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Superseded - Restrictions on Businesses, Activities and Undertakings Direction (No. 12)

This direction has been superseded on 17 February 2021. See the current Restrictions on Businesses, Activities and Undertakings Direction (No. 26).

Summary

Effective from: 1am AEST 23 December 2020

Posted: 22 December 2020

Superseded on: 17 February 2021

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 31 March 2021 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 direction 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 Restrictions on Businesses, Activities and Undertakings (No. 11) made on 14 December 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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.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

  1. This Public Health Direction may be referred to as the Restrictions on Businesses, Activities and Undertakings Direction (No. 12).

Revocation

  1. The Restrictions on Businesses, Activities and Undertakings Direction (No. 11) made on 14 December 2020 is revoked from 1am on 23 December 2020.

Commencement

  1. This Public Health Direction applies from 1am on 23 December 2020 until the end of the declared public health emergency, unless it is revoked or replaced.

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

Operating a Restricted Business, Activity or Undertaking

  1. A restricted business, activity or undertaking is a business, activity or undertaking of the type specified in column 1 of Schedule 1.

  2. A person who owns, controls or operates a restricted business, activity or undertaking in the State of Queensland, including operating at a private residence, or in a public space, may operate the business, activity or undertaking in accordance with:

    1. any restrictions listed in column 2 of Schedule 1; and

    2. occupant density, unless:

      1. for a business listed in schedule 1A, contact details are not collected electronically in accordance with paragraph 11, in which case the occupant density provided in paragraph 14 applies; or

      2. otherwise specified in column 2 of Schedule 1; and

      Note – nothing in this Direction is taken to allow a business to exceed the number of occupants permitted under regulations or legislation applying to the business such as fire safety, planning approvals or workplace health and safety regulations.

    3. the COVID SAFE Framework (see paragraph 9); and

    4. public health controls.

    Note – people should observe physical distancing to the extent possible.

  3. Where an Approved Plan, COVID Safe Checklist or COVID Safe Event Checklist refers to a requirement that is different to a requirement in this Direction, the requirement in this Direction prevails to the extent of any inconsistency.

    Example – the Approved Plan for Queensland Tourism and Accommodation refers to a density of no more than one person per four square metres of floor space. A business may allow 1 person per 2 square metres or up to 100% of seated venue capacity where patrons are in ticketed and allocated seating or unless otherwise specified in column 2 of Schedule 1.

COVID Safe Framework

  1. The COVID Safe Framework is:

    1. where there is an Approved Plan for the business, activity or undertaking - the Approved Plan; or

      Note – an Approved Plan remains valid and does not require further approval by the Chief Health Officer or a delegate where it is updated to reflect changes to the Direction.

      Note – an Approved Plan is a either a COVID Safe Industry Plan, a Site Specific COVID Safe Plan, a COVID Safe Professional Sporting Code Plan, or a COVID Safe Event Plan approved by the Chief Health Officer or delegate.

    2. where there is no Approved Plan for the business, activity or undertaking - a COVID Safe Checklist (if applicable) or a COVID Safe Event Checklist; or

    3. where the business elects not to operate under an Approved Plan (despite one being applicable) – an applicable COVID Safe Checklist for a maximum of 50 people; or

      Example – a small café may prefer to operate under the COVID Safe Checklist for dining and drinking in venues rather than an Approved Plan.

    4. where there is no applicable Approved Plan, COVID Safe Checklist or COVID Safe Event Checklist a person who owns, controls or operates a restricted business, activity or undertaking must –

      1. operate for a maximum of 50 people with no more than one person per 2 square metres, unless otherwise specified in column 2 of Schedule 1; and

      2. collect and keep contact information; and

      3. ensure physical distancing is observed; and

      4. operate the business, activity or undertaking in accordance with all other requirements of this Direction.

  2. The Chief Health Officer or delegate may amend or impose conditions on an Approved Plan.

Collection of Contact Information

Requirements for Businesses in Schedule 1A

Electronic collection of contact information
  1. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 1A must electronically collect and keep contact information about all guests, patrons and staff at the time they enter the premises unless otherwise specified.

    Example – collecting and keeping contact information electronically may include using a QR code or another electronic method of recording information.

    Note – see the definition of contact information in Schedule 2 for further record keeping requirements.

