTalk Evangelist
 
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,408
Originally Posted by bensyd
I'd be surprised if the intention of legislators when passing the Biosecurity Act was to give the health minister unilateral power to criminalise citizens attempting to enter their own country. Actually, given the unease many LNP MPs felt it would seem very unlikely that such a power was ever intended.
Section 477 of the Biosecurity Act:
(1) During a human biosecurity emergency period, the Health Minister may determine any requirement that he or she is satisfied is necessary:
(a) to prevent or control:
(i) the entry of the declaration listed human disease into Australian territory or a part of Australian territory; or

(ii) the emergence, establishment or spread of the declaration listed human disease in Australian territory or a part of Australian territory; or
(b) to prevent or control the spread of the declaration listed human disease to another country; or
(c) if a recommendation has been made to the Health Minister by the World Health Organization under Part III of the International Health Regulations in relation to the declaration listed human disease--to give effect to the recommendation.
Note 1: A person who fails to comply with a requirement determined under this subsection may commit an offence (see section 479).

It doesn't say (1)(a)(i) cannot apply or must not apply to Australian citizens.

The Federal Court has made a preliminary decision in respect of this, with some commentary here: https://www.abc.net.au/news/2021-05-...-ban/100129520
LHR/MEL/Europe FF is offline  
Old May 14, 2021, 8:50 pm
  #577  
FlyerTalk Evangelist
Original Poster
 
Join Date: Apr 2001
Location: MEL CHC
Posts: 21,035
Dr Coatsworth, in his speech on Thursday night, said Australians had to come to terms with the fact that Australia cannot ride out the COVID-19 pandemic “in an eliminationist bunker”.

“It is clear we will not have our borders closed indefinitely. We will not have quarantine stations in perpetuity whilst we aim for the false idol of eradication,” said Dr Coatsworth, speaking in a personal capacity.

“At a point in the future when a significant majority of our community is vaccinated, there will be pressure to open our borders. We must not resist that. In fact, when the time is right, we should be leading the calls for it.”
Just need to convince/lean on the state premiers. 2 in particular.
The Fed's & NSW have been more liberal with possible border opening/regime for entry than the others,
The states control the CV19 (health) response once people walk out of the federally regulated international airports. (other than Howard Springs - repat flights)
LETTERBOY likes this.
Mwenenzi is offline  
Old May 14, 2021, 10:01 pm
  #578  
FlyerTalk Evangelist
 
Join Date: Feb 2005
Location: RSE
Programs: AA Exp|VA Platinum
Posts: 15,506
Originally Posted by LHR/MEL/Europe FF

It doesn't say (1)(a)(i) cannot apply or must not apply to Australian citizens.
I'm not saying it does.
Mwenenzi, CPMaverick and LETTERBOY like this.
bensyd is online now  
Old May 15, 2021, 12:36 am
  #579  
 
Join Date: Nov 2017
Location: New Zealand (when I'm home!)
Programs: Air NZ Elite
Posts: 1,218
"False idol" is pretty accurate.

I have greatly enjoyed our covid free time don't get me wrong, but I am aware it will have to come to an end and that we will have to open the borders sometime and let it come in.

​​​​​I don't know how one can explain or prepare the general population of AUS/NZ for such a drastic shift in approach.
kiwifrequentflyer is offline  
Old May 15, 2021, 1:14 am
  #580  
FlyerTalk Evangelist
 
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,408
Originally Posted by bensyd
I'm not saying it does.
So wouldn't the power to stop a citizen coming back - temporarily, and in response to an emergency - therefore be intentional? And if yes, then the penalties also?
LHR/MEL/Europe FF is offline  
Old May 15, 2021, 5:40 am
  #581  
FlyerTalk Evangelist
 
