Australian Constitutional Law - Case Study - Law Assignment Help

Assignment Task:

Task:

INSTRUCTIONS
In Australian Constitutional Law, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. The assignment will constitute 20% of the final mark in this subject.
Assignments must be submitted by the due date unless an extension has been granted. Extensions need to be requested by email prior to the assignment due date and specific supporting evidence provided. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day. A pass mark is 50%. Assignments that are received more than ten days after the published due date will not be accepted. Please note that students granted an extension must still submit their assignment within ten days of the original assignment due date.

COMPULSORY ASSIGNMENT

It is November 2020.

You are a well-regarded Australian constitutional lawyer practising in Sydney. You are working in your chambers as the Coronavirus pandemic is, for now, under control, at least in New South Wales.

Tasmania has now closed its border to all non-Tasmanian residents, with the Tasmanian Government declaring a State of Emergency owing to the Coronavirus.

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Australia now has a limited international passenger travel service which is restricted to flights that depart and arrive from Sydney and Wellington.

You are watching the news, closely, as the Christmas holidays approach, hoping that you will be able to go on holidays (somewhere) and not be locked down in your home, again.

The Commonwealth Parliament enacted a National Emergency (Coronavirus) Act 2020 (CTH) on April 1 (Act). The Act was initially well received by the general public but Part 3 and Part 6 of the Act are now under challenge from human rights groups, sporting organisations, medical groups, and an ever- larger group of under-employed public law solicitors.

The Act relevantly provides that:

Part 3 confers power on the Minister for Health to:
(a) declare a Coronavirus emergency either nationally or in a State or Territory or in selected postcode(s);
(b) during any Coronavirus emergency declared under (a), the Minister may designate individuals who have been infected with Coronavirus in a declared State or Territory or postcode(s) to be “public health risks”;

(c) where a Coronavirus emergency has been declared per (a), the Minister may require those persons designated as public health risks per (b) to now be detained by the Australian Federal Police (detainees) and these detainees are to be transported to special hospitals or other facilities (Coronavirus Detention Facility). These detainees may be confined in a Coronavirus Detention Facility on the Minister’s orders for a period of up to 2 years for medical isolation and/or for medical testing by the Department of Health’s medical professionals.

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