Movement and Gathering Direction (No. 5)
Effective from: 4pm 16 October 2020
Posted: 16 October 2020
Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency
Public Health Act 2005 (Qld)
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.
This Public Health Direction replaces the Public Health Direction referred to as the Movement and Gathering Direction (No. 4) given on 2 September 2020 and is the successor of that Direction.
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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.
Note: This Direction sets out requirements for how people may interact with others in public spaces, residences and non-residences. It is important that this Direction is read in conjunction with the Restrictions on Businesses, Activities and Undertakings Direction (No. 8), Disability Accommodation Services Direction (No. 4), and Aged Care Direction (No. 12) or their successors to determine what requirements apply at a business, facility or service operating in accordance with any of those Directions.
This Public Health Direction may be referred to as the Movement and Gathering Direction (No. 5).
The Movement and Gathering Public Health Direction (No. 4) given on 2 September 2020 is revoked from 4pm on 16 October 2020.
This direction applies from 4pm on 16 October 2020 until the end of the declared public health emergency, unless it is revoked or replaced.
PART 1 – GENERAL REQUIREMENTS
An owner, resident, tenant, occupier, temporary occupier or person in control of a premises, including a residence, must take reasonable steps to encourage visitors to the premises to practise physical distancing to the extent reasonably practicable.
A person who is leaving their principal place of residence must practice physical distancing while outside their principal place of residence, to the extent reasonably practicable.
Self-quarantine and self-isolation
A person who is required to self-quarantine or self-isolate under another Public Health Direction or a direction of an emergency officer under the Public Health Act 2005, must comply with the terms of the direction to self-quarantine or self-isolate and may not leave, or receive visitors, at the premises in which they are self-quarantining or self-isolating unless permitted under the terms of those orders or directions.
Application of Direction
Paragraphs 11 and 16 do not apply to a residential aged care facility, corrective services facility, detention centre, or a shared disability accommodation service.
Note – The Aged Care Direction (No. 12) given on 16 October 2020 and Disability Accommodation Services Direction (No. 4) given on 4 October 2020 restrict visitors to those facilities. Other Public Health Directions may be made applying to other types of facilities.
PART 2 – MOVEMENT AND GATHERING IN NON-RESTRICTED AREAS
Outdoor gatherings of up to 40 persons
A maximum of 40 people can gather publicly in a non-restricted area.
Receiving visitors at a residence
A person who is an owner, resident, tenant, occupier, temporary occupier or person in control of a residence in a non-restricted area may allow up to 40 people to gather at a residence, including the members of the person’s household.
Gatherings of up to 40 persons in non-residences
A person who owns, controls or operates premises, other than a residence, in a non-restricted area must not organise or allow a gathering of more than 40 people to occur on the premises.
PART 3 – MOVEMENT AND GATHERING IN RESTRICTED AREAS
The purpose of this part is to restrict the movement and gathering of people in a restricted area.
Despite Part 2 of this Direction, the following restrictions apply within a restricted area.
Outdoor gatherings of up to 10 persons in a restricted area
A maximum of 10 people can gather publicly in a restricted area regardless of whether people are members of the same household or not.
Receiving visitors at a residence
A person who is an owner, resident, tenant, occupier, temporary occupier or person in control of a residence in a restricted area may allow up to 10 people to gather at a residence, including the members of a person’s household.
Note – The visitors can be from different households.
Note – if a household consists of 10 or more people then no visitors are allowed.
Paragraph 16 does not prevent workers or volunteers entering a place of residence and they are not counted as visitors.
Paragraph 16 does not apply to an approved family day care service or stand-alone care service only for the purposes of conducting a business.
Gatherings of up to 10 persons in non-residences
A person who owns, controls or operates premises, other than a residence, in a restricted area must not organise or allow a gathering of more than 10 people to occur on the premises.
PART 4 – OTHER MATTERS
The Queensland Chief Health Officer may grant an exemption to part or all of this Direction on compassionate grounds or for other exceptional circumstances.
For the purposes of this Public Health Direction:
Approved family day care service has the same meaning as in the Education and Care Services National Law (Queensland) and stand-alone care service has the same meaning as ‘stand-alone service’ under the Education and Care Services Act 2013.
