The covid-19 border closure to India: Would an Australian Human Rights Act have made a difference?

In late April 2021, the Commonwealth government determined to prohibit overseas travellers who had been in India from returning to Australia, subjecting them to heavy penalties for breach. This measure was controversial and unprecedented in Australia's response to COVID-19, drawing sharp critic...

Full description

Saved in:
Bibliographic Details
Published inAlternative law journal Vol. 46; no. 4; pp. 320 - 325
Main Author Chen, Bruce
Format Journal Article
LanguageEnglish
Published Clayton, Vic SAGE Publications 01.12.2021
Legal Service Bulletin Co-Operative Ltd
Subjects
Border security
Closure
Coronaviruses
COVID-19
COVID-19 (Disease)
Criticism
Government policy
Human rights
Judicial review
Justice, Administration of
Law
Law and legislation
Legal studies
Quarantine
AUSTRALIA
INDIA
Australia
India
COVID-19
Biosecurity Act 2015 (Cth)
National Human Rights Act
border closure to India
Online AccessGet full text

Cover

More Information
Summary:In late April 2021, the Commonwealth government determined to prohibit overseas travellers who had been in India from returning to Australia, subjecting them to heavy penalties for breach. This measure was controversial and unprecedented in Australia's response to COVID-19, drawing sharp criticism for breaching human rights. This article analyses the human rights issues arising under the Health Minister's determination, and the ensuing Federal Court case of 'Newman v Minister for Health and Aged Care'. Against the backdrop of a renewed push for a national Human Rights Act, it finds that a national Human Rights Act could have made a difference.
Bibliography:Alternative Law Journal, Vol. 46, No. 4, Dec 2021, 320-325
Informit, Melbourne (Vic)
ISSN:1037-969X
2398-9084
DOI:10.1177/1037969X211040618