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Superseded - Border restrictions Direction (No. 9)

This direction has been superseded by the Border restrictions Direction (No. 11) on 31 July 2020

Summary

Effective from: 27 July 2020

Posted: 27 July 2020

Superseded on: 31 July 2020

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 17 August 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 physical 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. 8) given on 10 July 2020.

Citation

  1. This Public Health Direction may be referred to as the Public Health Direction – Border Restrictions (No. 9).

Revocation

  1. The Border Restrictions Direction (No. 8) given on 10 July 2020 is revoked from the time of publication of this direction.

Commencement

  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. 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 from another State or Territory must:
    1. provide a valid Queensland Border Declaration Pass; and
    2. provide an undertaking that the person will present for a COVID-19 test if the person develops symptoms consistent with COVID-19 within 14 days of entering Queensland; and
    3. comply with the undertaking while present in Queensland.
  2. A  person provides a Queensland Border Declaration Pass by providing in a written or electronic declaration 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. been a cleared case of COVID-19; or
      5. had symptoms consistent with COVID-19; and
    2. whether the person is a confirmed case of COVID-19, in which case the person will not be permitted to enter Queensland; and
    3. the person’s name, date of birth, phone number, address and email address; and
    4. if the person is not directed to stay in government nominated-accommodation, details of where the person intends to stay while in Queensland; and
    5. any other information required by an emergency officer (public health).
  3. A Queensland Border Declaration Pass is valid for the purpose of entering Queensland for the shorter of the following periods:
    1. 7 days from the day the declaration is made; or
    2. if any of the person’s circumstances in paragraph 7 have changed.
  4. Despite paragraph 6, the following persons are not required to provide the Queensland Border Declaration Pass or undertaking:
    1. a person performing an essential activity related to national and state security, police, health or emergency services who enters Queensland to respond to an emergency; and
    2. maritime crew who are not required to complete a Queensland Border Declaration Pass under the Protocol for Maritime Crew approved by the Chief Health Officer.
  5. A person who has not provided a Queensland Border Declaration Pass or undertaking as required by this Direction must not enter Queensland.

PART 2—RESTRICTIONS ON PEOPLE ENTERING FROM COVID-19 HOTSPOT

  1. A person who has been in a COVID-19 hotspot in the 14 days prior to entering Queensland must not enter Queensland unless:
    1. the person’s usual residence is in Queensland; or
    2. to comply with an order to attend a Court or Tribunal or to give effect to orders of a Court or Tribunal; or
    3. to fulfil a legal obligation relating to shared parenting or child access; or
    4. to assist with or participate in a State or Commonwealth law enforcement investigation or other action at the request or direction of a State or Commonwealth department or law enforcement agency; or
    5. to perform an essential activity in Schedule 1; or
    6. the person arrives by air to an airport in Queensland and:
      1. transfers directly to another flight to leave Queensland without leaving the confines of the airport; or
      2. quarantines until the time of their flight to leave Queensland; or
    7. the person arrived in the COVID-19 hotspot and used private transport to travel directly from their point of arrival to an airport in the COVID-19 hotspot, without stopping, to depart the COVID-19 hotspot by air; or
    8. the person arrived by air to 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
    9. the person travelled by road using private transport and taking the most practicable direct route through the COVID-19 hotspot and without exiting the vehicle except to deal with an emergency or as directed by police or transport authority; or
    10. Example - An emergency does not include stopping for fuel (unless the person has run out of fuel) a meal break or an overnight rest stop

    11. the person 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; or
    12. the person is avoiding serious injury or escaping an immediate risk of serious harm.
    13. Example – escaping a risk of harm related to sexual or domestic and family violence.

  2. A person permitted to enter Queensland from a COVID-19 hotspot:
    1. under paragraph 11(e) to perform an essential activity must comply with the requirements in Schedule 1 and requirements for quarantine in Part 3 and Schedule 2, if any; and
    2. under another ground in paragraph 11 must comply with the requirements for quarantine in Part 3 and Schedule 2.

Part 3—QUARANTINE

  1. Any person who has not been to a COVID-19 hotspot in the preceding 14 days, or is not a confirmed case of COVID-19, may enter Queensland.
  2. A person who enters Queensland must quarantine if in the 14 days prior to entering Queensland:
    1. the person has been overseas; or
    2. the person has had contact with a person who is a confirmed case of COVID-19; or
    3. the person has been in a COVID-19 hotspot and is permitted to enter under Part 2; or
    4. the person has been a cleared case of COVID-19; or
    5. the person has had symptoms consistent with COVID-19.
  3. A person who is required to quarantine under this direction:
    1. must comply with the requirements for quarantine, if any, in Schedule 2; and
    2. will be quarantined for a further period of 10 days from the end of the quarantine period in Schedule 2 if the person is not tested for COVID-19 when requested to do so by an emergency officer (public health); and
    3. Chapter 8, Part 7AA of the Public Health Act 2005 applies to a person required to quarantine under this Direction.

