High Court. The Plaintiffs argued that the covid-19-related Quarantine (Closing the Border) Directions (WA) issued under the Emergency Management Act 2005 (WA) impermissibly infringed s 92 of the Constitution. The Court held that the exercise of the power given by ss 56 and 67 of the Act to make paras 4 and 5 of the Direction did not raise a constitutional question. Does this mean that the limitations imposed by s 92 of the Constitution are irrelevant for the purpose of judicial review of delegated legislation or administrative decisions made under the Act? One of the judgements arguably answered that question in a novel way.
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