    Note – the requirements in paragraph 11-15 apply to a restricted business, activity or undertaking to the extent it operates a business listed in Schedule 1A, regardless of whether the business forms part of a business listed in Schedule 1B. For example, a restaurant in a casino or café in a gallery must comply with this requirement.

  2. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 1A may collect contact information using another method (for example, a paper-based form) if:

    1. a guest, patron or staff member cannot provide the required contact information electronically; or

      Example – a person may be unable to use an electronic sign in system due to age, disability or language barriers.

    2. it is not possible to collect the information electronically due to unexpected circumstances; and

      Example – unexpected circumstances may include temporary issues with an internet service or breakdown in the electronic system.

    3. the information is transferred and kept electronically in accordance with paragraph 13.

  3. Where contact information is collected in accordance with paragraph 12, the person who owns, controls or operates the restricted business, activity or undertaking must transfer the information to an electronic system within 24 hours of collecting the information.

Non-electronic collection of contact information
  1. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 1A that does not electronically collect and keep contact information about all guests, patrons and staff in accordance with paragraphs 11-13 must:

    1. collect and keep contact information about all guests, patrons and staff at the time of entry using another method; and

      Example - alternative means of collecting and keeping contact information may include paper-based forms.

    2. operate with an occupant density limit of one person per 4 square metres; and

    3. operate for seated patrons only.

    Note – businesses that do not use electronic sign in may only have one person per 4 square metres in indoor and outdoor spaces.

    Note – where contact details are collected non-electronically in accordance with this paragraph, the requirements in paragraph 14(b) and (c) apply despite differing requirements set out elsewhere in the Direction or the COVID Safe Framework.

    Note – paragraph 14 applies where a restricted business, activity or undertaking listed in Schedule 1A does not comply with paragraphs 11-13. For example, if a business collects contact information on a paper-based form on the basis of the circumstances outlined in paragraph 12(a) or (b), but does not maintain an electronic system or transfer the information to an electronic system within 24 hours as required under paragraph 13.

Takeaway Food or Home Delivery
  1. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 1A that provides takeaway food or home delivery is not required to collect contact information from takeaway or home delivery patrons.

    Note – a business such as a café or fast food outlet listed in Schedule 1A must collect contact information from dine in patrons.

Requirements for Businesses in Schedule 1B

  1. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 1B must collect and keep contact information about all guests, patrons and staff at the time they enter the premises unless otherwise specified.

    Note – see the definition of contact information in Schedule 2 for further record keeping requirements.

Buffet self-service

  1. A person who owns, controls or operates a restricted business, activity or undertaking that serves food must not allow food to be served via self-service buffet.

    Example – café, restaurant, hotel, RSL, casino.

    Note – also see buffet self-service restrictions in paragraph 21.

Dancing

  1. A person who owns, controls or operates a restricted business, activity or undertaking, may operate an area for dancing on the basis that no more than one person per 2 square metres dances in the dance area.

  2. A person who owns, controls or operates a restricted business, activity or undertaking should ensure reasonable measures are in place to facilitate the distribution of people across a dance area, including, but not limited to:

    1. providing appropriate signage to encourage physical distancing between distinct groups in dance areas; and

    2. ensuring staff encourage patrons to observe physical distancing in dance areas; and

    3. using tables or other fixtures to encourage the distribution of people in a dance area in settings where it is appropriate and safe to do so.

      Example – an RSL or nightclub may allow dancing to occur in an indoor or outdoor space using fixtures, where it is appropriate and safe to do so, to encourage groups of people to be evenly distributed across a dance area. Mosh pits that exceed one person per 2 square metres are not permitted.

  3. Where a restricted business, activity or undertaking listed in Schedule 1A does not electronically collect and keep contact information as required under paragraphs 11-13, no dancing is permitted at the venue, in accordance with the requirement for seated patrons in paragraph 14(c).

Non-Restricted Businesses, Activities and Undertakings

  1. A non-restricted business, activity or undertaking that serves food must not allow food to be served via self-service buffet.

    Example – a work site, residential aged care facility or canteen.

  2. A non-restricted business, activity or undertaking may otherwise operate as normal, with physical distancing observed and subject to any other applicable Public Health Directions.

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 or 6 months imprisonment.

