Minister criticises UN as inspectors denied access to NSW jails

abc.net.au

34 pointsqwery4 comments

Federal government facilities were made available. This goes to constitutional limits of authority over state functions, and state laws and federal laws have to sit alongside each other sometimes, in an uncomfortable non-hierarchy.

I am sure if the federal government had been able to unequivocally order the NSW and Qld states to open the doors they would have. No federal government goes past an opportunity to exercise it's authority inside its own boundaries. The fact they didn't to me is a strong indicator that in law, they couldn't.

What is odd though is that it seems the state of NSW doesn't think it has obligations to the United Nations, even though the body who has the constitutional authority to place that obligation on them (the Federal Government) did so.

Queensland claimed patient confidentiality forbade. I think that's a stretch. I wonder if they'd exclude their own state government health inspectorate or emergency services responding to a fire. (The Queensland secure facility is a hospital for mandatory detention under medical supervision, ordered by a judge)

Here goes nothing to hide nothing to fear argument.

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