Superseded - Restrictions on Businesses, Activities and Undertakings Direction (No. 3)
This direction has been superseded by the Restrictions on Businesses, Activities and Undertakings Direction (No. 29) on 10 July 2020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 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
This Public Health Direction replaces the Public Health Direction referred to as the Restrictions on Businesses, Activities and Undertakings (No. 2) made on 16 June 2020, and is the successor of that Direction.
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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.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
This Public Health Direction may be referred to as the Restrictions on Businesses, Activities and Undertakings Direction (No. 3).
Revocation
The Restrictions on Businesses, Activities and Undertakings Direction (No. 2) made on 16 June 2020 is revoked from 12pm (midday) on 3 July 2020.
PART 1 — DIRECTION – RESTRICTIONS ON BUSINESSES, ACTIVITIES AND UNDERTAKINGS
Commencement
This Public Health Direction applies from 12pm (midday) on 3 July 2020 until the end of the declared public health emergency, unless it is revoked or replaced.
Operating a Restricted Business, Activity or Undertaking
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 any restrictions listed in column 2 of paragraph 16; and
on the basis that occupant density is:
no more than one person per 2 square metres (up to a total of 50 people) for venues or spaces of 200 square metres or less; or
no more than one person per 4 square metres for venues or spaces of 200 square metres or more; and
in accordance with the COVID SAFE Framework; and
public health controls.
Note – people should observe physical distancing to the extent possible.
If a business, activity or undertaking is required to maintain a 2 or 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).
COVID Safe Framework
The COVID Safe Framework is:
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 the Stage 3 easing of restrictions (for example, the requirement at paragraph 6).
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
where the business elects not to operate under an Approved Plan – an applicable COVID Safe Checklist, for a maximum of 50 people.
Example – a small café may prefer to operate under the COVID Safe Checklist for seated dining and drinking in venues rather than an Approved Plan.
Contact Information
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 for a period of 56 days, unless otherwise specified. This information must include: name, phone number, email address, and the date and time period of patronage. 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.
Amendments and Conditions for Approved Plans
The Chief Health Officer or delegate may amend or impose conditions on an Approved Plan.
No Approved Plan or COVID Safe Checklist
Despite paragraphs 6 and 7, a person who owns, controls or operates a restricted business, activity or undertaking that does not have an Approved Plan or an applicable COVID Safe Checklist may only operate the business, activity or undertaking for a maximum of 50 people, with no more than one person per 4 square metres and physical distancing observed.
A person who owns, controls or operates a restricted business, activity or undertaking that does not have an Approved Plan or an applicable COVID Safe Checklist must comply with the conditions under paragraphs 9, 14 and 15.
Non-Restricted Businesses, Activities and Undertakings
A business, activity or undertaking that is not listed in this Direction may operate as normal, with physical distancing observed and subject to any other applicable Public Health Directions.
Takeaway Food or Home Delivery
A person who owns, controls or operates a restricted business, activity or undertaking that provides takeaway food or home delivery is not required to collect contact information in accordance with paragraph 9 from takeaway or home delivery patrons.
Note – a business such as a café or fast food outlet must collect contact information in accordance with paragraph 9 from dine in patrons.
Dance Floors
A person who owns, controls or operates a restricted business, activity or undertaking that includes a dance floor, other than a dance studio or dance class, must not operate that dance floor for dancing.
Example – a nightclub must not operate a dance floor for dancing but may use the space for dining or drinking.
