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Superseded - Border restrictions Direction (No. 4)

This direction has been superseded by the Border restrictions Direction (No. 15)

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 (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 19 May 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 directions pursuant to the powers under s362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Guidance

For the purpose of this direction, all travellers to Queensland including returning residents and workers should practise social distancing and risk mitigation measures such as remaining 1.5 metres away from other persons, regular washing of hands, and limiting travel outside of the home or place of accommodation and work except for the purpose of purchasing food or other necessities.

Preamble

This Public Health Direction replaces the Public Health Direction – Border Restrictions (No.3) given on 2 April 2020.

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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.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

This Public Health Direction may be referred to as the Public Health Direction – Border Restrictions (No.4).

PART 1 — QUARANTINE FOR TRAVELLERS

Directions

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

Arrivals to Queensland – before 12.01 am Saturday 11 April 2020

  1. A person who arrives in Queensland from another State or Territory of Australia before 12.01am Saturday 11 April 2020 will not be allowed to enter Queensland, unless they are an exempt resident or exempt person.
  2. An exempt resident or exempt person who arrives in Queensland must self-quarantine if:
    1. they have been outside Australia in the last 14 days; or
    2. they are a person mentioned in paragraph 7, item 1(b) (a person moving to Queensland to make Queensland their principal place of residence).

Arrivals to Queensland – from 12.01am Saturday 11 April 2020

  1. A person who arrives in Queensland from another State or Territory of Australia from 12.01 am on Saturday 11 April 2020 will not be allowed to enter Queensland, unless they are an exempt resident or exempt person.
  2. An exempt resident or exempt person who arrives in Queensland must self-quarantine if they have been outside Australia in the last 14 days.
  3. An exempt resident who arrives in Queensland must self-quarantine if:
    1. in the last 14 days, they have been in particular areas of Australia decided by the Chief Health Officer and published on the Queensland Health website (a COVID-19 hotspot), unless the person was in the COVID-19 hotspot for an essential purpose or enters Queensland for an essential purpose; or
    2. they are a person mentioned in paragraph 7 item 1(b) (a person moving to Queensland to make Queensland their principal place of residence).
  4. An exempt resident is a person mentioned in the following table:

Exempt resident

  1. Queensland residents

    A person who:

    1. ordinarily resides in Queensland; or
    2. is moving to Queensland to make Queensland their principal place of residence.
  1. People living and working close to the border of New South Wales, South Australia or the Northern Territory
    1. Any person who:
      1. is ordinarily a resident of a State or Territory that shares a border with Queensland, being New South Wales, South Australia and the Northern Territory; and
      2. travels to Queensland to obtain essential goods or services or for a permitted purpose; and
      3. enters Queensland, by crossing a land border; and
      4. does not propose to stay in Queensland for longer than reasonably necessary for the permitted purpose or to obtain essential goods or services.

      Note: a permitted purpose includes to perform work.

    2. Any person who is ordinarily a resident of Queensland who works in New South Wales, South Australia or the Northern Territory or who travels outside of Queensland to obtain essential goods or services.
  1. An exempt person is a person mentioned in the following table:

Exempt person

  1. Domestic air travel
    A person who enters Queensland by air and is required to transfer as soon as possible to another flight is an exempt person if:
    1. they remain in the airport until the time of transfer to the other flight and comply with a requirement or direction of a relevant authority; or
    2. they comply with a direction to self-quarantine given by a relevant authority.
  1. National and State Security and Government employees
    1. Any Government official who, in carrying out their duties, is responsible for the safety of Australia or Queensland against threats such as terrorism, war or espionage, and is required to be present in Queensland for such purposes.
    2. Active military personnel required to be on duty in Queensland while in Queensland.
    3. A member of the Australian Federal Police or Australian Border Force required to be on duty while in Queensland.
    4. A Federal, State or local government employee, worker or contractor who is required to return to Queensland to perform official duties in Queensland.
    5. A Federal, State or local government elected representative who is travelling to Queensland to perform official duties in Queensland.
    6. Consular employees as defined in the Consular Privileges and Immunities Act 1972 (Cth) travelling to Queensland to perform official duties in Queensland.
  1. Health Services
    1. A health practitioner who is requested by the Queensland Chief Health Officer or their delegate to present for duty in Queensland to perform health services.
    2. A Queensland Ambulance Service employee, paramedic, an officer of St John Ambulance Australia, RACQ Lifeflight crew, Royal Flying Doctor Service crew or other aeromedical services crew who are providing medical care or transport to a patient in Queensland.
    3. A person who, in carrying out their duties, is responsible for providing health support services or for the maintenance, resupply or repair of health services infrastructure critical to Queensland. This includes Australian Red Cross Lifeblood.
  1. Emergency services
    Any person who, in carrying out their duties, is responsible for providing emergency services in Queensland and is required to be present in Queensland for such purpose, including:
    1. Queensland Ambulance Service;
    2. St John Ambulance Australia;
    3. Queensland Police Service;
    4. Fire and Emergency Services; and
    5. State Emergency Services.
  1. Transport, freight and logistics
    1. A person who:
      1. is transporting freight or passengers by sea, land or air, to, from or through Queensland; or
      2. provides logistics and support for the transport of freight or passengers by sea, land or air, to, from or through Queensland; or
      3. is providing local passenger transport including rail, road, ferry, boat, bus, taxi and ride share services; or
      4. is a member of a domestic, commercial or charter flight air crew or maritime crew (other than cruise ship crew) who self-quarantines until departing Queensland on another flight or voyage; and
    2. the person, as far as practicable:
      1. remains quarantined in their vehicle, ship or accommodation until the person departs Queensland or for 14 days, whichever period is shorter; and
      2. practises social distancing, including by remaining at least 1.5 metres from other people.

      Note: Cruise ships are subject to the Restricting cruise ships from entering Queensland waters Direction or its successor and to the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements) Determination 2020 (Cwlth).

  1. Specialist skills critical to maintaining key government services, industries or businesses and fly in fly out workers
    1. Any person who, in carrying out their duties, is responsible, while in Queensland, for provision, construction, maintenance, resupply or repair of infrastructure, utilities and services critical to Queensland including telecommunications, data, water supply, sewerage, sanitation and waste and recycling management.
    2. A person who is a construction, commercial fishing, manufacturing, resources sector, energy or agribusiness employee -
      1. whose company or service provider has a plan to manage preventing the transmission of COVID-19 amongst its employees and the community, and the plan complies with the requirements specified by the Chief Health Officer; and
      2. if the person is an employee of a resources sector company or service provider, they are a critical resources sector employee; and
      3. if the person is a fly in fly out worker who is travelling to their worksite or work camp provided by their employer, they have provided the following information upon arrival in Queensland:
        1. the name of their employer; and
        2. evidence that they are a fly in fly out worker; and
        3. evidence that they are entering Queensland to go directly to work; and
        4. evidence of the location of the worksite or work camp; and
        5. if they are a resources sector employee, evidence that they are a critical resources sector employee.
  1. Persons entering Queensland on compassionate grounds or under compulsion of law
    1. Any person, who:
      1. ordinarily resides in another State or Territory; and
      2. is a carer or relative of a dependent individual who is in Queensland; and
      3. is required to travel to Queensland to assist, care or support for the dependent individual.
    2. Any dependent individual, who:
      1. ordinarily resides in another State or Territory; and
      2. is required to travel to Queensland to reside with a carer or relative who resides in Queensland because a carer or relative is unable to care for them in their home State or Territory.
    3. Any person who:
      1. is entering Queensland for essential medical treatment or to otherwise obtain essential goods or essential services necessary for the preservation of life; or
      2. is entering Queensland to visit a terminally ill relative or to attend a funeral; or
      3. is required to enter Queensland under orders of any Court or Tribunal of Australia or to give effect to orders of the Court or Tribunal; or
      4. is required to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not; or
      5. usually resides in a residential facility in another State or Territory, for example, a boarding school or college, which is closed for scheduled holidays or because of COVID-19, who needs to return to Queensland to stay with family or a carer; or
      6. is a child who does not live in the same household as their biological parents or siblings or one of their parents or siblings, and is continuing existing arrangements for access to, and contact between, parents and children and siblings, but not if it involves access or contact with vulnerable groups or persons; or
        Example of a vulnerable group or person – a person over 70 years or a person with a medical condition that makes them vulnerable to COVID-19
      7. is avoiding injury or escaping a risk of harm; or
        Example – escaping a risk of harm related to sexual or domestic and family violence
      8. is complying with or giving effect to the exercise of a power or function of a government agency or entity under a law.
  1. Chief Health Officer Exemptions
    Any other person, or class of persons, exempted by the Queensland Chief Health Officer because the Queensland Chief Health Officer considers:
    1. they have compassionate or other grounds such that self-quarantine or refusal of entry into Queensland would lead to an unusual or disproportionate hardship; or
    2. they are essential for the proper functioning of State; or
    3. their location of residence requires them to move across the border to obtain essential goods and services.

