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Restrictions on Businesses, Activities and Undertakings Direction (No. 9)

Summary

Effective from: 4pm 17 November 2020

Posted: 14 November 2020

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Public Health Act 2005 (Qld)

Section 362B

On 29 January 2020, under the Public Health Act 2005, the Minister for Health and Minister for Ambulance Services made an order declaring a public health emergency in relation to coronavirus disease (COVID-19). The public health emergency area specified in the order is for ‘all of Queensland’. Its duration has been extended by regulation to 31 December 2020 and may be further extended.

Further to this declaration, l, Dr Jeannette Young, Chief Health Officer, reasonably believe it is necessary to give the following direction pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Preamble

  1. This Public Health Direction replaces the Public Health Direction referred to as the Restrictions on Businesses, Activities and Undertakings (No. 8) made on 2 October 2020, and is the successor of that Direction.
  2. This Public Health Direction is to be read in conjunction with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.

Citation

  1. This Public Health Direction may be referred to as the Restrictions on Businesses, Activities and Undertakings Direction (No. 9).

Revocation

  1. The Restrictions on Businesses, Activities and Undertakings Direction (No. 8) made on 16 October 2020 is revoked from 4pm on 17 November 2020.

Commencement

  1. This Public Health Direction applies from 4pm on 17 November 2020 until the end of the declared public health emergency, unless it is revoked or replaced.

PART 1 — DIRECTION – RESTRICTIONS ON BUSINESSES, ACTIVITIES AND UNDERTAKINGS

Operating a Restricted Business, Activity or Undertaking

  1. A restricted business, activity or undertaking is a business, activity or undertaking of the type specified in column 1 of Schedule 1.
  2. A person who owns, controls or operates a restricted business, activity or undertaking in the State of Queensland, including operating at a private residence, or in a public space, may operate the business, activity or undertaking in accordance with:
    1. any restrictions listed in column 2 of Schedule 1; and
    2. on the basis that occupant density is no more than one person per 2 square metres for the areas open to or used by guests or patrons, whether indoors or outdoors, unless otherwise specified in column 2 of Schedule 1; and

      Example: for a café or restaurant, the dining area but not the kitchen

      Note – nothing in this Direction is taken to allow a business to exceed the number of occupants permitted under regulations or legislation applying to the business such as fire safety, planning approvals or workplace health and safety regulations.
    3. the COVID SAFE Framework; and
    4. public health controls.

      Note – people should observe physical distancing to the extent possible.
  3. Where an Approved Plan, COVID Safe Checklist or COVID Safe Event Checklist refers to restricting the number of people to a density that is different to one person per 2 square metres, the occupant density in this Direction prevails to the extent of any inconsistency.

    Example – the Approved Plan for Queensland Tourism and Accommodation refers to a density of no more than one person per four square metres of floor space.  A business may allow 1 person per 2 square metres, unless otherwise specified in column 2 of Schedule 1.

COVID Safe Framework

  1. The COVID Safe Framework is:
    1. where there is an Approved Plan for the business, activity or undertaking - the Approved Plan; or

      Note – an Approved Plan remains valid and does not require further approval by the Chief Health Officer or a delegate where it is updated to reflect the further easing of restrictions (for example, the requirement for occupant density changing from 1 person per 4m2 to 1 person per 2m2).

      Note – an Approved Plan is either a COVID Safe Industry Plan, a Site Specific COVID Safe Plan, a COVID Safe Professional Sporting Code Plan, or a COVID Safe Event Plan approved by the Chief Health Officer or delegate.
    2. where there is no Approved Plan for the business, activity or undertaking - a COVID Safe Checklist (if applicable) or a COVID Safe Event Checklist; or
    3. where the business elects not to operate under an Approved Plan (despite one being applicable) – an applicable COVID Safe Checklist for a maximum of 50 people; or

      Example – a small café may prefer to operate under the COVID Safe Checklist for dining and drinking in venues rather than an Approved Plan.
    4. where there is no applicable Approved Plan, COVID Safe Checklist or COVID Safe Event Checklist a person who owns, controls or operates a restricted business, activity or undertaking must –
      1. operate for a maximum of 50 people with no more than one person per 2 square metres, unless otherwise specified in column 2 of Schedule 1; and
      2. collect and keep contact information; and
      3. ensure physical distancing is observed; and
      4. operate the business, activity or undertaking in accordance with and other requirements of this Direction.
  2. The Chief Health Officer or delegate may amend or impose conditions on an Approved Plan.

