Superseded - Restrictions on Businesses, Activities and Undertakings Direction

This direction has been superseded by the Restrictions on Businesses, Activities and Undertakings Direction (No. 29)

Summary

Effective from: 12pm on 1 June 2020

Posted: 31 May 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 s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Preamble

1. This Public Health Direction replaces the Public Health Direction referred to as the Non-Essential Business, Activity and Undertaking Closure (No. 10) made on 14 May 2020 and is the successor of that Direction.
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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.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

3. This Public Health Direction may be referred to as the Restrictions on Businesses, Activities and Undertakings Direction.

Revocation

4. The Non-Essential Business, Activity and Undertaking Closure Direction (No. 10) made on 14 May 2020 is revoked from 12pm (midday) on 1 June 2020.

PART 1 — DIRECTION — RESTRICTIONS ON BUSINESSES, ACTIVITIES AND UNDERTAKINGS

5. This Public Health Direction applies from 12pm (midday) on 1 June 2020 until the end of the declared public health emergency, unless it is revoked or replaced.
6. A person who owns, controls or operates a restricted business, activity or undertaking in the State of Queensland, including operating at a private residence, may operate the business, activity or undertaking to the extent permitted in Column 2 of the table at paragraph 14.
7. Despite paragraph 6, a person who owns, controls or operates a restricted business, activity or undertaking may operate with more than the maximum number Column 2 if they operate in compliance with:
   1. an Industry COVID SAFE Plan, a Site Specific COVID SAFE Plan, or a Professional Sporting Code COVID SAFE Plan as approved by the Chief Health Officer or a delegate; and
   2. any conditions set out in the relevant plan or any conditions imposed by the Chief Health Officer or a delegate; and
   3. any additional conditions provided in this Direction.
8. Despite paragraphs 6 and 7, a person who owns controls or operates a restricted business, activity or undertaking may continue to do so online or through the internet.

   Example – a business selling goods or providing services online.

9. A business, activity or undertaking that is not listed in this Direction may operate as normal, with social distancing observed and subject to any other applicable Public Health Directions.
10. A person who owns, controls or operates a restricted business, activity or undertaking must ensure social distancing is observed to the extent possible and there is no more than one person per 4 square metres, unless otherwise specified.
11. If a business, activity or undertaking is required to maintain a 4 square metre requirement, this applies to areas of the business that are open to or used by the public (for example, for a cafe or restaurant, the dining area, but not the kitchen).
12. Where multiple businesses, activities or undertakings operate in one premises/venue, the total number of patrons allowed is 20 people, and more with an approved COVID SAFE Plan.
13. A person who owns, controls or operates a restricted business, activity or undertaking must keep contact information about all guests and staff for contact tracing purposes, including name, address and mobile phone number for a period of at least 56 days, unless otherwise specified. If requested, this information must be provided to public health officers. The information should be securely stored, not used for any other purpose and deleted after 56 days.
14. For the purposes of this Public Health Direction:

Restricted business, activity or undertaking means a business, activity, undertaking, premises or place listed in Column 1 to the extent permitted in Column 2:

15. Additional requirements for facilities under the Food and drink and Entertainment venues categories that operate for seated patrons:
    1. alcohol may be provided only when patrons are seated – no bar service;
    2. no gaming;
    3. no buffet self service;
    4. maximum number of patrons specified is inclusive of indoor and outdoor seated areas.
16. A person who owns, controls or operates a restricted business, activity or undertaking that provides takeaway food must ensure all cutlery and utensils provided for self-service takeaway must be single use.

Additional Requirements if not operating under an Approved Plan

17. Additional requirements for indoor cinemas:
    1. multi-cinema complexes must have a plan to manage entry and exit to ensure physical distancing and person density rules are applied;
    2. ensure venue is well ventilated;
    3. seating arrangements spaced to ensure appropriate social distancing (members of the same household may sit together).
18. Additional requirements for concert venues, theatres, arenas, auditoriums, stadiums and major outdoor events:
    1. must have a plan to manage entry and exit to ensure social distancing and person density rules are applied;
    2. ensure venue is well ventilated;
    3. seating arrangements spaced to ensure appropriate social distancing (members of the same household may sit together).
19. Additional requirements for theme parks, outdoor amusement parks, tourism experiences and arcades: must have a plan to manage entry and exit to ensure social distancing and person density rules are applied.
20. Additional requirements for boot camps and personal training:
    1. participants must bring their own equipment where possible (for example, gym mat);
    2. frequent environmental cleaning and disinfecting should be maintained for equipment by personal trainer/boot camp instructor;
    3. no contact sports or contact skills training (for example, boxing with a partner, tackling or wrestling) unless with a member of your household.
21. Additional requirements for indoor sporting centres, including gyms, health clubs, fitness centres, yoga, barre, spin facilities and dance studios:
    1. participants must bring their own equipment where possible (for example, gym or yoga mat);
    2. frequent environmental cleaning and disinfecting should be maintained for equipment by facility staff;
    3. only open if supervised and staff are available to conduct regular cleaning and enforce social distancing;
    4. no contact sports or contact skills training (for example, boxing with a partner, tackling or wrestling) unless with a member of your household;
    5. no spectators, except for up to one parent/carer per child if necessary;
    6. minimise use of communal facilities.

