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Superseded - Border restrictions Direction (No. 5)

This direction has been superseded by the Border restrictions Direction (No. 15)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

Preamble

  1. This Public Health Direction replaces the Public Health Direction – Border Restrictions (No. 4) given on 10 April 2020.
  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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.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 Public Health Direction – Border Restrictions (No. 5).

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.
  2. A person who arrives in Queensland from another State or Territory of Australia will not be allowed to enter Queensland, unless they are an exempt resident or exempt person.
  3. 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 non-cruise maritime crew who must comply with requirements in the class exemption for non-cruise maritime crew.
  4. 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 10 item 1(b) (a person moving to Queensland to make Queensland their principal place of residence).
  5. From 12.01 am on Tuesday 5 May 2020, an exempt person who arrives in Queensland must self-quarantine if:
    1. they are an agribusiness or commercial fishing employee or contractor; and
    2. in the last 14 days, they have been in a COVID-19 hotspot; and
    3. they cannot produce adequate documentation from an interstate health authority to demonstrate self-quarantine was completed at a place  in the COVID-19 hotspot.
  6. The Chief Health Officer may give an exemption from the requirement to self-quarantine under paragraphs 7 and 8 if the Chief Health Officer considers:
    1. there are compassionate or other grounds such that self-quarantine would lead to an unusual or disproportionate hardship for the person; or
    2. the person is essential for the proper functioning of the State; or
    3. other exceptional circumstances exist that merit the person not being required to self-quarantine.
  7. 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 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. Any 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 who self-quarantines until departing Queensland on another flight or voyage; or
      5. is a non-cruise maritime crew member who has complied with, or will comply with, the requirements in the class exemption for non-cruise maritime crew.
    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; or
      2. meets the relevant requirements in the class exemption for non-cruise maritime crew; and
      3. 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).

      Note: Maritime vessels are subject to any General Manager Maritime Safety Queensland Directions issued under the Transport Operations (Marine Safety) Act 1994 which may impose time-based arrival restrictions.

  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. Agribusiness and commercial fishing employeesAny person who is an agribusiness or commercial fishing employee or contractor:
    1. whose employer has a health management plan in accordance with the Seasonal Workers Health Management Plans Direction or its successor; and
    2. who provides the following information upon arrival in Queensland:
      1. a letter of employment; and
      2. details of the person’s accommodation in Queensland; and
      3. evidence of each place the person has worked and stayed in the 14 days prior to the person’s arrival in Queensland; and
      4. if the person has been in a COVID-19 hotspot in the last 14 days, and must self-quarantine upon arrival under paragraph 8, details of where the person will self-quarantine in Queensland; and
      5. if the person has not been in a COVID-19 hotspot in the last 14 days, evidence, if required, that they are entering Queensland to go directly to work.
  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

Class exemption for non-cruise maritime crew means the class exemption for non-cruise maritime crew in Schedule 1 of this direction.

Note: for the purposes of the class exemption for non-cruise maritime crew in Schedule 1 of this direction reference to a port authority includes a terminal operator

COVID-19 hotspot means a particular area of Australia decided by the Chief Health Officer and published on the Queensland Health website.

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. 8), or its successor, or another Public Health Direction.

Essential goods or servicesare 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 practitionermeans:

  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:

  • 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.

Non-cruise maritime crew means maritime crew defined under the class exemption for non-cruise maritime crew in Schedule 1 of this direction.

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 authoritymeans an emergency officer appointed under the Public Health Act 2005.

Self-quarantine means:

  1. 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; or
  2. for non-cruise maritime crew, self-quarantine in accordance with the class exemption for non-cruise maritime crew.

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

1 May 2020

Published on the Queensland Health website 1 May 2020 at 11.25pm

Schedule 1: Class exemption for non-cruise maritime crew

On 9 April, the National Cabinet agreed that the Australian Government and all states and territories would implement a consistent and immediate exemption for non-cruise maritime crew to provide for the transiting to and from their places of work, within and across jurisdictions with agreed documentation.

