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Superseded - Border restrictions Direction (No. 6)

This direction has been superseded by the Border restrictions Direction (No. 15)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 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 people entering Queensland should practise social distancing and risk mitigation measures such as remaining 1.5 metres away from other persons and regular washing of hands.

Preamble

  1. This Public Health Direction replaces the Public Health Direction referred to as the Border Restrictions Direction (No. 5) given on 1 May 2020.

Citation

  1. This Public Health Direction may be referred to as the Public Health Direction – Border Restrictions (No. 6).

Revocation

  1. The Border Restrictions Direction (No. 5) given on 1 May 2020 is revoked from 12.01 pm on 3 July 2020.

Commencement

  1. This Direction applies from 12.01 pm on 3 July 2020 until the end of the declared public health emergency, unless it is revoked or replaced.
  2. This Direction applies to all persons who arrive in Queensland from a place outside of Queensland.

PART 1—ENTRY DECLARATION

  1. Every person entering or proposing to enter Queensland must, in a written or electronic declaration, provide, to the best of their knowledge, true and correct information about the following:
    1. in the 14 days prior to entering Queensland, whether the person has:
      1. been overseas; or
      2. been in a COVID-19 hotspot; or
      3. had contact with a person who is a confirmed case of COVID-19; or
      4. had symptoms consistent with COVID-19; and
    2. whether the person has COVID-19; and
    3. the person’s name, address and email address; and
    4. details of where the person intends to stay while in Queensland; and
    5. any other information required by an emergency officer (public health).
  2. Information provided under paragraph 6 is taken to be information provided to an emergency officer under section 363 of the Public Health Act 2005.
  3. A person may be required by an emergency officer (public health) to provide evidence of the information provided under paragraph 6.
  4. Despite paragraph 6, a person entering Queensland who is an exempt person because they are transporting freight is not required to provide the entry declaration.
  5. A person who is required to quarantine under this direction must:
    1. quarantine in accordance with the requirements in Schedule 2; and
    2. will be quarantined for a further period of 10 days from the end of the quarantine period if the person is not tested for COVID-19 when requested to do so by an emergency officer (public health); and
    3. Part 7AA of the Public Health Act 2005 applies to a person required to quarantine under this Direction.

PART 2—ENTRY and QUARANTINE

  1. A person who arrives in Queensland from another State or Territory of Australia will only be allowed to enter Queensland if they are an exempt person.
  2. A person who enters Queensland under paragraph 11 must quarantine if in the 14 days prior to entering Queensland:
    1. the person been overseas; or
    2. the person has had known contact with a person who is a confirmed case of COVID-19; or
    3. the person has been in a COVID-19 hotspot; or
    4. the person has had COVID-19 or has had symptoms consistent with COVID-19.
  3. Despite paragraph 12c a person who has been in COVID-19 hotspot is not required to quarantine if the person:
    1. is a specialist worker who is required to be in Queensland to perform specialist work; or
    2. is an adult required in Queensland under orders of any Court or Tribunal of Australia or to give effect to orders of the Court or Tribunal; or
    3. is required in Queensland by a State or Commonwealth department or law enforcement agency to assist with or participate in a State or Commonwealth law enforcement investigation or other action whether voluntarily or not; or
    4. arrives by air to an airport in Queensland and:
      1. transfers directly to another flight to leave Queensland; or
      2. arrives by air to the Brisbane Airport or Gold Coast Airport and transfers directly to a form of vehicle to immediately leave Queensland without exiting from that vehicle; or
    5. was in the COVID-19 hotspot for the sole purpose of transiting through an airport in the COVID-19 hotspot and did not leave the confines of the airport; or
    6. was on the vessel Spirit of Tasmania and:
      1. went directly from the vessel to an airport in the COVID-19 hotspot and did not leave the confines of the airport except to board a flight to Queensland; or
      2. went directly from the vessel and transited through the COVID-19 hotspot by vehicle without stopping except to obtain essential fuel; or
    7. the person has completed a minimum of 14 days of government mandated quarantine without symptoms consistent with COVID-19 or a positive COVID-19 test, and provides evidence:
      1. from the health authority of another State or Territory of having completed the quarantine; and
      2. that the person travelled directly from the place of quarantine to an airport to depart the COVID-19 hotspot and did not leave the confines of the airport; or
    8. the person is avoiding serious injury or escaping an immediate risk of serious harm

      Example – escaping a risk of harm related to sexual or domestic and family violence or accessing support from a domestic and family violence support service.