Corrective services facility has the same meaning as in the Corrective Services Act 2006.
Detention centre has the same meaning as in the Youth Justice Act 1992.
Household means persons who ordinarily live at the same residence, including if family or kinship customs or cultural obligations have the effect of a person living across multiple residences.
Gathering, subject to paragraph 26:
under Part 2 means a gathering of more than 40 persons in a single undivided outdoor space or single undivided indoor space at the same time; or
under Part 3 means a gathering of more than 10 persons in a single undivided outdoor space or single undivided indoor space at the same time.
Gathering does not include a gathering:
at an airport that is necessary for the normal business of the airport;
for the purposes of or related to public transportation, including in vehicles or at public transportation facilities such as stations, platforms and stops;
at a medical or health service facility that is necessary for the normal business of the facilities;
for the purposes of emergency services or disaster management;
at a residential aged care facility or a shared disability accommodation service, that is necessary for the normal business of the facility or residence;
at a prison, corrective services facility, detention centre or other place of custody;
at a court or tribunal;
for the purposes of an investigation or action by a law enforcement authority;
for the purposes of complying with or giving effect to the exercise of power or function of a government agency or entity under a law;
for the purposes of national security;
at Parliament for the purpose of its normal operations;
at a business, facility or service operating in accordance with, or not restricted under, the Restrictions on Businesses, Activities or Undertakings Direction (No. 8), or its successor, or another Public Health Direction;
Example – wedding, funeral, accommodation facilities, retail store, shopping centre
at a workplace, including but not limited to an office building, factory, manufacturing facility, resource extraction, mine or mineral processing facility, utilities or construction sites that is necessary for the normal operation of those premises;
at a school, university, educational institution or childcare facility, that is necessary for the normal business of the facility;
at an outdoor place where persons may be present for the purposes of transiting through the place;
Example – Queen Street Mall
at an indoor place where persons may be present for the purposes of transiting through the place;
Example – Central Station
specified as exempt from this direction by the Chief Health Officer in writing.
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:
permanent or temporary; or
open or closed.
Non-restricted area means an area of Queensland that is not a restricted area.
Outdoor space means a space that is not an indoor space.
Physical distancing includes remaining at least 1.5 metres away from other persons where possible.
Premises has the same meaning as in Schedule 2 of the Public Health Act 2005, and also includes land and vessels.
Principal place of residence means:
for a person who permanently resides in Queensland, the residence where the person ordinarily resides.
for a person who temporarily resides in Queensland, the residence where the person ordinarily resides when the person in present in Queensland.
Residence means premises used, or intended to be used, as a dwelling or mainly as a dwelling, and includes the land on which the residence is situated, and includes:
a single detached dwelling;
each of one or more attached dwellings that are separated by a common wall;
Examples for paragraph (b) — villa unit, townhouse, terrace house, row house, unit in an apartment block.
a manufactured home as defined in section 10 of the Manufactured Homes (Residential Parks) Act 2003;
a caravan as defined in section 7 of the Residential Tenancies and Rooming Accommodation Act 2008;
any other building or structure situated on the same land as the premises or dwelling.
Examples for paragraph (e) – shed, pool house, carport, granny flat.
Residence does not include a residential aged care facility, corrective services facility or detention centre.
Resident has the meaning given in section 14 of the Residential Tenancies and Rooming Accommodation Act 2008.
Residential aged care facility means a facility at which accommodation, and personal care or nursing care or both, are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under the Aged Care Act 1997 of the Commonwealth.
Restricted area means a particular area of Queensland decided by the Chief Health Officer and published on the Queensland Government website.
Shared disability accommodation service means a service, including the forensic disability service under the Forensic Disability Act 2011, where:
four or more people with disability reside with people who are not members of their family; and
the residents share enclosed common living areas within the facility whether inside or outside; and
the residents are provided with disability supports within the facility.
Tenant has the meaning given in section 13 of the Residential Tenancies and Rooming Accommodation Act 2008.
PART 5 - 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 six months imprisonment.
Dr Jeannette Young
Chief Health Officer
16 October 2020
Published on the Queensland Health website at 4:00 pm