National Cabinet noted that states and territories may adopt additional protocols in consultation with industry that creates protection for crews on board vessels, and will put in place appropriate penalties for companies and individuals that are found to be in breach of the requirements of the exemption.

The exemption will be reviewed on 1 June 2020.

Class exemption

This class exemption for non-cruise maritime crew will be implemented by the Australian Government, and all states and territories in their relevant primary or subordinate legislation. The purpose of the exemption is to enable key industries and supply chain activities to continue to operate while at the same time mitigating the risk that these workers may spread COVID-19.

Definition of maritime crew

Maritime crew includes anyone required to be part of a crew operating or providing services to support the operation of a commercial vessel (excluding cruise vessels) or a government vessel in Australian waters. A commercial vessel is defined as any vessel involved in commercial activity in support of the movement of freight and important industries (such as the resources industry) or person involved in the provision of port services, maintenance services, marine pilots and marine surveyors. Maritime crew does not include cruise ship crew.

Maritime crew includes Australian and New Zealand Citizens, permanent residents, maritime crew visa holders and sub-class 400 (temporary specialist worker) visa holders.

This advice does not apply to crew on cruise ships.

Maritime crew also includes any Government officials involved in the regulation or other authorisation of the industry, including personnel from the Australian Government (such as the Australian Maritime Safety Authority, the Australian Border Force, the Department of Agriculture and the Environment, the Department of Health) and the state/territory government (such as the Department of Health, Maritime Regulatory agencies, Port Authorities, and Environment Protection agencies). These officials are exempt from any quarantine or self-isolation requirements where they are required to attend a vessel for the purposes of conducting their regulated activities.

Provisions

These provisions apply to Australian and international crew working on commercial vessels in Australia (not cruise ships). Vessels may berth in Australia at any time, however, if the vessel arrives within 14-days from their last international port of call or from the last time crew (not including cruise ship crew) joined the vessel within Australia and all occupants aboard the vessel have declared that they are healthy the following restrictions apply:

  • All crew must remain on-board while the vessel is berthed in a port or any other place where cargo is loaded or unloaded.
  • Crew are able to disembark to conduct essential vessel functions and crew must wear personal protective equipment (PPE) while performing these functions.
  • Crew must also use PPE in public spaces on board the vessel while non-crew members are on-board.
  • These restrictions apply until 14 days has elapsed since the vessel departed the last foreign port before Australia or the last time crew joined the vessel within Australia, unless crew are unwell or there is a suspected case of COVID-19 on-board. If a person is unwell, there will be a human biosecurity assessment, and if indicated, a subsequent referral to state and territory human biosecurity officer (public health doctor) for direction as per current process.
  • The period maritime crew spend at sea prior to their arrival in Australia and during operations in Australia since the last time crew joined the vessel counts towards the 14-day period of self-isolation. In practice, if a vessel has travelled for ten days since last being in a foreign port, the period of self-isolation for its crew members would be the remaining four days.
  • Shore leave can be taken once the 14-day period has elapsed so long as no crewmember has demonstrated signs of illness or is suspected of having COVID-19.
  • Commercial vessels that have made declarations during pre-arrival formalities that crew are ill and showing COVID-19 health symptoms will be managed in accordance with established pratique arrangements and in consultation with state police jurisdictions. Reception and management plans will be drawn together prior to allowing the vessel to enter an Australian port.