Join Date: Feb 2005
Location: RSE
Programs: AA Exp|VA Platinum
Posts: 15,506
Originally Posted by LHR/MEL/Europe FF
So wouldn't the power to stop a citizen coming back - temporarily, and in response to an emergency - therefore be intentional?
No.
CPMaverick likes this.
bensyd is online now  
Old May 15, 2021, 5:30 pm
  #582  
FlyerTalk Evangelist
 
Join Date: Feb 2005
Location: RSE
Programs: AA Exp|VA Platinum
Posts: 15,506
Comments from the Victorian CMO on the border reopening. At this point it seems like it will be difficult for the premiers of Qld and WA to insist they're just "following the health advice" if they don't reopen once everyone has been vaccinated. The wild card still remains variants that are vaccine immune.
Professor Sutton - who helped enact one of the world’s harshest lockdowns last year in Melbourne - told an audience late last month the time to reopen borders was once every adult had been offered a COVID vaccine.

“Then we really need to say, ‘look, we can’t sit on our hands here’,” he said in the private seminar.

“We all need to step up to get vaccinated, in order to open up Australia to world travel and arrivals so that our education sector, tourism sector, all other kinds of compassionate reasons for us to see family and friends overseas can come to the fore.”
https://www.smh.com.au/politics/fede...15-p57s7o.html
LETTERBOY likes this.

Last edited by bensyd; May 15, 2021 at 5:44 pm
bensyd is online now  
Old May 15, 2021, 6:20 pm
  #583  
 
Join Date: Nov 2017
Location: New Zealand (when I'm home!)
Programs: Air NZ Elite
Posts: 1,218
Right now, thankfully, the variants don't seem to cause serious illness in those vaccinated, even if they are more likely to cause a mild symptomatic infection.

It would be interesting once we do reopen borders to see the impact on businesses efficiency with sick leave if a study is ever done. A flu like illness won't kill most people but it does knock you out for about a week. Not a big deal, just curious. With our borders closed, almost no one I know has gotten colds/flu last year since we never imported the Northern Hemisphere strains.
​​​​​​
kiwifrequentflyer is offline  
Old May 16, 2021, 12:07 pm
  #584  
 
Join Date: May 2006
Location: GA
Programs: VA-PLT, QF-GLD, DL-GM, UA-ex1K, AA-exPLT, HH-DM, IHG-PLT, MR-GLD
Posts: 8,242
Originally Posted by LHR/MEL/Europe FF
So wouldn't the power to stop a citizen coming back - temporarily, and in response to an emergency - therefore be intentional? And if yes, then the penalties also?
The outcome of a law is not always the same as the intention. Ideally it is... but writing legislation that considers every possible situation is difficult.

When @bensyd said he doubted it's the intention of the law, citing the law is not relevant, because the whole idea is that the law was written without consideration for that outcome.

And, it's pretty obvious that a pandemic wasn't exactly on everyone's minds pre-2020.
CPMaverick is offline  
Old May 16, 2021, 4:14 pm
  #585  
FlyerTalk Evangelist
 
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,408
Originally Posted by CPMaverick
The outcome of a law is not always the same as the intention. Ideally it is... but writing legislation that considers every possible situation is difficult.

When @bensyd said he doubted it's the intention of the law, citing the law is not relevant, because the whole idea is that the law was written without consideration for that outcome.

And, it's pretty obvious that a pandemic wasn't exactly on everyone's minds pre-2020.
I agree there are cases where legislation has unintended consequences, perhaps only realised once the law is operation.

But I'm not sure that's the case here. The purpose of quoting the relevant section was to show how clear it is. It sits in the Biosecurity Act and the subject matter is explicitly outlined. If it doesn't apply to this type of situation, what is its purpose?

This particular pandemic may not have been in anyone's mind, but it doesn't need to be. There's a long history on this subject matter with the Biosecurity Act replacing the Quarantine Act of 1908, and there were several outbreaks of SARS and similar leading up to the drafting of the Biosecurity Act.
LHR/MEL/Europe FF is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.