  4. A person entering Queensland who is not required to quarantine under paragraph 13 must only remain in Queensland for the time necessary to carry out the activity for which they are entering Queensland and must:
    1. keep and retain written records of close contacts for a 14-day period commencing on their date of arrival in Queensland, or, if they remain in Queensland for a period of less than 14 days, for that period; and
    2. provide the records to an emergency officer (public health) if directed by an emergency officer (public health) or to a contact tracing officer; and
    3. minimise contact with the community for a period of 14 days; and
    4. to the extent reasonably practicable, practice social distancing including by remaining at least 1.5 metres from other people.
  5. For the purpose of paragraph 14:
    1. a person is a close contact of another person if they are in the company of the other person:
      1. within an enclosed space for a period of 2 hours or longer; or
      2. within 1.5 metres of the other person for a period of 15 minutes or longer; and
    2. the records that are required to be kept are:
      1. the name and phone number and email address of the close contact and the day, time and location at which the close contact occurred; or
      2. if the name and phone number or email address are not known or it is not reasonably practicable to obtain them, the day, time and location at which the close contact occurred.
  6. An exempt person is a person mentioned in the following table:
Exempt person
Note: an exempt person may be subject quarantine under paragraph 12 if they have been overseas, been in COVID-19 hotspot, had contact with a person who has COVID-19 or have COVID-19 or have symptoms of COVID-19
  1. Domestic air travel
    A person who enters Queensland by air 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 an emergency officer (public health) including a direction to quarantine until their next flight; or
    2. they transfer directly to another mode of conveyance to depart Queensland without exiting the mode of conveyance while in Queensland.
  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. An active member of the Australian Federal Police or Australian Border Force or State or Commonwealth law enforcement agency required to be on duty while in Queensland.
    4. A Federal, State or local government elected representative who is travelling to Queensland to perform official duties in Queensland.
    5. 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 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.
    2. A person who, in carrying out their duties, is responsible for the retrieval, delivery or transportation of organs or tissue for medical transplantation.

      Note: This includes persons from interstate who travel to Queensland and Queensland persons who travel interstate and return.

    3. A person who, in carrying out their duties, is responsible for providing health support services 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 to, from or through Queensland under a commercial freight operation and the only persons in the vehicle are essential for the delivery of the freight; or

        Note: Freight operators are not permitted to carry passengers

      2. is transporting passengers (who must also be exempt persons) to, from or through Queensland under a commercial passenger operation; or
      3. provides logistics and support for the transport in paragraph a or b and the logistics and support cannot be provided from outside of Queensland; or
      4. is a member of a domestic commercial or domestic charter flight air crew.
    2. The person in paragraph 1 must, as far as practicable:
      1. remain isolated from the general public in their vehicle or accommodation until the person departs Queensland or for 14 days, whichever period is shorter; and
      2. practise social distancing, including by remaining at least 1.5 metres from other people.

  1. Maritime Crew
    1. A maritime crew member who complies with any relevant protocol for maritime approved by the Chief Health Officer.

    Note: Cruise ships are subject to the Restricting cruise ships from entering Queensland waters Direction (No. 2) or its successor and to the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements) Determination 2020 (Cth).

