Michael Springer

JOSH FRYDENBERG DECIDED TO THROW “WE’RE ALL IN THIS
TOGETHER” IN THE WASTE BIN
Michael Springer on 8 August 2020
The current Covid-19 problems in Australia are another failure by
the Federal Government, not any of the State Governments.
Today Josh Frydenberg took aim at Dan Andrews (undoubtedly
Frydenberg was acting on Morrison’s orders). The only problem
for Frydenberg is that he obviously doesn’t understand the
system he works in.
• Quarantine is the sole responsibility of the Federal Government
pursuant to section 51(ix) of the Commonwealth Constitution
(“Constitution”) and the Quarantine Act 1908 (Cth) (“Act”). The
Federal Government has all of the necessary powers under the
Constitution and the Act, yet they have delegated their sole
quarantine duties to State Governments.
Delegata potestas non potest delegari is a principle in
constitutional and administrative law that means in Latin that
"no delegated powers can be further delegated."
Our founding leaders in 1901 specifically delegated the
quarantine power to the Federal Government.
Quarantine should never have been delegated by the
Federal Government, particularly as they hold the unlimited
cheque book of funds and resources to deal with such an
important issue. The Federal Government has been derelict in
its sole duty of quarantine.

• The Federal Government is also responsible for the aged
care system in Australia. Notwithstanding all of the powers
which the Federal Government has under the Aged Care Act
1997 (Cth), they have not provided enough PPE to aged care
workers, nor did they implement proper paid pandemic leave
to ensure the mainly casual workforce would have economic
security to stay away from work. Aged care protection from the
pandemic is a further failure by the Federal Government during
this Covid-19 crisis.
The Federal Government’s failure regarding the Ruby Princess is
now the subject of a special inquiry. The Federal Government has
tried to palm responsibility for the Ruby Princess off to the
New South Wales State Government, however one week before
the scandal the Federal Government confirmed they would take all
of the responsibility for our ports.
The evidence is now clear Dutton’s Border Force made crucial
mistakes assessing medical data before the Ruby Princess docked.
Undoubtedly that failure to assess data arises from a systemic
problem in Border Force regarding training and responsibility.
So when Josh Frydenberg decided to throw “we’re all in this
together” in the waste bin today by taking aim at Dan Andrews,
he somewhat stupidly opened up a can of worms regarding
Commonwealth responsibility, indeed sole Commonwealth
responsibility.
Source: Michael Springer
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