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Restrictions for Impacted Areas (No. 16) (SEQ eased restrictions Stage 3) Direction

Summary

Effective from: 6.35pm 24 September 2021

Posted: 24 September 2021

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 27 September 2021 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.

Guidance

This direction applies to people living in, or who have been in, or who reside with someone who has been in, an impacted area by requiring them to a wear face mask.

The impacted areas are Brisbane City Council, Gold Coast City Council, Ipswich City Council, Lockyer Valley Regional Council, Logan City Council, Moreton Bay Regional Council, Noosa Shire Council, Redland City Council, Scenic Rim Regional Council, Somerset Regional Council, and Sunshine Coast Regional Council.

Citation

  1. This Public Health Direction may be referred to as the Restrictions for Impacted Areas (No. 16) (SEQ eased restrictions Stage 3) Direction.

Revocation

  1. The Restrictions for Impacted Areas (No. 15) (SEQ eased restrictions stage 3), Direction made on 27 August 2021 is revoked and is replaced by this Direction from the time of publication of this Direction.

Commencement and application

  1. This Direction applies from the time of publication until the end of the declared public health emergency, unless it is revoked or replaced.

    Note: restrictions have been in place in impacted areas in South-East Queensland since 1:00 am on 31 July 2021 and face masks have been required since 29 June 2021 under the revoked Restrictions for Impacted Areas (No. 12) (SEQ eased restrictions Stage 1) Direction and its predecessor directions.

  2. To the extent of any inconsistency between this Direction and the Restrictions on Businesses, Activities and Undertakings Direction (No. 27), Movement and Gathering Direction (No. 12), or their successors, or another public health direction made under section 362B of the Public Health Act 2005, this Direction prevails.

PART 1— FACE MASKS

  1. This part applies to a person who:

    1. is in an impacted area (South-East Queensland); or

    2. is not in an impacted area (South-East Queensland) but has been in an impacted area (South-East Queensland) at any time from 1:00am on 29 June 2021, unless 14 days have passed since the person was in the impacted area (South-East Queensland); or

    3. resides in the same household as a person who has been in an impacted area (South-East Queensland) at any time from 1:00am on 29 June 2021, unless 14 days have passed since that person was in the impacted area (South-East Queensland).

  2. Note: face mask requirements have been in place for people in impacted areas in South-East Queensland since 1:00 am on 29 June 2021 under the revoked Restrictions for Impacted Areas (No. 12) (SEQ eased restrictions Stage 1) Direction and its predecessors.

    See paragraph 11 for when a person has been in an impacted area.

  3. A person mentioned in paragraph 5 must:

    1. carry a face mask at all times; and

    2. must wear a face mask covering the nose and mouth at all times if they are in an indoor space or an outdoor space including:

      1. if they are on public transport infrastructure or at public transport infrastructure; or

        Example – when on a train or waiting at a train platform.

      2. if they are in a commercial passenger vehicle or waiting in a designated outdoor space that is not a residence for a commercial passenger vehicle; or

        Example – waiting for a taxi at a taxi rank, waiting for a rideshare at a designated pick-up area.

        Example – a person sitting at their desk in a workplace can remove their face mask. If they need to stand up and walk to the kitchen, they must wear a face mask.

        Note – a driver of a commercial passenger vehicle must wear a mask.

      3. if they have any symptoms consistent with COVID-19; or

      4. If they are entering, exiting or inside a Sports Stadium in an impacted area or the North Queensland Stadium (Queensland Country Bank Stadium in Townsville); or

      5. if they are required to do so in accordance with any other Public Health Directions in effect under section 362B of the Public Health Act 2005; or

        Example – under the Mandatory Face Masks Direction (No. 2) or its successors, a person must wear a face mask at all times while on a domestic commercial aircraft flying in Queensland airspace.

      6. if they are directed to do so by an emergency officer (public health).

  4. The requirements under paragraph 6 do not apply:

    1. to infants and children under the age of 12 years; or

    2. to a person who is seated in an indoor space including a workplace but excluding public transport infrastructure and commercial passenger vehicles unless required by another Public Health Direction in effect under section 362B of the Public Health Act 2005; or

      Example – a person who is seated at their desk at their workplace may remove their face mask. If they leave their desk to move to another area, they must wear a face mask. A person who is seated in a cinema, restaurant or entertainment venue may remove their face mask. If they leave their seat to move about the venue they must wear their mask.

      Note – the Residential Aged Care Direction (No. 7) or its successors requires staff to wear face masks in certain circumstances.

      Note – see definition of workplace – staff at a retail food service must wear masks if they interact with patrons.