Dr Jeannette Young
Chief Health Officer

22 December 2020

Published on the Queensland Health website at 08:30 pm

Schedule 1

Column 1
Business, activity, undertaking, premises or place

Column 2

Restrictions and Allowances

Schedule 1A
Food and drink
Retail food services (including cafes, restaurants, fast-food outlets)
  • Must operate in compliance with paragraphs 11-14 for dine in patrons.

  • May also operate for takeaway service and home delivery.

Food courts
  • Must operate in compliance with a COVID Safe Checklist.

  • The requirement to collect contact information does not apply.

Entertainment venues
Pubs, licensed clubs, RSL clubs, function centres, bars, wineries, distilleries and microbreweries, and licensed premises in hotels
  • Must operate in compliance with paragraphs 11-14 for dine in patrons.

  • May also operate for takeaway service and home delivery.

High risk businesses, activities and undertakings
Nightclubs
  • Must operate in compliance with paragraphs 11-14.

Schedule 1B
Retail
Auction houses  
Real estate auctions and open house inspections  
Beauty and personal care services
Hairdressing  
  • Beauty therapy (for example, facials, makeup, waxing and laser treatments)

  • Nail services (including manicures, pedicures)

  • Tanning

  • Cosmetic injections

  • Personal appearance services where skin penetration is used (example - tattooing, body piercing, skin implants, hair implants, microneedling)

  • Massage (therapeutic)

  • Day spas and wellness centres (excluding water-based spa services such as saunas and bathhouses)

 
  • Non-therapeutic massage

  • Water-based spa services such as saunas, bathhouses and floatation services

May operate to provide the services listed in Column 1, in compliance with:

  • an Approved Plan; or

  • despite occupant density, for a maximum of 50 people in compliance with a COVID Safe Checklist, where not complying with an Approved Plan.

Note – for businesses that provide one of the services listed in Column 1 in compliance with a COVID Safe Checklist, they are limited to 50 people for these services, regardless of whether they provide any other beauty-related services in the category above (for example, a massage parlour that provides both therapeutic and non-therapeutic massage).

Entertainment venues
Casinos, gaming or gambling venues including wagering outlets that are open to, and accessible by, members of the public
  • For gaming, must operate in compliance with an Approved Plan.

Major Sports Stadiums  

Concert venues, theatres, auditoriums and cinemas

Note – if a venue does not have an Approved Plan they may operate under another element of the COVID Safe Framework (see paragraph 9)

 
Convention centres and show grounds  

Indoor and outdoor events

(Example – marathons, cultural festivals, fetes, expos)

May operate in compliance with an Approved Plan (if applicable), other than a COVID Safe Event Plan.

If more than 500 people (indoor events) or more than 1,500 people (outdoor events) will be in attendance, the event organiser must notify the local public health unit a minimum of 10 business days prior to the event taking place.

Otherwise, must operate in accordance with the following conditions, depending on the number of people per event (or number of people per day for multi-day events) and whether the event is held indoors or outdoors:

Must operate in accordance with occupant density, and the following conditions:

  • Indoor events

    • Fewer than 500 people – must comply with a COVID Safe Event Checklist, no further approval needed;

    • Between 500 and 10,000 people - must comply with a COVID Safe Event Plan approved by local public health units;

    • Over 10,000 people - must comply with a COVID Safe Event Plan approved by the Chief Health Officer.

  • Outdoor events

    • Fewer than 1,500 people – must comply with a COVID Safe Event Checklist, no further approval needed;

    • Between 1,500 and 10,000 people - must comply with a COVID Safe Event Plan approved by local public health units;

    • Over 10,000 people - must comply with a COVID Safe Event Plan approved by the Chief Health Officer.

Note – Multi-day events may operate in accordance with the above conditions, depending on the number of people in attendance per day. For example, a 3-day outdoor event with 1,500 attendees per day may comply with a COVID Safe Event Checklist.

Theme parks, outdoor amusement parks, tourism experiences and arcades  
Indoor play centres and unattended children's rides and games in retail premises  
Leisure and recreation
Boot camps, personal training  
Gyms, health clubs, fitness centres, yoga, barre, spin facilities and dance studios  
Indoor sporting centres and venues
  • Must comply with occupant density off the field of play.

  • Occupant density does not apply on the field of play.

Example – spectators and coaches at an indoor netball game must comply with the one person per 2 square metre rule but players on the netball court are not required to.