    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. 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 electricity and power, telecommunications, data, water supply, sewerage, sanitation and waste and recycling management.
    2. Specialists required to provide emergency services, government, industry or business continuity and maintenance of competitive operations where the appropriate skills are not available in Queensland, where the service is time critical and where the provision of the service requires that the person is physically present in Queensland.
    3. A person who is a construction, manufacturing, resources sector or energy 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 employees
    1. Any 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 must quarantine upon arrival under this direction and is not given a direction to quarantine in nominated premises by an emergency officer, details of where the person will 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. Higher education institution and boarding school students and staff members
    1. Any person who is a student at a higher education institution or boarding school and is entering Queensland for the purposes of receiving instruction, including a parent or guardian accompanying a student who is a minor.
    2. Any person who is a staff member at a higher education institution and is entering Queensland for the purpose of work.
    3. Example – universities, TAFEs, registered training organisations

  1. Other persons
    1. Any person who has been ordinarily resident in Queensland since the public health emergency was declared or is moving to Queensland to make Queensland their principal place of residence.

      Example -  school students who are ordinarily resident and returning to attend school in Queensland

    2. Any person who:
      1. is ordinarily a resident at or near a border with Queensland; and
      2. who in the ordinary course of their work, education or daily life, has reasonable cause to travel to Queensland; and
      3. enters Queensland, by crossing a land border; and
      4. does not stay in Queensland for longer than reasonably necessary for work, education or to obtain goods or services.
    3. Any person, who:
      1. is a carer or relative of a dependent individual who is in Queensland; and
      2. is required to travel to Queensland to assist, care or provide support for the dependent individual.
    4. Any dependent individual, who:
      1. 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.
    5. 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 in Queensland by a State or Commonwealth law enforcement agency to assist with or participate in a State or Commonwealth law enforcement investigation or other action whether voluntarily or not; or
      5. usually resides in a residential facility in another State or Territory, for example, a boarding school or college who needs to return to Queensland; 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; or
      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 or accessing support from a domestic and family violence support service

      8. is complying with or giving effect to the exercise of a power or function of a government agency or entity under a law.

Part 3—OTHER MATTERS

  1. The Chief Health Officer may give an exemption from a requirement of this Direction if the Chief Health Officer considers:
    1. the person is essential for the proper functioning of the State and the person must be physically present in Queensland; or
    2. other exceptional circumstances exist.
  2. An emergency officer (public health) can require any exempt person to quarantine if the emergency officer believes the direction is reasonably necessary to assist in containing, or to respond to, the spread of COVID-19 within the community.

Part 4—DEFINITIONS

For the purposes of this Public Health Direction:

  1. Contact tracing officer means a person appointed as a contact tracing officer under the Public Health Act 2005.
  2. COVID-19 hotspot means a particular area of Australia decided by the Chief Health Officer and published on the Queensland Health website.
  3. 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.
  4. Emergency officer (public health) means an emergency officer appointed under the Public Health Act 2005.

    Note: emergency officers appointed under the Public Health Act 2005 includes a number of public service officers such as public health officers, police, fire and emergency services.

  5. 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), research vessel or a government vessel in Australian waters but does not include private vessels.
  6. Quarantine means to quarantine in accordance with the requirements in Schedule 2.
  7. Specialist worker means a person specified in Schedule 1 who is required to enter Queensland to provide services or perform a duty but only if:
    1. the services provided by the person cannot be obtained in Queensland; and
    2. the service must be provided without delay; and
    3. the person must be physically present in Queensland to provide the service or perform the duty;

    and does not include a person who arrives in Queensland if the person’s departure from Queensland was for a purpose unrelated to their work or duties, such as a departure for personal or recreational purposes, regardless of whether on return the person falls within the ambit of a specialist worker.

  8. Nominated Premises
    1. a place as directed by an emergency officer (public health); or
    2. if no direction is given by an emergency officer, a place where quarantine can be observed.
    3. Note: A person may be directed by an emergency officer (public health) to quarantine at government-nominated accommodation at their own expense in accordance with section 362MC of the Public Health Act 2005.

  9. Symptoms consistent with COVID-19 means fever or history of fever, symptoms of acute respiratory infection (cough, shortness of breath, sore throat) or loss of smell or loss of taste.

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.

