Constitutional Issues Arising from Restrictions on Freedom of Movement During the COVID-19 Public Health Emergency

This chapter uses the COVID-19 pandemic as a case study through which to explore how public health issues can influence the development of Australian constitutional law. It examines two constitutional challenges to the COVID-19 public health measures, both of which concerned restrictions on freedom of movement, namely Gerner v Victoria [2020] HCA 48 and Palmer v Western Australia [2021] HCA 5. The decisions in Gerner and Palmer demonstrate how the implementation of public health measures to respond to COVID-19 gave rise to fundamental issues about the scope and limits of government power in Australia. It is contended that Gerner and Palmer were two of the most significant decisions to emerge from the COVID-19 pandemic. Not only have they clarified the nature and scope of s 92 of the Australian Constitution, and thereby contributed to the development of the law on s 92, but these decisions will also have implications for the management of future public health emergencies in Australia