Omari Gates
Australia is made up of six federated states and ten federal territories, each with their own constitution, executive governments, and law enforcement agencies. During the COVID-19 pandemic, each state and territory has, at one time or another, closed its borders to prevent the spread of the virus. This has had a significant impact on families, individuals, and industries, and has raised questions about the constitutional validity of such closures. While some argue that border closures are necessary to protect public health, others claim that they infringe on civil liberties and hurt the economy. As vaccination rates rise and the threat of the pandemic wanes, the future of these border closures remains uncertain.
| Characteristics | Values |
|---|---|
| Date | 22nd September 2020 |
| States with closed borders | New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, Northern Territory |
| Impact | Families separated, access to medical treatment impacted, Australian tourism industry affected, airlines impacted |
| Reason | To prevent the spread of COVID-19 |
| Legal status | Likely legal, as per High Court ruling in WA's favour; some constitutional experts disagree |
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What You'll Learn
The economic impact of closed borders
During the COVID-19 pandemic, Australian states and territories imposed border controls and lockdowns to prevent the spread of the virus. These measures had a significant impact on the country's economy, with the $80 billion tourism industry being one of the hardest-hit sectors. International borders were closed, and the federal government encouraged Australians to holiday at home instead. However, with all states except New South Wales and Victoria enforcing a ban on interstate visitors, even domestic tourism struggled.
In Queensland, tourism businesses in Northern Queensland were pushed to their limits, with Cairns Airport reporting a 12.5% decrease in passenger figures from June to July 2021. The state's premier, Annastacia Palaszczuk, faced criticism for keeping borders closed, with Flight Centre chief executive Graham Turner describing the situation as "a disaster for Queensland's economy."
The border closures also disrupted supply chains and labour markets, causing cash flow issues for many businesses. In particular, New South Wales and Victoria, which account for nearly 45% of the nation's gross domestic product (GDP), saw a 30% drop in spending compared to pre-lockdown levels. Economists predicted that if this trend continued, GDP would fall by 3% in the September quarter.
Additionally, border closures impacted employment, with self-employed rural contractors losing access to their clients and primary producers left without the harvesters they had hired. Australia also faced the possibility of losing around 150,000 jobs, with the unemployment rate expected to climb above 5.5% by Christmas 2021.
The Western Australian (WA) budget also showed that border closures limited the state's economic growth, despite the state recording strong growth in mineral extraction due to its physical isolation.
Overall, the economic impact of closed borders in Australia was significant, affecting businesses, employment, and the tourism industry. The measures taken to control the spread of COVID-19 had far-reaching consequences for the country's economy.
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The legality of border closures
Australia's internal border closures during the COVID-19 pandemic caused families to be separated and individuals to be unable to access medical treatment in other states. The closures also wreaked havoc on the airline industry and businesses that work with them.
While state and territory governments may legislate on matters concerning their citizens, they are subject to the limits of the federal constitution. The Australian Constitution guarantees free "trade, commerce and intercourse" between the states. However, states have the power to create emergency laws to shut borders in a health crisis, and the High Court has upheld this right.
In 2021, mining magnate Clive Palmer challenged Western Australia's border closure in the High Court, claiming it breached section 92 of the Australian Constitution. The High Court ruled that the state's emergency health orders were proportionate to protecting the health and livelihoods of Australian citizens. However, the court's reasoning was not made public, and legal experts have noted that the court's orders were phrased in a peculiar and limited way, leaving uncertainty about the legality of state border closures.
Some legal experts argue that the constitution does not explicitly give states the power to shut their borders and that border closures violate the freedom of movement and political communication implied under the constitution. With rising COVID-19 vaccination rates, some have also argued that border closures become less proportionate to the risk posed by the pandemic.
The border closures during the COVID-19 pandemic have also been criticised as violating human rights and ethical obligations. By closing borders to its own citizens, Australia effectively made its citizens stateless, setting a dangerous precedent that citizenship can be unreliable under any circumstances.
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The Victoria-NSW border
In 2020, the border between Victoria and New South Wales was closed for the first time in 100 years, in an effort to curb the spread of COVID-19. This closure caused significant disruption to airlines and related industries, with Qantas and Virgin Australia struggling to maintain operations. While residents living along the border were allowed to go about their business, those hoping to travel between Melbourne and Sydney faced significant obstacles, including mandatory quarantine upon arrival.