Crew signing off a vessel

  • Both Australian and foreign crew signing off a vessel at an Australian port who have completed the 14-day isolation period will be permitted to:
    • transit and depart Australia via a flight; or
    • proceed to join another vessel in Australia; or
    • for Australian residents, return to their normal place of residence in Australia.
  • Crew departing via a flight will need to provide evidence of their flight details or the next vessel they are to join.
  • Where a crewmember is signing off a vessel (within the 14-day period) and remaining in Australia to join another vessel they must self-isolate at their accommodation for the remainder of the 14-day self-isolation period.
    • Crew members departing Australia may proceed directly to the airport and depart; or they must self-isolate at their accommodation until the time they proceed to the airport.
    • Crewmembers can proceed to join another vessel in Australia, but they must self-isolate at their accommodation until the time they board the vessel.
    • Where a crewmember’s transportation out of Australia is delayed or cancelled, the crewmember can remain in Australia on their existing Maritime Crew Visa until an alternative transportation option is arranged.
    • Crewmembers must still complete their 14-day self-isolation period following the departure from their last foreign port.
  • Where a crewmember is an Australian resident and is signing off a vessel (within the 14-day period) and returning home they must self-isolate at their usual place of residence for the remainder of the 14-day self-isolation period.
  • Where a crewmember is an Australian resident and is signing off a vessel (following the completion of the 14-day period) and returning home they may travel home without the need to quarantine prior to arrival or self-isolate at their usual place of residence.

Crew arriving by international aircraft or travelling within Australia to join a vessel

The following exemptions are in place for commercial vessels and non-cruise maritime crew:

  • Crew travelling to Australia (by aircraft) to join a vessel must adhere to the following arrangements:
    • On arrival in Australia crew may be subject to additional screening by biosecurity.
    • Crew may take a domestic flight/s to their final destination to meet their vessel but must self-isolate at their accommodation if they have a layover at any time.
    • Crew must proceed directly to the vessel or self-isolate in their accommodation.
    • Crew experiencing any signs of illness must not join the vessel and should seek medical assistance.
    • Once on the vessel, crew members may leave the vessel to undertake vessel functions and must wear PPE while performing these functions.
  • Crew travelling within Australia (by any means of transportation) to join a vessel must adhere to the following arrangements:
    • During travel to their destination or on arrival at their destination crew may be subject to additional screening by biosecurity.
    • Crew may take a domestic flight/s to their final destination to meet their vessel but must self-isolate at their accommodation if they have a layover at any time.
    • Crew must proceed directly to the vessel or self-isolate in their accommodation.
    • Crew experiencing any signs of illness must not join the vessel and should seek medical assistance.
    • Once on the vessel, crew members may leave the vessel to undertake vessel functions and must wear PPE while performing these functions.
  • Crew joining a vessel in Australia within 14-days need to undertake appropriate precautions when interacting with others. This includes:
    • Use of appropriate PPE when interacting with others (port workers and other crewmembers who will be leaving the vessel for shore leave or sign-off).
    • Practice good personal hygiene and clean/sanitise surfaces and common areas.
    • Use separate facilities to other crewmembers (where possible).
    • Maintain appropriate social-distancing.

Documentary evidence of exemption

  • Crew travelling to a vessel in Australia or leaving a vessel to return home or leave Australia should carry the following documentary evidence to demonstrate to state or territory authorities they are subject to an exemption:
    • A letter from their employer on company letterhead indicating their name, occupation, reason for travel relating to their work and the location where the work is to be conducted
    • A letter from the port authority indicating that the vessel that the work relates to is expected to be in that port at the specified time
    • Their Maritime Security Identification Card where they have one
    • A copy of the company COVID-19 management plan or staff procedures.
  • Companies with crew travelling to join commercial vessels in Australia may also be requested to submit their company COVID-19 management plan or staff procedures and a list of staff expected to be travelling and subject to this exemption to relevant authorities.
  • Where the maritime crew have complied with all of the requirements of the exemption state and territory law enforcement representatives will permit the crewmember to travel to their vessel and to travel home from their vessel at the end of their allocated shift without impediment.
  • State and territory law enforcement representatives will check compliance with the exemption conditions and action may be taken if maritime workers are found to have not complied with any of the requirements of the exemption.
Last updated: 3 July 2020