Scott Morrisons Capacity As Prime Minister

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haymanpl

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25 June 2020
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I'm the applicant in a consumer listing at NCAT and Scott Morrison is the respondent.

I'm claiming he went outside his capacity as the Prime Minister and abused his power when he banned outgoing flights forcing me to live in Sydney.

He' s using a taxpayer funded lawyer at AGS to try and get out of it on a technicality based on jurisdiction.

File No: GEN 20/17371

Quote in all enquiries eNumber: 69299II30

Application to the Tribunal concerning BRADLEY DALTON - SCOTT MORRISON

I refer to the parties emails in the above application which have been referred to the Mark Harrowell, Deputy President.

I have been asked by the Deputy President to advise the parties that the application remains listed at 11.45am on 10 July 2020 at which time the issues raised by your correspondence and the jurisdictional issues raised in the Tribunal's letter dated 12 June 2020 will be considered.

The directions made by the Tribunal remain in effect.

My question is :

1. Does he have the right to use a government lawyer when he's the respondent in a consumer issue?
2. Does he have the power to offer Qantas tens of millions of dollars in financial inducements to cancel outgoing flights?
3. Does his capacity as prime minister enable him to anything he likes which affects commercial businesses and consumers?
 

Rob Legat - SBPL

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1. Yes. As you've referred to it, you're suing him in his capacity as 'Prime Minister'.
2. Sure.
3. No.

I think you'll be hard pressed to get NCAT to look at this. I would suspect (without going into a whole bunch of research I'm simply not prepared to do) that your action against Mr Morrison qualifies as a matter in which he is being sued in respect to his capacity as a servant of the Commonwealth (i.e. his action in his role as Prime Minister). As such, the High Court has original jurisdiction in the matter (s75).

Further, the action is concerning your ability for extra-territorial travel, also a Commonwealth matter. Section 76 makes this, also, a High Court matter.

The High Court has determined in the matter of Burns v Corbett [2018] HCA 15 that NCAT is not able to exercise federal jurisdiction of the kind referred to in sections 75 and 76 of the Constitution.
 

haymanpl

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25 June 2020
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It was outside his capacity as the prime minister when he banned outgoing flights because it has nothing to do with importing the virus. He effectively took control of the airlines when he did the deal offering tens of millions in financial inducements. He abused his power so he's personally liable.
 

Rob Legat - SBPL

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I'd do some more research if I were you. Scott Morrison may have 'announced' the ban, but it would appear that it was something along the lines of a determination by the Health Minister under the Biosecurity Act 2015 (section 45 allows the imposition of 'exit requirements'). See the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 - Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020

Please note this Determination was made by : "Greg Hunt, Minister for Health".
 

haymanpl

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25 June 2020
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I'm a overseas resident and had permission to leave but they cancelled the flights stating "beyond our control" based on government restrictions. Jetstar blame the government and the government are using the Biosecurity Act.

ncat-jurisdictional issues.png
Dalton and Morrison .png
 

haymanpl

Active Member
25 June 2020
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The legislation allows foreign resident exemptions so why would they ban outgoing flights and how does Scott Morrison in his capacity as prime minister have the power to do this when they allow some people to leave? I believe he did this to stop people leaving and then coming back.
 

Rob Legat - SBPL

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You can leave Australia as long as you meet the grounds for exemption. See here: Leaving Australia | COVID-19 and the border

'Scott Morrison' didn't do it - the Minister for Health did it pursuant to legislated powers given to him by the Australian Parliament by way of the Biosecurity Act. It's 'for your own good' as we're often told, but whether it is actually good for you in your individual case is obviously debatable. Doesn't matter, it's done, and the Courts do not have the power to overturn a clearly legislated power. They do have the ability to determine whether the power has been legitimately used, however.

I don't often make predictions in these areas, but I think I will here:
1. You're suing the wrong person.
2. NCAT doesn't have jurisdiction to look at the matter anyway. The Federal Court and Federal Circuit Court have inherent jurisdiction on the Biosecurity Act, but I doubt that will help (for the reasons given above).
3. The matter will get 'thrown out' on the basis of 1, or 2, or both.

My suggestion: try for an exemption per the link above. If you're actually a citizen of another country (unclear, but just in case), I'd also suggest contacting your embassy for assistance.
 

haymanpl

Active Member
25 June 2020
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My suggestion: try for an exemption per the link above. If you're actually a citizen of another country (unclear, but just in case), I'd also suggest contacting your embassy for assistance.
I already have an exemption from border force.
 

Rob Legat - SBPL

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The thing is, there are outgoing international flights from Sydney. Sydney airport shows -
Today:
8.55pm to Tokyo on All Nippon Airways
9.10pm to Dubai on Emirates
9.55pm to Doha on Qatar Airways

Tomorrow:
10.30am to San Francisco on United Airlines
12.15pm to Santiago on LATAM (albeit delayed)
12.40pm to Noumea on Aircalin
2.15pm to Hong Kong on Cathay Pacific Airways
5.50pm to Auckland on Air New Zealand
7.25pm to Christchurch on QANTAS
8.25pm to Singapore on Singapore Airlines
8.40pm to Abu Dhabi on Etihad Airways
9.55pm to Doha on Qatar Airlines
10.10pm to Taipei on China Airlines

So, perhaps, your claim that 'outgoing international flights are banned' isn't quite correct, either.
 

haymanpl

Active Member
25 June 2020
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My claim is my flight on the 30th March was cancelled because Jetstar cancelled it stating government restrictions beyond their control due to Covid 19. The reason they cancelled was because Scott Morrison did a deal with them offering tens of millions of dollars i financial inducements in the form of tax savings to cancel flights even though legislation allows for Australians who live overseas to leave. This deal was an abuse of power and not covered in his capacity as prime minister.