On the slopes overlooking the beautiful Tamar River in Northern Tasmania, cool climate grapes and olives thrive. I am in Tassie this month to help out with the annual harvest at the family olive grove at Grindelwald. We come to Tasmania every year at the beginning of winter. That is when the olives are at their best.
But this year I am obliged to spend 14 days in a government approved accommodation facility as part of the Tasmanian Government’s COVID-19 response. If I were a Tasmanian resident, I could isolate outside a government facility. But I am a mainlander – the object of perpetual suspicion and resentment by Taswegians.
Why are the rules different for mainlanders? (I proposed to the State Controller that I self-isolate in a family home).
During my lockdown, my thoughts turned to the Australian Constitution which sets out the rules by which we Australians live in “one indissoluble federal commonwealth under the Crown”. Section 92 assures us that trade, commerce, and intercourse among the States, shall be absolutely free.
The High Court considered section 92 in a case concerning Tasmanian Lobsters. (Cole v. Whitfield [1988] HCA 18)
In that case, a unanimity of seven Justices said that the purpose of the section is clear enough – to allow the free movement of people, goods or communications across State boundaries. They conceded that some reasonable regulation is necessary for the conduct of business (such as to limit the introduction of disease!). But there should be no discrimination.
Tasmania’s Premier Gutwein observed last week: “The last time I looked, the Prime Minister wasn’t …the Premier of Tasmania. We will make decisions that are in the best interest of Tasmanians.”
No, Premier, Scott Morrison is not the Premier of Tasmania. He is the Prime Minister of “one indissoluble federal commonwealth under the Crown”. So, he has a legitimate interest in free intercourse across State borders.
By the way, if you would like to order some of the best award winning extra virgin olive oil in Tasmania go to https://www.villageolivegrove.com.au/ We will even supply to mainlanders.