       Notes: shower with soap before and after training or activity at home

22. Additional requirements for social sporting-based activities:
    1. no contact sports or contact skills training. Accidental contact may occur but no deliberate body contact drills. No wrestling, tackling etc unless with a member of your household;
    2. 20 people includes all players, coaches, spectators and any other person that attends the sporting-based activity;
    3. communal showers and change rooms must be closed. Toilets may remain open;
    4. minimise use of communal facilities;
    5. maintain social distancing, hand hygiene and frequent environmental cleaning and disinfection.
       
       Notes: social sporting-based activities should align with the Return to Play Guide,which includes a range of requirements for community sport to adhere to.
23. Additional requirements for swimming pool operators:
    1. limit total numbers of people. Where possible, up to one parent/carer per child if necessary;
    2. communal showers and change rooms must be closed. Toilets may remain open;
    3. minimise use of communal facilities;
    4. maintain social distancing, hand hygiene and frequent environmental cleaning and disinfecting.

       Notes: shower with soap before and after training (at home, not at the pool); no unnecessary co-mingling, especially outside of the pool - “Get in, train, get out”.

24. Additional requirements for zoos and wildlife centres: must have a plan to manage entry and exit to ensure social distancing and person density rules are applied.
25. Additional requirements for galleries, museums, national and state institutions and historic sites: must have a plan to manage entry and exit to ensure social distancing and person density rules are applied.

Exemptions

26. The Queensland Chief Health Officer may grant an exemption to part or all of this Direction on compassionate grounds or for other exceptional circumstances.

Definitions

For the purposes of this Public Health Direction:

27. Community hub means:
    1. a facility in a remote or discrete community acting as a place of refuge or evacuation place in a disaster; or
    2. a community facility in an Aboriginal or Torres Strait Islander community that provides essential activities or services relating to child care, youth, harm minimisation and diversion.
28. COVID SAFE Checklist means the applicable COVID SAFE Checklist published on a Queensland Government website for the type of business, activity or undertaking.

    Note – see https://www.covid19.qld.gov.au/

29. Approved Plan is an Industry COVID SAFE Plan, a Site Specific COVID SAFE Plan, or a Professional Sporting Code COVID SAFE Plan approved the Chief Health Officer or a delegate.
30. Industry COVID SAFE Plan means a COVID SAFE Plan developed by an industry body based on best practice to allow industry to have additional customers on business premises.
31. Professional Sporting Code COVID SAFE Plan means a COVID SAFE Plan for a professional sporting code of national significance.
32. Qualified massage therapist means a massage therapist who:
    1. holds a relevant qualification (minimum AQF level 4 (Certificate IV)) under the Australian Qualifications Framework;
       Example – Certificate IV in Massage Therapy, Diploma of Remedial Massage or Bachelor of Health Science (Myotherapy)
    2. is a member of a professional organisation within the meaning of section 10 of the Private Health Insurance (Accreditation) Rules 2011 (Cwlth); and
    3. holds approved provider status with one or more private health funds.
33. Relevant authority means an emergency officer appointed under the Public Health Act 2005.
34. Site Specific COVID SAFE Plan means a site-specific COVID SAFE Plan for unique and/or large businesses or events.

For example – a theme park, zoo, major outdoor event, concert venue or casino.

35. Skin penetration has the same meaning as in section 17 of the Public Health (Infection Control for Personal Appearance Services) Act 2003.
36. Social distancing includes remaining at least 1.5 metres away from other persons where possible, regular washing of hands and avoiding handshaking.

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

31 May 2020

Published on the Queensland Health website 31 May 2020 at 11:00 am