Contact Information

  1. A person who owns, controls or operates a restricted business, activity or undertaking must collect and keep contact information about all guests, patrons and staff unless otherwise specified.

    Note – see the definition of contact information in Schedule 2 for record keeping requirements

Buffet self-service

  1. A person who owns, controls or operates a restricted business, activity or undertaking that serves food must not allow food to be served via self-service buffet.

    Example – café, restaurant, hotel, RSL, casino.

    Note – also see buffet self-service restrictions in paragraph 18.

Takeaway Food or Home Delivery

  1. A person who owns, controls or operates a restricted business, activity or undertaking that provides takeaway food or home delivery is not required to collect contact information from takeaway or home delivery patrons.

    Note – a business such as a café or fast food outlet must collect contact information from dine in patrons.

Dancing

  1. A person who owns, controls or operates a restricted business, activity or undertaking must not operate a dance area for dancing in an indoor space unless otherwise specified in Schedule 1.

    Example – a nightclub must not operate an indoor dance floor for dancing but may use the space for dining or drinking.
  2. A person who owns, controls or operates a restricted business, activity or undertaking, may operate an area for dancing in an outdoor space on the basis that no more than one person per 2 square metres dances in the dance area.

    Example – a pub may operate a dance area for dancing in an outdoor space, such as a beer garden. Mosh pits that exceed one person per 2 square metres at outdoor festivals are not permitted.

Weddings

  1. Despite paragraphs 14 or 15, a restricted business hosting a wedding in accordance with this Direction may allow all attendees to dance in an indoor space or outdoor space.

School Formals and End of Year 12 Events

  1. Despite paragraphs 14 or 15, a restricted business hosting an end of Year 12 event or Year 12 school formal in accordance with this Direction may allow all attendees to dance in an indoor space or outdoor space.

Non-Restricted Businesses, Activities and Undertakings

  1. A non-restricted business, activity or undertaking that serves food must not allow food to be served via self-service buffet.

    Example – a work site, residential aged care facility or canteen.
  2. A non-restricted business, activity or undertaking may otherwise operate as normal, with physical distancing observed and subject to any other applicable Public Health Directions.

PART 2 - PENALTIES

A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.

Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

  • A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
  • Maximum penalty - 100 penalty units or 6 months imprisonment.

Dr Jeannette Young
Chief Health Officer

17 November 2020

Published on the Queensland Health website at 4:00 pm

Schedule 1

Column 1
Business, activity, undertaking, premises or place
Column 2
Restrictions and Allowances
Food and drink
Retail food services (including cafes, restaurants, fast-food outlets)
  • May also operate for takeaway service and home delivery.

Food courts
  • Must operate in compliance with a COVID Safe Checklist.
  • The requirement to collect contact information does not apply.
Retail
Auction houses  
Real estate auctions and open house inspections  
Beauty and personal care services
Hairdressing  
  • Beauty therapy (for example, facials, makeup, waxing and laser treatments)
  • Nail services (including manicures, pedicures)
  • Tanning
  • Cosmetic injections
  • Personal appearance services where skin penetration is used (example - tattooing, body piercing, skin implants, hair implants, microneedling)
  • Massage (therapeutic)
  • Day spas and wellness centres (excluding water-based spa services such as saunas and bathhouses)
  • Non-therapeutic massage
  • Water-based spa services such as saunas, bathhouses and floatation services

May operate to provide the services listed in Column 1, in compliance with:

  • an Approved Plan; or
  • despite occupant density, for a maximum of 50 people in compliance with a COVID Safe Checklist, where not complying with an Approved Plan.