      Note – an indoor space that is a workplace includes a classroom, childcare room and shared indoor area at a school or childcare centre.

    3. to a person in an indoor space that is a residence or temporary accommodation unless required by another Public Health Direction in effect under section 362B of the Public Health Act 2005; or

    4. to a person who is seated in an outdoor space; or

    5. to a person moving about in an outdoor space including a workplace, if the person can maintain physical distance from people who are not members of their household; or

    6. to a person travelling alone in a private vehicle or with only the members of their household; or

    7. to a person who is seated at a Sports Stadium; or

      Note: A person must wear a mask when walking around, entering and exiting the stadium. A person must also wear a mask when standing and watching a game.

    8. to primary school students, in prep and from grade 1 up to and including grade 6, onsite at an education premises or attending outside school hours care; or

    9. to teachers and staff onsite at education premises and educators and staff in childcare centres, in circumstances where they can maintain physical distancing; or

      Note – where the ability to see the mouth is essential for communication, and physical distancing cannot be maintained, a face shield should be used by the teacher/staff/educator in the school or childcare centre.

    10. to high school students onsite at an education premises where they can maintain physical distancing or when they are seated; or

    11. to a prisoner in a corrective services facility, subject to any policies or requirements of that facility; or

    12. to a detainee in a detention centre, subject to any policies or requirements of that centre; or

    13. to a resident of a residential aged care facility or a shared disability accommodation service, subject to any policies or requirements of a facility or service; or

    14. to a person who has a physical or mental health illness or condition, or disability, which makes wearing a face mask unsuitable; or

      Examples – persons who have obstructed breathing, a serious skin condition on their face, an intellectual disability, a mental health illness, or who have experienced trauma.

    15. to a person communicating with those who are deaf or hard of hearing, where the ability to see the mouth is essential for communication; or

      Note – a face shield should be used instead.

    16. if the nature of a person’s work or education means that clear enunciation or visibility of the mouth is essential; or

      Example – live broadcasting.

      Note – teachers and staff in schools, and educators and staff in child-care centres are covered by paragraph 7(b) or 7(o) where applicable.

    17. if the person is consuming food, drink or medicine; or

    18. if a person is undergoing dental or medical care or treatment to the extent that such care or treatment requires that no face mask be worn; or

    19. if a person is receiving a service from a business, activity or undertaking which is permitted to operate under and is operating in accordance with, this Direction, to the extent that it is not reasonably practicable to receive that service wearing a face mask; or

    20. if a person is providing a service from a business, activity or undertaking which is permitted to operate under, and is operating in accordance with, Restrictions on Businesses, Activities and Undertakings Direction (No. 27) or its successors, to the extent that it is not reasonably practicable to receive that service wearing a face mask; or

    21. if a person is asked to remove the face mask to ascertain identity; or

      Examples – a person may be asked by police, security, or airport staff to remove a face mask to ascertain identity or when purchasing alcohol or cigarettes.

    22. to a person engaged in strenuous physical exercise; or

      Example – exercise in or above the aerobic zone including high-intensity interval training, cycling, running.

    23. to a person for whom wearing a face mask would create any other serious risk to that person’s life or health and safety, including if determined through work Occupational Health and Safety guidelines; or

      Examples – a person who is swimming in an indoor pool or undertaking work where a mask could become tangled in machinery.

    24. to a person being married while in the process of being married; or

    25. for emergency purposes; or

      Examples – a person escaping a fire or a risk of harm related to domestic and family violence or sexual violence.

    26. if required or authorised by law; or

    27. if doing so is not safe in all the circumstances.

  5. A person who removes their face mask under paragraph 7 must resume wearing the face mask as soon as practicable after the circumstance ends.

    Examples – a person must resume wearing a face mask as soon as they finish eating, broadcasting or receiving medical care.

    Note – For further information on the use of face masks, please refer to the Queensland Health website as updated from time to time: https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/protect-yourself-others/face-masks.

PART 2– EXEMPTIONS

  1. The Chief Health Officer, Deputy Chief Health Officer or their delegate may give a person or class of persons an exemption from a requirement of this Direction if extreme exceptional circumstances exist.An exemption may be given on conditions and if so, the person given the exemption must comply with the conditions.

