As we start to imagine what Australia might look like once we start to open up again, the states and territories find themselves in very different situations: New South Wales and Victoria are battling Delta outbreaks, while other states such as Queensland, and particularly Western Australia, remain largely untroubled by the virus.

So the question is, do the states have to abide by the national plan agreed to by national cabinet, and based on Doherty Institute modelling?

The short answer, writes constitutional law expert Anne Twomey, is no. National cabinet does not make laws, nor does it have any legal power. So if a state objects to something in the plan, it can refuse to implement it.

On border restrictions, the Constitution protects freedom of movement across state lines, but the High Court has long accepted there may be exceptions to this if it is to achieve another purpose, such as the protection of public health.

However, if it became the case that border restrictions were no longer “reasonably necessary and proportionate to protect public health”, a challenge to them may start to look different.

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