Example – a business that hires an indoor school basketball venue for an event may use up to 100% of seated venue capacity when spectators are in ticketed and allocated seating.

Social sporting-based activities, community sports clubs
  • Indoor sports must comply with occupant density off the field of play. Occupant density does not apply on the field of play.

  • Outdoor sports must observe physical distancing off the field of play. Occupant density does not apply on the field of play.

Example – spectators watching a rugby league match must observe physical distancing. Participants, coaches, officials and other support functions (trainers, medical staff, water runners etc) are not required to observe the 1 person per 2 square metre rule on the field.

Swimming pools

  • training/rehabilitation purposes

  • use of public pools for swimming lessons, recreational purposes, use of pools in shared facilities such as hotels and apartment complexes

Must observe physical distancing out of the pool. Occupant density does not apply in the pool.

Example – spectators and coaches at a water polo game must observe physical distancing. Players are not required to observe the 1 person per 2 square metre rule in the pool.

Residential facilities
Hostels, bed and breakfasts, backpackers, boarding houses
  • No more than one person per 4 square metres for sleeping areas.

  • One person per 2 square metres for common areas open to or used by guests.

  • Facilities must only allow the number of persons permitted under the specific booking, letting or rental agreement for the premises or part of the premises to remain there overnight.

  • Facilities must have a health management plan, unless the facility operates solely for permanent residents of the facility or health and community services. A facility that is required to have a health management plan must operate in compliance with the health management plan.

Example – Aboriginal hostels and boarding homes for people living with a disability or mental health issues are not required to have a health management plan.

Note – facilities may also need to comply with the Seasonal Workers Health Management and International Quarantine Plans Direction (No. 2) or its successor

Short term rentals and short term accommodation (for example, serviced apartments including holiday rentals, holiday accommodation or hosting accommodation provided through online booking platforms)
  • No more than one person per 4 square metres for sleeping areas.

  • One person per 2 square metres for common areas open to or used by guests.

  • Facilities must only allow the number of persons permitted under the specific booking, letting or rental agreement for the premises or part of the premises to remain there overnight.

  • Facilities that offer shared bathroom or shared kitchen facilities to persons staying at the facility must also have a health management plan and must operate in compliance with the health management plan.

Note – facilities may also need to comply with the Seasonal Workers Health Management and International Quarantine Plans Direction (No. 2) or its successor

Outdoor recreation
Caravan and camping parks
  • No more than one person per 4 square metres for sleeping areas.

  • One person per 2 square metres for common areas open to or used by guests.

  • Facilities must only allow the number of persons permitted under the specific booking, letting or rental agreement for the premises or part of the premises to remain there overnight.

  • Facilities must have a health management plan, unless the facility operates solely for permanent residents of the facility. A facility that is required to have a health management plan must operate in compliance with the health management plan.

Note – facilities may also need to comply with the Seasonal Workers Health Management and International Quarantine Plans Direction (No. 2) or its successor

Campgrounds  
Zoos, aquariums and wildlife centres  
Non-residential institutions
Galleries, museums, national and state institutions and historic sites

The condition in paragraph 9(d)(i) does not apply.

An event held at these venues will need to comply with the relevant indoor or outdoor event requirements.

State and local government libraries

The condition in paragraph 9(d)(i) does not apply.

Libraries should allow for physical distancing to the extent possible.

An event held at these venues will need to comply with the relevant indoor or outdoor event requirements.

Community facilities (such as community centres and halls, recreation centres, youth centres, community clubs, RSLs, PCYCs)

The condition in paragraph 9(d)(i) does not apply.

Community facilities should allow for physical distancing to the extent possible.

An event held at these venues will need to comply with the relevant indoor or outdoor event requirements.

Wedding ceremonies

Despite paragraph 7(b), limited to a maximum of 200 people.

Note – the number of people permitted to attend a wedding reception is based on the requirements for the business, activity, undertaking, premises or place where the reception is held. For example – if a wedding reception is hosted by a restaurant, the requirements in paragraph 7, including occupant density and the COVID Safe Framework, would determine how many guests could attend.

Funerals

Despite paragraph 7(b), limited to a maximum of 200 people.