Part 4—OTHER MATTERS

  1. The Chief Health Officer may give a person or class of persons an exemption from a requirement of this Direction if the Chief Health Officer considers:
    1. the person or class of persons are 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 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 5—DEFINITIONS

For the purposes of this Public Health Direction:

  1. Air crew means all air crew including airline general aviation crew and off-shift crew who are travelling as passengers on an aircraft to reposition at another location.
  2. Cleared case of COVID-19 means a person who was a confirmed case of COVID-19 and has been given a letter or other written evidence from a doctor or health authority of the jurisdiction where they were diagnosed that they are cleared of COVID-19.
  3. Confirmed case of COVID-19 means a person who has been clinically diagnosed with COVID-19 who is not a cleared case.
  4. Contact tracing officer means a person appointed as a contact tracing officer under the Public Health Act 2005.
  5. COVID-19 hotspot means a particular area of Australia decided by the Chief Health Officer and published on the Queensland Health website (https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/current-status/hotspots-covid-19 ).
  6. 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 include public health officers and police.
  7. Essential activity means an activity in the table in Schedule 1.
  8. Government nominated-accommodation means a nominated premises at which the person is directed to quarantine at their own expense in accordance with Chapter 8, Part 7AA of the Public Health Act 2005.
  9. Maritime crew includes anyone required to be part of a crew operating or providing services to support the operation of a commercial vessel, research vessel or government vessel in Australian waters but does not include cruise vessels, private vessels, super yachts or recreational vessels.
  10. Nominated Premises means:
    1. a place as directed by an emergency officer (public health); or
    2. for air crew, the air crew accommodation provided by the person’s employer or the aircrew’s residence; or
    3. if no direction is given by an emergency officer, a place where quarantine can be observed.

      Note: For example, a person may be directed by an emergency officer (public health) to quarantine at government-nominated accommodation such as a hotel at their own expense in accordance with section 362MC of the Public Health Act 2005. A boarding school student may be directed to quarantine at a place where quarantine can be observed such as a private residence or the boarding school.
  1. Quarantine means in accordance with Schedule 2.
  2. Queensland Border Declaration Pass see paragraph 7.
  3. 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 6—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

27 July 2020

Published on the Queensland Health website 27 July 2020 at 5:00pm

Schedule 1 – Essential activity

  1. A person entering Queensland for an essential activity must only remain in Queensland for the time necessary to carry out the activity 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 physical distancing including by remaining at least 1.5 metres from other people.
  2. For the purpose of paragraph 1:
    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.
  3. Subject to paragraph 4, a person in the table below is performing an essential activity.
  1. A person who arrives in Queensland is not performing an essential activity 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 performing an essential activity.

    Note: a Queensland resident may usually perform an essential activity while in Queensland but if they departed Queensland to a hotspot for personal reasons, they will be required to quarantine when returning to Queensland.

1. National defence, state security and police
  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 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.
2. Health services and emergency services
  1. A Queensland Ambulance Service employee, a 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.
  4. A person required to provide fire or emergency services in Queensland including rural fire service, state emergency services and firefighters.
3. Transport of freight and logistics
  1. Any person, excluding air crew and maritime crew, who:
    1. is transporting freight to, from or through Queensland under a commercial freight operation and any other person in the vehicle who is essential for the delivery of the freight; or
    2. is transporting passengers by road or rail to, from or through Queensland under a commercial passenger operation or public transport operation; or
      Note: Each passenger as well as the driver must complete a Queensland Border Declaration Pass
    3. provides logistics and support for the transport which requires the person to be physically present in Queensland to provide the logistics or support.

      Example – a specialist mechanic or rail engineer providing mechanical or engineering support for the transport of goods is providing an essential activity. Activities that can be performed remotely such as a person providing administrative support or a manager attending a meeting are not essential activities.

  2. The person must to the extent reasonably practicable, remain isolated from the general public in their vehicle or accommodation until the person departs Queensland or for 14 days, whichever period is shorter.
4. Specialist worker

  1. A person required to provide emergency services or continuity of government services, infrastructure or utilities critical to Queensland 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.
    4. Example:  electricity and power, telecommunications, data, water supply, sewerage, sanitation and waste and recycling management.

5. Air crew and maritime crew

A person who is a member of an air crew or maritime crew who is entering Queensland in the course of their duties.

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.

Schedule 2 – Queensland Border Declaration Pass and Requirements for Quarantine

 

Column 1

Column 2

Column 3

 

Person entering Queensland

Queensland Border Declaration Pass

Quarantine conditions

1.

A person entering Queensland from overseas.

see Part 3, paragraph 14 (a)

No

Note: the person must comply with any declaration requirements for overseas arrivals

Self-Quarantine for persons arriving in Queensland from overseas Direction (No. 5) or its successor.

2.

A person who has been a cleared case of COVID-19 in the last 14 days.

see Part 3, paragraph 14 (d)

Required

Quarantine as required by paragraphs 1 to 4 below.

3.

A person who has had contact in the last 14 days with a confirmed case of COVID-19.

see Part 3, paragraph 14 (b)

Required

Quarantine as required by paragraphs 1 to 4 below.

4.

A person entering Queensland who has had symptoms consistent with of COVID-19 in the last 14 days.

see Part 3, paragraph 14 (e)

Required

Quarantine as required by paragraph 1 to 4 below.