Note – for businesses that provide one of the services listed in Column 1 in compliance with a COVID Safe Checklist, they are limited to 50 people for these services, regardless of whether they provide any other beauty-related services in the category above (for example, a massage parlour that provides both therapeutic and non-therapeutic massage).

Entertainment venues
Pubs, licensed clubs, RSL clubs, function centres, bars, wineries, distilleries and microbreweries, and licensed premises in hotels
  • May also operate for takeaway service and home delivery.
Casinos, gaming or gambling venues including wagering outlets that are open to, and accessible by, members of the public
  • For gaming, must operate in compliance with an Approved Plan.

Major Sports Stadiums

Major Sports Stadiums may operate in compliance with an Approved Plan and the following conditions :

For an indoor facility

  • one person per 2 square metres; or
  • up to 100% of seated venue capacity at ticketed events with patrons in allocated seating

For outdoor facilities

  • one person per 2 square metres; or
  • up to 100% of seated venue capacity at ticketed events with patrons in allocated seating

Concert venues, theatres, auditoriums and cinemas

Note – if a venue does not have an Approved Plan they may operate under another element of the COVID Safe Framework (see paragraph 9)

May operate in compliance with an Approved Plan and the following conditions:

For an indoor venue

  • one person per 2 square metres; or
  • up to 100% of seated venue capacity at ticketed events with patrons in allocated seating

For an outdoor venue

  • one person per 2 square metres; or
  • up to 100% of seated venue capacity at ticketed events with patrons in allocated seating

For drive in cinemas people should remain in their vehicles to the extent possible.

Convention centres and show grounds  
Indoor and outdoor events
(Example – marathons, cultural festivals, fetes, expos)

May operate in compliance with an Approved Plan (if applicable), other than a COVID Safe Event Plan. If more than 500 people (indoor events) or more than 1500 people (outdoor events) will be in attendance, the event organiser must notify the local public health unit a minimum of 10 business days prior to the event taking place.

Otherwise, must operate in accordance with the following conditions, depending on the number of people per event (or number of people per day for multi-day events) and whether the event is held indoors or outdoors:

Must operate in accordance with the following conditions:

  • Indoor events
    • Fewer than 500 people – must comply with a COVID Safe Event Checklist, no further approval needed;
    • Between 500 and 10,000 people - must comply with a COVID Safe Event Plan approved by local public health units;
    • Over 10,000 people - must comply with a COVID Safe Event Plan approved by the Chief Health Officer.
  • Outdoor events
    • Fewer than 1500 people – must comply with a COVID Safe Event Checklist, no further approval needed;
    • Between 1500 and 10,000 people - must comply with a COVID Safe Event Plan approved by local public health units;
    • Over 10,000 people - must comply with a COVID Safe Event Plan approved by the Chief Health Officer.

Note – Multi-day events may operate in accordance with the above conditions, depending on the number of people in attendance per day. For example, a 3-day outdoor event with 1500 attendees per day may comply with a COVID Safe Event Checklist.

Theme parks, outdoor amusement parks, tourism experiences and arcades  
Indoor play centres  
Leisure and recreation
Boot camps, personal training  
Gyms, health clubs, fitness centres, yoga, barre, spin facilities and dance studios Paragraph 14 does not apply to dance studios and dance classes.
Indoor sporting centres and venues

Must comply with occupant density off the field of play. Occupant density does not apply on the field of play.

Example – spectators and coaches at an indoor netball game must comply with the one person per 2 square metre rule but players on the netball court are not required to.

Social sporting-based activities, community sports clubs
  • Indoor sports must comply with occupant density off the field of play. Occupant density does not apply on the field of play.
  • Outdoor sports must observe physical distancing off the field of play. Occupant density does not apply on the field of play.