Other religious and civil ceremonies, places of worship (excluding wedding ceremonies and funerals)  
Universities and other higher education institutions such as TAFEs and RTOs
  • Universities and other higher educational institutions such as TAFEs and RTOs must ensure there is no more than one person per 2 square metres in large lecture settings.

  • The requirement to collect contact information does not apply.

Note – smaller education and teaching sessions, such as group seminars, tutorials, practicals and laboratory-based learnings, and vocational training sessions are not subject to the one person per 2 square metres rule. Physical distancing should be observed to the extent possible.

  • Businesses, activities and undertakings such as cafes or sporting-based activities conducted at universities or other educational institutions must comply with the applicable requirements under this Direction.

Professional and elite sport
Professional sporting codes, elite sport, elite athletes Must operate in compliance with an Approved Plan. The contact information and occupant density requirements do not apply.
High risk businesses, activities and undertakings
Adult entertainment venues (strip clubs), brothels, sex on premises venues and sole operator sex workers Must operate in compliance with an Approved Plan.

Schedule 2 Definitions

For the purposes of this Public Health Direction:

Approved Plan is an COVID Safe Industry Plan, a Site Specific COVID Safe Plan, a COVID Safe Professional Sporting Code Plan or a COVID Safe Event Plan approved the Chief Health Officer or a delegate. Approved Plans can be accessed on the Queensland Government website here.

Contact information means information that is:

  1. the name, phone number, email address, and the date and time period of guests, patrons and staff; and

  2. provided to a public health officer within a stated time, if requested by a public health officer; and

  3. securely stored, not used for any other purpose; and

  4. deleted after not less than 30 days and not more than 56 days.

    Note – businesses must take reasonable steps to ensure that the contact information collected is accurate.

COVID Safe Checklist means the applicable COVID Safe Checklist published on a Queensland Government website for the type of business, activity or undertaking.

See https://www.covid19.qld.gov.au/

Note – COVID Safe Checklists continue to apply.

COVID Safe Event Checklist means the applicable checklist forming part of the Industry Framework for COVID Safe Events published on a Queensland Government website.

See https://www.covid19.qld.gov.au/government-actions/covid-safe-events

COVID Safe Event Plan means a COVID Safe Plan developed for events by the event organiser and approved by local public health units or the Chief Health Officer.

COVID Safe Industry 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.

COVID Safe Professional Sporting Code Plan means a COVID Safe Plan for a professional sporting code of national significance.

COVID Safe Site Specific Plan means a site-specific COVID Safe Plan for unique and/or large businesses.

For example – a theme park, zoo, state art gallery, concert venue or casino.

Health management plan means a plan to manage preventing the transmission of COVID-19 amongst employees, seasonal workers and the community that complies with the requirements specified by the Chief Health Officer.

Non-restricted business, activity or undertaking means a business, activity or undertaking that is not listed in Schedule 1 of this Direction.

Major Sports Stadiums include facilities managed by Stadiums Queensland (for example: North Queensland Stadium (Queensland Country Bank Stadium), The Gabba, Suncorp Stadium, Metricon Stadium, Queensland Tennis Centre).

Occupant density means:

  1. no more than one person per 2 square metres for areas open to or used by guests or patrons, whether indoors or outdoors; or

    Example for (a): an area open to or used by guests or patrons of a café or restaurant is the dining area but not the kitchen.

  2. up to 100% of seated venue capacity provided patrons are in ticketed and allocated seating.

Note – businesses in Schedule 1A that do not collect and store contact information electronically must operate in accordance with the occupant density requirements in paragraph 14.

Physical distancing includes remaining at least 1.5 metres away from other persons where possible.

Public health controls are measures to reduce public health risks. These measures may include environmental cleaning, hygiene measures, regular washing of hands, availability of hand sanitiser and avoiding handshaking.

Public health officer includes an emergency officer (general), a contact tracing officer or an authorised person under section 377 of the Public Health Act.

Restricted business, activity or undertaking see paragraph 6.

Retail food service means a retail business which provides food and/or drink, whether pre-prepared or prepared on site. This includes, but is not limited to cafes, restaurants and fast-food outlets.

Ticketed and allocated seating means fixed seating where a patron is:

  1. given a record of their assigned seat number by way of a ticket; and

  2. remains in their assigned seat to the extent possible while they are present at the venue or event.

Last updated: 17 February 2021