Superseded - Border restrictions Direction (No. 4)
This direction has been superseded by the Border Restrictions Direction (No. 49)
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 (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.
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.
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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.
This Public Health Direction may be referred to as the Public Health Direction – Border Restrictions (No.4).
PART 1 — QUARANTINE FOR TRAVELLERS
- 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
- 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.
- An exempt resident or exempt person who arrives in Queensland must self-quarantine if:
- they have been outside Australia in the last 14 days; or
- 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
- 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.
- An exempt resident or exempt person who arrives in Queensland must self-quarantine if they have been outside Australia in the last 14 days.
- An exempt resident who arrives in Queensland must self-quarantine if:
- 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
- they are a person mentioned in paragraph 7 item 1(b) (a person moving to Queensland to make Queensland their principal place of residence).
- An exempt resident is a person mentioned in the following table:
- An exempt person is a person mentioned in the following table:
Critical resources sector employee means a person that:
- is an employee of a resources company or service provider; and
- 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
- 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:
- a registered health practitioner as defined by the Health Practitioner Regulation National Law; or
- 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:
- a. Aboriginal and Torres Strait Islander health practice;
- b. Chinese medicine;
- c. chiropractic;
- d. dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);
- e. medical;
- f. medical radiation practice;
- g. midwifery;
- ga. nursing;
- h. occupational therapy;
- i. optometry;
- j. osteopathy;
- ja. paramedicine;
- k. pharmacy;
- l. physiotherapy;
- m. podiatry;
- n. psychology.
Permitted purpose means:
- to obtain essential goods or services;
- to obtain medical treatment or other health care services;
- to engage in physical exercise if it is done:
- alone; or
- with one other person; or
- with the person’s family group who ordinarily live in the same household as the person;
- 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;
- to visit another person’s residence in accordance with any public health direction applicable to home confinement, movement or gatherings;
- to visit a terminally ill relative or to attend a funeral, subject to any applicable restrictions under other relevant Public Health Directions;
- to provide assistance, care or support to an immediate family member;
- to attend any court or tribunal of Australia or to comply with or give effect to orders of the court or tribunal of Australia;
- 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;
- to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;
- 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
- avoiding injury or illness or to escape a risk of harm;
Example – escaping a risk of harm related to sexual, domestic and family violence
- 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