Dr Jeannette Young

Chief Health Officer

3 July 2020

Published on the Queensland Health website 3 July 2020 at 12.30am

Schedule 1—Specialist worker

Specialist worker
Note: See definition of specialist worker in paragraph 25 for additional requirements
  1. National and State Security
    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 physically present in Queensland for such purposes.
    2. Active military personnel required to be on duty in Queensland while in Queensland.
    3. An active member of the Australian Federal Police, Australian Border Force or State or Commonwealth law enforcement agency required to be on duty while in Queensland.
    4. A Federal, State or local government elected representative who is travelling to Queensland to perform official duties in Queensland.
    5. 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 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 is providing emergency medical care or transport to a patient.
    2. A person who, in carrying out their duties, is responsible for the retrieval, delivery or transportation of organs or tissue for medical transplantation.
    3. A person who, in carrying out their duties, is responsible for providing critical health support services for the critical maintenance, resupply or repair of health services infrastructure critical to Queensland. This includes Australian Red Cross Lifeblood.
  1. Transport, freight and logistics
    1. Any person who:
      1. is transporting freight to, from or through Queensland under a commercial freight operation and the only person in the vehicle is essential for the delivery of the freight; or
      2. is transporting passengers (who must also be specialist workers or otherwise permitted to enter Queensland) to, from or through Queensland under a commercial passenger operation, excluding maritime crew; or
      3. provides logistics and support for the transport; or
      4. is a member of a domestic commercial or domestic charter flight air crew.
    2. The person must, as far as practicable:
      1. remain isolated from the general public in their vehicle or accommodation until the person departs Queensland or for 14 days, whichever period is shorter; and
      2. practise social distancing, including by remaining at least 1.5 metres from other people; and
      3. comply with any relevant protocol for the person approved by the Chief Health Officer.
  1. Time critical specialist skills
    1. Specialist workers required to provide emergency services, government, industry or business continuity and maintenance of competitive operations.

Schedule 2—Quarantine requirements

Person entering Queensland

Quarantine requirements

A person entering Queensland who has been outside Australia in the last 14 days.

The person must quarantine in accordance with the Self-Quarantine for persons arriving in Queensland from overseas Direction (No. 3) or its successor.

A person entering Queensland who has COVID-19.

The person must quarantine in accordance with the Self-isolation for Diagnosed Cases of COVID-19 Direction (No. 3) or its successor.

A person entering Queensland who has:

  1. had known contact with a person who is a confirmed case of COVID-19 in the last 14 days; or
  2. been in a COVID-19 hotspot in the last 14 days; or
  3. had symptoms consistent with COVID-19 in the last 14 days.
  1. The person must:
    1. quarantine in a nominated premises as directed by an emergency officer (public health) and remain in that place for a period of 14 days commencing on the date of their arrival to Queensland;

      Note: A person may be directed by an emergency officer (public health) to quarantine at government-nominated accommodation at their own expense in accordance with section 362MC of the Public Health Act 2005.

    2. must travel to the nominated premises by the most direct practical route and means to the place;
    3. must not leave the nominated premises for a 14-day period, except:
      1. for the purposes of obtaining essential medical care or medical supplies where alternative delivery arrangements to the person are not reasonably practicable; or
      2. to avoid injury or illness or to escape a risk of harm; or

        Example - escaping a risk of harm related to sexual or domestic and family violence; or accessing support from a domestic and family violence support service

      3. in the event of an emergency situation; or
      4. as otherwise required or permitted under a direction given to the person by an emergency officer (public health); and
    4. must not permit any other person to enter the nominated premises unless that other person:
      1. resides in the nominated premises; or
      2. enters the nominated premises to provide emergency or medical care to a person residing in the nominated premises; or
      3. as otherwise required or permitted under a direction given to the person by an emergency officer (public health).
  2. Unaccompanied minors can, from their point of arrival in Queensland, be accompanied by a parent or guardian to a nominated premises or to a place of residence to self-quarantine.
  3. People unable to live independently without ongoing or regular support due to significant health needs, and their carers, who arrive in Queensland must travel directly to their residence and self-quarantine.
Last updated: 9 July 2020