PART 3 – OTHER MATTERS

  1. A person is taken to have been in an impacted area (South-East Queensland) unless the person only:

    1. arrived in an impacted area (South-East Queensland) by air for the sole purpose of:

      1. transiting through an airport in the impacted area, wore a face mask at all times and did not leave the confines of the airport; or

      2. leaving the confines of the airport to go directly by road using private transport to leave the impacted area without exiting their vehicle, except to stop for essential fuel and fatigue management while wearing face mask at all times; or

    2. arrived in an impacted area by road and used private transport to travel directly to the relevant terminal entrance of an airport in an impacted area, did not stop in the impacted area until arriving at the terminal entrance except for essential fuel and fatigue management while wearing a face mask, to depart the impacted area by air; or

    3. transited through the impacted area by road using private transport and did not exit their vehicle while in the impacted area except for essential fuel and fatigue management and wore a face mask at all times when outside their vehicle.

  2. Definitions used in this Direction are in Schedule 1.

PART 4 – 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

24 September 2021

Published on the Queensland Health website at 6.35pm

SCHEDULE 1 – DEFINITIONS

For the purposes of this Public Health Direction:

Commercial passenger vehicle means a taxi, rideshare or commercial shuttle service.

Confines of the airport means the terminal or terminals of an airport used for the arrival and departure of aircraft and passengers by air, or the area of an airport that the person uses to transfer directly between terminals.

Example: a person did not leave the confines of the airport if they stay in a passenger terminal until their next flight or transferred directly between terminals to depart on their flight. However, a person leaves the confines of the airport if they go to a hotel in the airport precinct and stay overnight.

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.

Emergency officer (public health) means an emergency officer appointed under the Public Health Act 2005.

Face mask means a flat surgical mask, P2/N95 mask or a cloth mask with three layers that covers the nose and mouth (but does not include a face shield).

Example – a scarf or bandana is not a face mask.

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 and includes people residing at the residence at the commencement of this Direction.

Example – relatives staying temporarily from another State or Territory at the time of commencement of this Direction are included as part of the household for the purposes of this Direction.

Impacted area (South-East Queensland) means an area specified in Schedule 2 of this Direction consisting of the local government areas whose names and boundaries are provided for by the Local Government Regulation 2012.

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.

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.

Private transport means:

  1. a private vehicle operated by the person or a household member or a friend or family member; or

    Example: a person may drive themselves in their own car or be transported in a car driven by one of their household members or friends.

  2. if travel by (a) is not available, a taxi with a protective shield between driver and passenger or a taxi van that allows for physical distancing between the driver and passengers; or

  3. if travel by (a) and (b) is not available, a taxi or ride share sitting in the back seat on the passenger side.

Public transport infrastructure has the same meaning as in the Transport Operations (Passenger Transport) Act 1994.

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:

  1. a single detached dwelling;

  2. 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.

  3. a manufactured home as defined in section 10 of the Manufactured Homes (Residential Parks) Act 2003;

  4. a caravan as defined in section 7 of the Residential Tenancies and Rooming Accommodation Act 2008;

  5. 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.

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.

Resident has the meaning given in section 14 of the Residential Tenancies and Rooming Accommodation Act 2008.

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.

Shared disability accommodation service means a service, including the forensic disability service under the Forensic Disability Act 2011, where:

  1. four or more people with disability reside with people who are not members of their family; and

  2. the residents share enclosed common living areas within the facility whether inside or outside, and

  3. the residents are provided with disability supports within the facility.

Symptoms consistent with COVID-19 means fever or history of fever, symptoms of acute respiratory infection (cough, shortness of breath, sore throat), loss of smell, loss of taste, runny nose, diarrhoea, nausea, vomiting or fatigue.

Sports Stadium means a sports stadium defined in Restrictions on Businesses, Activities and Undertakings Direction (No. 27).

Temporary accommodation means a private room or premises a person is staying in temporarily, but does not include communal areas of an accommodation facility that other persons separate to the person’s booking may access.

Example – a person does not need to wear a mask in a hotel room or holiday apartment, but would need to wear a mask in indoor communal areas of the facility unless excluded by this Direction.

Workplace means a place where a person is undertaking work on a paid or voluntary basis but does not include a commercial passenger vehicle or a retail food service to the extent that staff interact with patrons.

Example – kitchen staff at a cafĂ© who do not interact with patrons and can practise physical distancing do not need to wear a mask, however wait staff must wear a mask.

SCHEDULE 2 – IMPACTED AREAS (SOUTH-EAST QUEENSLAND)

Local Government Areas

Brisbane City Council

Gold Coast City Council

Ipswich City Council

Lockyer Valley Regional Council

Logan City Council

Moreton Bay Regional Council

Noosa Shire Council

Redland City Council

Scenic Rim Regional Council

Somerset Regional Council

Sunshine Coast Regional Council

Last updated: 24 September 2021

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