Example – spectators watching a rugby league match must observe physical distancing. Participants, coaches, officials and other support functions (trainers, medical staff, water runners etc) are not required to observe the 1 person per 2 square metre rule on the field.

Swimming pools

  • training/rehabilitation purposes

  • use of public pools for swimming lessons, recreational purposes, use of pools in shared facilities such as hotels and apartment complexes

Must observe physical distancing out of the pool. Occupant density does not apply in the pool.

Example – spectators and coaches at a water polo game must observe physical distancing. Players are not required to observe the 1 person per 2 square metre rule in the pool.

Residential facilities
Hostels, bed and breakfasts, backpackers, boarding houses
  • No more than one person per 4 square metres for sleeping areas.
  • One person per 2 square metres for common areas open to or used by guests.
  • Facilities must only allow the number of persons permitted under the specific booking, letting or rental agreement for the premises or part of the premises to remain there overnight.
  • Facilities must have a health management plan, unless the facility operates solely for permanent residents of the facility or health and community services. A facility that is required to have a health management plan must operate in compliance with the health management plan.

Example – Aboriginal hostels and boarding homes for people living with a disability or mental health issues are not required to have a health management plan.

Note – facilities may also need to comply with the Seasonal Workers Health Management and International Quarantine Plans Direction (No. 2) or its successor

Short term rentals and short term accommodation (for example, serviced apartments including holiday rentals, holiday accommodation or hosting accommodation provided through online booking platforms)
  • No more than one person per 4 square metres for sleeping areas.
  • One person per 2 square metres for common areas open to or used by guests.
  • Facilities must only allow the number of persons permitted under the specific booking, letting or rental agreement for the premises or part of the premises to remain there overnight.
  • Facilities that offer shared bathroom or shared kitchen facilities to persons staying at the facility must also have a health management plan and must operate in compliance with the health management plan.
  • Note – facilities may also need to comply with the Seasonal Workers Health Management and International Quarantine Plans Direction (No. 2) or its successor

Outdoor recreation
Caravan and camping parks
  • No more than one person per 4 square metres for sleeping areas.
  • One person per 2 square metres for common areas open to or used by guests.
  • Facilities must only allow the number of persons permitted under the specific booking, letting or rental agreement for the premises or part of the premises to remain there overnight.
  • Facilities must have a health management plan, unless the facility operates solely for permanent residents of the facility. A facility that is required to have a health management plan must operate in compliance with the health management plan.

Note – facilities may also need to comply with the Seasonal Workers Health Management and International Quarantine Plans Direction (No. 2) or its successor

Campgrounds  
Zoos, aquariums and wildlife centres  
Non-residential institutions
Galleries, museums, national and state institutions and historic sites

Limited to one person per 2 square metres regardless of the size of the venue.

Example – a gallery with 150 square metres must comply with the one person per 2 square metre rule.

An event held at these venues will need to comply with the relevant indoor or outdoor event requirements.

State and local government libraries

Limited to one person per 2 square metres regardless of the size of the venue unless a Site Specific COVID Safe Plan is in place for a library.

The condition in paragraph 9(d)(i) does not apply.

Libraries should allow for physical distancing to the extent possible.

An event held at these venues will need to comply with the relevant indoor or outdoor event requirements.

Community facilities (such as community centres and halls, recreation centres, youth centres, community clubs, RSLs, PCYCs)  
Wedding ceremonies

Despite paragraph 7(b), limited to a maximum of 200 people.

Note – the number of people permitted to attend a wedding reception is based on the requirements for the business, activity, undertaking, premises or place where the reception is held. For example – if a wedding reception is hosted by a restaurant, the Approved Plan or COVID-Safe Check List for the restaurant would determine how many guests could attend.