A person listed below who has been in a COVID-19 hotspot in the last 14 days:

see Part 2 and paragraph 16 (c)

5.

Queensland resident

see Part 2, paragraph 11(a)

Required

Quarantine as required by paragraphs 1 to 4 below, unless the person can meet the requirements in paragraph 6 below.

6.

Person performing an essential activity, excluding transport of freight and logistics, air crew and maritime crew

see Part 2, paragraph 11(e)

Required

No

7.

Person performing an essential activity of transporting freight or logistics

see Part 2, paragraph 11(e)

Required

Remain isolated, to the extent reasonably practicable, from the general public in their vehicle or accommodation until the person departs Queensland or for 14 days, whichever period is shorter.

8.

Person entering to escape injury or harm

see Part 2, paragraph 11(j)

Required

Quarantine as required by paragraphs 1 to 5 below.

9.

Person entering for child access or shared parenting arrangements

see Part 2, paragraph 11 (c)

Required

Quarantine as required by paragraphs 1 to 5 below.

10.

Person entering to attend court or law enforcement obligations

see Part 2, paragraphs 11(b) and (d)

Required

Quarantine as required by paragraphs 1 to 5 below.

11.

Person in transit through a Queensland airport

see Part 2, paragraph 11(f)

Required

The person must remain in the confines of the airport.

A person who leaves the confines of the airport must quarantine until the time of their onward flight

12.

Person who transited through the airport in a COVID-19 hotspot

see Part 2, paragraphs 11(g) and (h)

Required

No

13.

Person performing an essential activity who is air crew

see Part 2, paragraph 11(e)

Required

Quarantine as required by paragraphs 1 to 5 below.

14.

Person performing an essential activity who is maritime crew

see Part 2, paragraph 11(e)

Must comply with the protocol approved by the Chief Health Officer.

Must comply with the protocol approved by the Chief Health Officer.

15.

Higher education institution or boarding school students entering for the purposes of receiving instruction, including a parent or guardian accompanying a student who is a minor

see Part 2, paragraph 11(i)

Required

Quarantine as required by paragraphs 1 to 4 below.

16.

Person granted a Chief Health Officer exemption

see Part 4, paragraph 16

Required

Quarantine as required by any conditions given with exemption

Quarantine requirements

  1. The person must:
    1. quarantine in a nominated premises and remain in that place for a period of 14 days commencing on the date of their arrival to Queensland; and
      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; and
    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. fulfil a legal obligation relating to child access or shared parenting arrangements; or
      5. to attend a Court or Tribunal or to give effect to orders of the Court or Tribunal; or
      6. to assist with or participate in a State or Commonwealth law enforcement investigation or other action at the request or direction of a State or Commonwealth department or law enforcement agency;  or
      7. for airline crew, to carry out essential regulatory or safety flight related duties or to attend their next work duty; or
        Example: flight simulation training, safety and security training.
      8. to leave Queensland by the most direct route without stopping; or
      9. 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. enters to fulfil a legal obligation relating to child access or shared parenting arrangements; or
      4. enters the nominated premises to give effect to orders of a Court or Tribunal; or
      5. as otherwise required or permitted under a direction given to the person by an emergency officer (public health).
  2. A person who is permitted to leave their nominated premises during the period of quarantine must  take all reasonable steps to minimise contact with other persons.
  3. A minor entering Queensland under Part 2, paragraph 11(b) or (c), and a parent or guardian accompanying them, can quarantine at the residence of a parent or guardian who is a Queensland resident.
  4. An unaccompanied minor entering Queensland is not required to quarantine at government nominated accommodation and may quarantine at another suitable place, including a private residence.
  5. 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.
  6. A person permitted to enter Queensland under Part 2, paragraph 11(a) will be required to quarantine as required by paragraphs 1 to 5 above unless the person:
    1. has completed a minimum 14 days of government mandated quarantine in another State or Territory immediately prior to entering Queensland; and
    2. provides the following to an emergency officer (public health):
      1. written confirmation of the person’s quarantine period from the health authority of another State or Territory where the government mandated quarantine was completed; and
      2. written confirmation from the health authority of another State or Territory where the government mandated quarantine was completed that the person had a negative COVID-19 test result after day 10 (or later) of the government mandated quarantine; and
      3. an undertaking that the person wore a mask and travelled by private transport taking the most practicable direct route without stopping from the place of government mandated quarantine to an airport to depart the COVID-19 hotspot and did not leave the confines of the airport.
    3. A person who is unable to meet the all of the requirements in paragraphs a and b above must quarantine in accordance with paragraphs 1 to 5 above.
    4. A person who satisfies paragraphs a, b(i) and b(iii) but is unable to meet the requirement in paragraph (b)(ii) above, must quarantine for 14 days or until they receive a negative COVID-19 test result, whichever is the shorter period.

      For example, a returning Queensland resident who has completed government mandated quarantine for 14 days in another State or Territory but has not had a negative COVID-19 test, will be required to quarantine in Queensland until they receive a negative COVID-19 test.

Last updated: 31 July 2020