MEMBER for Mildura Ali Cupper has called for the appointment of a Federal Minister for Temporary Borders and has not ruled out a High Court challenge about the validity of NSW and SA’s hard border closures.

Ms Cupper on Tuesday said the Minister would be tasked with creating formally defined and separately managed low risk zones across state lines to maximise safety and minimise disruption to our economy, social fabric and constitutional right to nationhood.

“These interstate zones would temporarily redraw state borders in order to keep hot spots contained and low risk zones open”, Ms Cupper said.

“The current approach which shuts down access along state lines is unworkable and unsustainable.

“Despite the effective ring-fencing of Melbourne, NSW and SA have still seen fit to rip cross-border communities apart.

“I wonder how Adelaide and Sydney would fare if a border was drawn up the middle of King William or George Streets. It would be untenable there, and it’s untenable here.”

Ms Cupper said the longer the hard closure borders were enforced, the stronger the case was for a High Court constitutional challenge under Section 117.

“That section of the constitution is designed to protect Australians against discrimination based on the state they live in,” she said.

“Governments are allowed to discriminate to some degree, but the rules must be appropriate and adapted (or “proportionate”) to the purpose.

“It is my strong view that the hard border lockdowns by NSW and SA, at least in relation to north-west Victoria, are disproportionate to the purpose of protecting the health of NSW and SA. In relation to those on the cross-border, it poses a threat their mental and physical health.”

Ms Cupper said strong leadership was needed by the Federal Government to use its power or persuasion or influence to negotiate the creation of a temporary border bubble between SA, north-west Victoria and south-west NSW.

“If this cannot be achieved, I will be considering my options in relation to a High Court challenge,” she said.

“We are willing to make sacrifices for the public health of the nation. We will even accept extreme measures. But not if those measures have no scientific rationale. Not if those measures are patently disproportionate to the risk. Not when the goals can be achieved through far less disruptive means.

“We deserve better. If the Federal Government won’t listen, maybe the High Court will.

“We’re not just Victorians. We are Australians too.”

Ms Cupper said Sunraysia’s citrus industry had lost more than $1 million a day for a week because of a NSW ban on visa-holding seasonal workers crossing the border, while other measures of the hard border closure were disproportionate.

“Compassionate grounds are narrow and onerous, preventing families from visiting ageing and sick relatives just outside the border zone,” she said.

“Towns like Tol Tol and Carwarp are still cut in half. Cross border residents in Sunraysia and the Riverland are unable to access to medical specialists in Mildura and Adelaide.

“And worst of all, there is no end in sight.”