Funerals Despite paragraph 7(b), limited to a maximum of 200 people.
Other religious and civil ceremonies, places of worship (excluding wedding ceremonies and funerals)  
Universities and other higher education institutions such as TAFEs and RTOs
  • Universities and other higher educational institutions such as TAFEs and RTOs must ensure there is no more than one person per 2 square metres in large lecture settings.
  • The requirement to collect contact information does not apply.

Note – smaller education and teaching sessions, such as group seminars, tutorials, practicals and laboratory-based learnings, and vocational training sessions are not subject to the one person per 2 square metres rule. Physical distancing should be observed to the extent possible.

  • Businesses, activities and undertakings such as cafes or sporting-based activities conducted at universities or other educational institutions must comply with the applicable requirements under this Direction.
Professional and elite sport
Professional sporting codes, elite sport, elite athletes Must operate in compliance with an Approved Plan. The contact information and occupant density requirements do not apply.
High risk businesses, activities and undertakings
Nightclubs
Adult entertainment venues (strip clubs), brothels, sex on premises venues and sole operator sex workers Must operate in compliance with an Approved Plan.

Schedule 2 Definitions

For the purposes of this Public Health Direction:

  1. Approved Plan is an COVID Safe Industry Plan, a Site Specific COVID Safe Plan, a COVID Safe Professional Sporting Code Plan or a COVID Safe Event Plan approved the Chief Health Officer or a delegate. Approved Plans can be accessed on the Queensland Government website.
  2. Contact information means information that is:
    1. the name, phone number, email address, and the date and time period of guests, patrons and staff; and
    2. provided to a public health officer within a stated time, if requested by a public health officer; and
    3. securely stored, not used for any other purpose and deleted after 56 days.
  3. COVID Safe Checklist means the applicable COVID Safe Checklist published on a Queensland Government website for the type of business, activity or undertaking.

    Note – COVID Safe Checklists continue to apply.
  4. COVID Safe Event Checklist means the applicable checklist forming part of the Industry Framework for COVID Safe Events published on a Queensland Government website.
  5. COVID Safe Event Plan means a COVID Safe Plan developed for events by the event organiser and approved by local public health units or the Chief Health Officer.
  6. COVID Safe Industry Plan means a COVID Safe Plan developed by an industry body based on best practice to allow industry to have additional customers on business premises.
  7. COVID Safe Professional Sporting Code Plan means a COVID Safe Plan for a professional sporting code of national significance.
  8. COVID Safe Site Specific Plan means a site-specific COVID Safe Plan for unique and/or large businesses.

    For example – a theme park, zoo, state art gallery, concert venue or casino.
  9. Health management plan means a plan to manage preventing the transmission of COVID-19 amongst employees, seasonal workers and the community that complies with the requirements specified by the Chief Health Officer.
  10. Non-restricted business, activity or undertaking means a business, activity or undertaking that is not listed in Schedule 1 of this Direction.
  11. Major Sports Stadiums include facilities managed by Stadiums Queensland (for example: North Queensland Stadium (Queensland Country Bank Stadium), The Gabba, Suncorp Stadium, Metricon Stadium, Queensland Tennis Centre).
  12. Indoor space means an area, room or premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are:
    1. permanent or temporary; or
    2. open or closed.
  13. Occupant density see paragraph 7(b).
  14. Outdoor space means a space that is not an indoor space.
  15. Physical distancing includes remaining at least 1.5 metres away from other persons where possible.
  16. Public health controls are measures to reduce public health risks. These measures may include environmental cleaning, hygiene measures, regular washing of hands, availability of hand sanitiser and avoiding handshaking.
  17. Public health officer includes an emergency officer (general), a contact tracing officer or an authorised person under section 377 of the Public Health Act.
  18. Restricted business, activity or undertaking see paragraph 6.
  19. Retail food service means a retail business which provides food and/or drink, whether pre-prepared or prepared on site. This includes, but is not limited to cafes, restaurants and fast-food outlets.
Last updated: 17 November 2020

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This Health Management Plan template (DOCX 241 kB) is for:

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