MLL424 - Biosecurity Act 2015 And Administrative Law Review Writing - Law Assignment Help

Assignment Task 

For the purposes of this assignment ignore everything that occurred in Australia in 2020. The world is exactly the same up till 1st January 2020 – with COVID-19 still originating from China. The purpose of this is to prevent you from relying on facts in the real world where COVID-19 responses have mainly been State-led. Due to our focus on the ADJR Act I have to modify the facts so that the response is federal-led. Take the facts here as the facts which you will be using before the Federal Court with the version of the Biosecurity Act provided to you.

Prof Scotus wants you to challenge the following decisions using judicial review:

(a) the decision to set out the requirements in Appendix 1 – in order to avoid the fine and to avoid the biosecurity order; and
 

(b) the declaration of Victoria as a Human Health Response Zone – so that Prof Scotus can return home; and
 

(c) the biosecurity order against Prof Scotus (assuming the requirements in Appendix 1 are valid).

The court is also interested in the question of justiciability for all the above decisions – MLL424 students please note that justiciability will be assessed for this assessment in T3 2020 (it was not in T1 2019). Please address this in your submissions alongside with the relevant arguments regarding jurisdiction, standing and grounds of review.

[1] On the 31st of December 2019 the Wuhan Municipal Health Commission announced a viral pneumonia in Wuhan, the People’s Republic of China. On the 16th of January 2020 it was confirmed that cases of the viral pneumonia were found outside of China. On the 21st of January 2020 it was confirmed that the viral pneumonia, which is a coronavirus, could be transmitted from human-to-human. On the 11th of February 2020, the World Health Organisation named the virus COVID19. By 11 March 2020, the World Health Organisation had declared COVID-19 a pandemic with more than 118,000 cases in 114 countries and thousands having tragically lost their lives.

[2] By the 28th of March, there were 458 active COVID-19 cases in Australia making the Prime Minister Scott Morrison take decisive action 1 under the Biosecurity Act 2015 (Cth) (the Act). The Prime Minister (PM) consulted the Federal Health Minister (FHM) and the PM commented “I’m gonna do this alright?” and the FHM responded with “Sure”. What “this” refers to is the use of s 44 to declare that no one can enter Australia except for “necessary matters” and that those allowed in must quarantine for 21 days. The requirements can be found in Appendix 1 (New Conditions for Entry Into Australia COVID-19 Requirements 2020 (Cth)).

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