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Bolstering quarantine facilities must be priority to allow more open, safe Australian borders
Bolstering Australia’s quarantine facilities to allow Australians to come home or reunite with family overseas must be the Federal Government’s urgent priority, says the Australian Lawyers Alliance (ALA).
“The government is concentrating on the blunt instrument of a travel ban and, most recently, sensational criminal sanctions but needs to focus its attention on improving quarantine facilities,” said Mr Joseph Wheeler, aviation lawyer and spokesperson for the ALA. “Extreme border closures are causing serious distress for many families and these severe travel bans have gone on too long.
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Prime Minister Scott Morrison has sought to quell concerns over the introduction of fines and jail penalties for Australians who try to return home from India, declaring the chance of it happening is “pretty much zero”.
The government has received widespread backlash for its decision to make it illegal for people stranded in India to return home until 15 May, as the country battles a catastrophic coronavirus outbreak.
The emergency declaration, permitted under the Biosecurity Act, states Australian citizens and residents could attract a $66,600 fine or a five-year jail term for breaching the suspension.
No such measure has been applied by the government to any other international COVID-19 hotspot so far.
The Commonwealth is ‘playing politics’ with a ‘draconian’ piece of legislation 04/05/2021|2min
Barrister Greg Barns told Sky News the draconian measures within the Biosecurity Act should only be used where there is “no alternative” and said the government is “playing politics” with draconian legislation.
The federal government has made it illegal for people who spent time in India within 14 days of their intended arrival date in Australia to return home and imposed a $66,000 fine or five-year jail term for those found breaking the rules.
However, on Tuesday Prime Minister Scott Morrison conceded there was “pretty much zero chance” those caught travelling home would be jailed or fined.
India travel ban prompts fresh calls for human rights charter
India travel ban prompts fresh calls for human rights charter
04 May 2021 • By Naomi Neilson Share
Under the
Biosecurity Act, Australians wanting to get home from India could face a jail term and fines of up to $66,000 if they attempt to enter the country prior to 15 May. This federal government decision has incited concerns from legal experts that the law is being used in “extreme measures” for discriminatory purposes.
Australian Lawyers Alliance (ALA) national criminal justice spokesperson Greg Barns SC argued that the measures, no matter the government reasons behind them, have given the appearance of discrimination because the same measures were not in force against the US or the UK during their worst COVID-19 outbreaks in 2020.
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A legal expert says the Morrison government’s new crackdown on returning Australians in India is potentially “discriminatory” and may constitute a breach of the law.
Health Minister Greg Hunt last week announced a temporary pause on travellers who have visited India within 14 days of their intended arrival date in Australia.
Failing to comply with the emergency determination under section 477 of the Biosecurity Act, which came into effect at 12.01am Monday, could attract a $66,600 fine or a five-year jail term.
No such measure has been applied by the government to any other international COVID-19 hotspot so far.