The closure of the Victoria-NSW border also had a significant impact on families separated across state lines and individuals accessing medical treatment in different states. The length of time that Australians' freedom of movement was restricted raised concerns about the threat to democracy and civil liberties.
As vaccination rates rose and COVID-19 transmission decreased, there was increasing pressure to reopen the border. In November 2024, there were discussions about potentially reopening the border within a month, provided that Victoria could demonstrate effective contact tracing and control over the spread of the virus.
The border between Victoria and New South Wales has been a point of contention, both historically and in recent times due to the COVID-19 pandemic. The closure of the border impacted industries, families, and individuals, highlighting the complex challenges faced by authorities in managing public health crises.
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Travel restrictions
Australia's internal border closures have had sad and tragic consequences for families separated across state lines and individuals accessing medical treatment in different states.
In response to the COVID-19 pandemic, Australian states and territories imposed border restrictions, often with only a few hours' notice. This has had a significant impact on the travel plans of countless individuals.
As of September 2020, New South Wales and the Australian Capital Territory remained closed to travellers from Victoria. There was, however, a bubble along the New South Wales/Victorian border, allowing residents on both sides to go about their business. Queensland was closed to travellers from New South Wales, Victoria, and the Australian Capital Territory, but was expected to start allowing travellers from the Australian Capital Territory from 25 September 2020. South Australia was closed to travellers from New South Wales and Victoria, but was expected to open to travellers from New South Wales soon. The Northern Territory was closed to travellers from Victoria and the greater Sydney area. Western Australia and Tasmania were closed to everyone except essential travellers and their own residents. Queensland also required anyone entering, including returning residents, to have an entry pass. Western Australia required everyone seeking an exemption to its self-isolation rule to make a formal application.
These border closures have been controversial, with critics arguing that they are crushing Australia's struggling tourism industry and threatening democracy and civil liberties. Mining magnate Clive Palmer challenged Western Australia's hard border closure in the High Court, claiming it breached section 92 of the Australian Constitution, which guarantees free "trade, commerce and intercourse" between the states. However, the High Court ruled that the border closures were proportionate to protecting health and livelihoods.
As COVID-19 vaccination rates increase, some argue that border restrictions become less necessary and proportionate to the risk.
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The impact on families
Australia has six federated states: New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia. In addition, there are internal territories like the Australian Capital Territory, the Jervis Bay Territory, and the Northern Territory. During the COVID-19 pandemic, some Australian states closed their borders to prevent the spread of the virus. For instance, in July 2020, the Victoria-NSW border shut down for the first time in 100 years. Other states like Queensland, New South Wales, and South Australia also implemented border restrictions. These border closures have had a significant impact on families, especially those with cross-border parenting arrangements.
Impact on Families:
The closure of state borders and international borders in Australia during the COVID-19 pandemic had a profound impact on families. Many families experienced separation and were unable to reunite or visit their loved ones in other states or countries. This led to distress, especially among women, who felt that crucial life milestones, such as the birth of grandchildren, were severely impacted due to their absence.
Families with cross-border parenting arrangements faced great disruption, even if their arrangements were legally formalised. While they could still continue with their parenting plans, they had to anticipate border-crossing delays and, in some cases, mandatory quarantine stays. These challenges prompted some families to seek legal advice to navigate the complexities of cross-border parenting during the pandemic.
The pandemic-induced border closures also affected refugees, significantly curtailing their resettlement in Australia from March 2020. This resulted in negative consequences for refugees trying to reunite with their families, with differences observed based on gender, visa category, and language group/ethnicity. The restrictions on movement also potentially impacted Australians' abilities to freely communicate, gather, and congregate, restricting their freedom of political communication.
Overall, the closure of state and international borders in Australia during the COVID-19 pandemic created significant challenges for families, leading to separation, disruptions in parenting arrangements, and negative impacts on refugees trying to reunite with their loved ones. These measures also had broader implications for Australians' civil liberties and freedom of movement.
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Frequently asked questions
All Australian states have imposed border restrictions at one time or another to control the spread of COVID-19.
The restrictions on movement have restricted Australians' abilities to freely communicate, gather, and congregate on political issues. It has also impacted the tourism industry, with Qantas and Virgin Australia struggling to increase capacity.
While some claim that it is illegal under the constitution for states to close their borders, constitutional experts say that it has long been accepted by the courts that there can be valid exceptions, where it is necessary to protect the people.