Definitions

Critical resources sector employee means a person that:

  1. is an employee of a resources company or service provider; and
  2. is required to be appointed under the Coal Mining Safety and Health Act 1999; the Mining and Quarrying Safety and Health Act 1999; or the Petroleum and Gas (Production and Safety) Act 2004 and the position is mentioned in the list published on the Queensland Health website; or
  3. has been approved by the Chief Health Officer as a critical resources sector employee.

Essential business, activity or undertaking means a business, activity or undertaking that is not prohibited by the Non-essential business, activity and undertaking Closure Direction (No.5), or its successor, or another Public Health Direction.

Essential goods or services are food and other supplies, and services, that are needed for the necessities of life and operation of society, such as food, fuel, medical supplies, and other goods or services.

Essential purpose means a permitted purpose other than those referred to in paragraphs (a) (to the extent of obtaining essential goods), (c), (e), (g) and (i).

Health practitioner means:

  1. a registered health practitioner as defined by the Health Practitioner Regulation National Law; or
  2. the following health service providers under the Health Ombudsman Act 2013 (Qld): audiologists, social workers, dieticians, speech pathologists and exercise physiologists providing community based clinical services and primary health care.

Note: a registered health practitioner includes a person registered to practise in the following professions:

  1. a. Aboriginal and Torres Strait Islander health practice;
  2. b. Chinese medicine;
  3. c. chiropractic;
  4. d. dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);
  5. e. medical;
  6. f. medical radiation practice;
  7. g. midwifery;
  8. ga. nursing;
  9. h. occupational therapy;
  10. i. optometry;
  11. j. osteopathy;
  12. ja. paramedicine;
  13. k. pharmacy;
  14. l. physiotherapy;
  15. m. podiatry;
  16. n. psychology.

Permitted purpose means:

  1. to obtain essential goods or services;
  2. to obtain medical treatment or other health care services;
  3. to engage in physical exercise if it is done:
    1. alone; or
    2. with one other person; or
    3. with the person’s family group who ordinarily live in the same household as the person;
  4. to perform work or volunteering, or carry out or conduct an essential business, activity or undertaking, and the work, business activity or undertaking to be performed is of a nature that cannot reasonably be performed from the person’s principal place of residence;
  5. to visit another person’s residence in accordance with any public health direction applicable to home confinement, movement or gatherings;
  6. to visit a terminally ill relative or to attend a funeral, subject to any applicable restrictions under other relevant Public Health Directions;
  7. to provide assistance, care or support to an immediate family member;
  8. to attend any court or tribunal of Australia or to comply with or give effect to orders of the court or tribunal of Australia;
  9. to attend a childcare facility, school, university, or other educational institution, to the extent care or instruction cannot reasonably be obtained in the person’s principal place of residence;
  10. to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;
  11. for children under 18 years who do not live in the same household as their biological parents or siblings or one of their parents or siblings, continuing existing arrangements for access to, and contact between, parents and children and siblings, but not allowing access or contact with vulnerable groups or persons;
    Example of a vulnerable group or person – a person over 70 years or a person with a medical condition that makes them vulnerable to COVID-19
  12. avoiding injury or illness or to escape a risk of harm;
    Example – escaping a risk of harm related to sexual, domestic and family violence
  13. to comply with or give effect to the exercise of a power or function of a government agency or entity under a law.

Relevant authority means an emergency officer appointed under the Public Health Act 2005.

Self-quarantine means self-quarantine in accordance with a direction or further direction given by a relevant authority, or if no direction is given, for a period of 14 days.

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.

Dr Jeannette Young
Chief Health Officer

10 April 2020

Published on the Queensland Health website at 10 April 2020 7:49 am

Last updated: 1 May 2020