USQ Law Society Law Review
Jason Lander
Winter 2021
This paper was written for a constitutional law assignment and the first page will provide context to the question and issues that will be discussed: Due to escalating concern over the spread of Covid-19 (“coronavirus”) in Australia, the Federal Government has decided to intervene. Parliament has passed a new piece of legislation that, upon receiving royal assent, will come into effect on 15 April 2020. The bill is titled the Coronavirus Attack, Response, and Defense Act (“CARDA”). Relevant provisions include the following: •
Section 1 of CARDA declares a national state of emergency in Australia necessitating an immediate, coordinated response.
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Section 2 of CARDA places all State government ministries of health under direct control of the Federal Government. All State employees who work in the fields of nursing, medical research, medical care, and like fields are to be considered employed by, and serve at the direction of, the Federal Government for the duration of the emergency declared in Section 1.
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All policy decisions relating to controlling Covid-19 are to be made by the Prime Minister, Cabinet, and their subordinates. Although politically popular, concern has arisen in some quarters about the constitutionality of CARDA.
Essay Question: Discuss whether CARDA can be supported by the inherent nationhood head of power and then address whether Section 2 complies with the doctrine of intergovernmental immunities.
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