Restrictions on Businesses, Activities and Undertakings
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:
| Column 1 Business, activity, undertaking, premises or place | Column 2 Restrictions and Allowances |
|---|---|
| Food and drink | |
| Retail food services (including cafes, restaurants, fast-food outlets) |
|
| Food courts |
|
| Retail | |
| Auction houses | |
| Real estate auctions and open house inspections | |
| Beauty and personal care services | |
| Hairdressing | |
| |
| May operate to provide the services listed in Column 1, in compliance with:
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 | |
Pubs, licensed clubs, RSL clubs, function centres, bars, wineries, distilleries and microbreweries, and licensed premises in hotels Community facilities (such as community centres and halls, recreation centres, youth centres, community clubs, PCYCs) |
|
| Cinemas | For drive in cinemas people should remain in their vehicles to the extent possible. |
| Casinos, gaming or gambling venues including wagering outlets that are open to, and accessible by, members of the public |
|
| Major Sports Facilities | Queensland’s Major Sports Facilities may operate in compliance with an Approved Plan for the lesser of:
|
Indoor and outdoor events (Example – marathons, cultural festivals, fetes, expos) | Must operate in accordance with the following conditions, depending on the number of people:
|
| Concert venues, theatres, auditoriums, convention centres, show grounds | May operate in compliance with an Approved Plan for the greater of:
|
| Theme parks, outdoor amusement parks, tourism experiences and arcades | |
| Indoor play centres | |
| Leisure and recreation | |
| Boot camps, personal training | |
| Gyms, health clubs, fitness centres, yoga, barre, spin facilities and dance studios | Paragraph 15 does not apply to dance studios and dance classes. |
| Indoor sporting centres and venues | Must comply with paragraph 6(b) off the field of play. Paragraph 6(b) does not apply on the field of play. Example – spectators and coaches at an indoor netball game must comply with the 4 square metre rule but players on the netball court are not required to. |
| Social sporting-based activities, community sports clubs |
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 4 square metre rule on the field. |
Swimming pools
| Must observe physical distancing out of the pool. Paragraph 6(b) 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 4 square metre rule in the pool. |
| Residential facilities | |
| Hostels, bed and breakfasts, backpackers, boarding houses |
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. |
| Short term rentals and short term accommodation (for example, serviced apartments including holiday rentals, holiday accommodation or hosting accommodation provided through online booking platforms) | Facilities that offer shared bathroom or shared kitchen facilities to persons staying at the facility must have a health management plan and must operate in compliance with the health management plan. Facilities not required to have a health management plan must comply with the additional conditions under paragraphs 6(b) (in communal areas) and 9. |
| Outdoor recreation | |
| Caravan and camping parks | 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. Facilities not required to have a health management plan must comply with the additional conditions under paragraphs 6(b) (in communal areas) and 9. |
| Campgrounds | |
| Zoos, aquariums and wildlife centres | |
| Non-residential institutions | |
| Galleries, museums, national and state institutions and historic sites | Limited to one person per 4 square metres regardless of the size of the venue. The condition in paragraph 6(b)(i) does not apply. Example – a gallery with 150 square metres must comply with the one person per 4 square metre rule. |
| State and local government libraries | Limited to one person per 4 square metres regardless of the size of the venue. The condition in paragraph 6(b)(i) does not apply. Example – a library with 150 square metres must comply with the one person per 4 square metre rule. |
| Community facilities (such as community centres and halls, recreation centres, youth centres, community clubs, RSLs, PCYCs) | |
| Religious and civil ceremonies, places of worship | |
| Wedding ceremonies | Limited to a maximum of 100 people. |
| Funerals | Limited to a maximum of 100 people. |
| Universities and other higher education institutions such as TAFEs and RTOs |
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 4 square metres rule. Physical distancing should be observed to the extent possible.
|
| Professional and elite sport | |
| Professional sporting codes, elite sport, elite athletes | May operate in compliance with an Approved Plan. The conditions in paragraphs 6(b) and 9 do not apply. |
| High risk businesses, activities and undertakings | |
| Nightclubs |
|
| Adult entertainment venues (strip clubs) brothels, sex on premises venues and sole operator sex workers | May only operate in compliance with an Approved Plan. |
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.
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 COVID Safe Checklist published on a Queensland Government website for the type of event being held.
Note – see https://www.covid19.qld.gov.au
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.
Major Sports Facilities include facilities managed by Stadiums Queensland (for example: North Queensland Stadium (Queensland Country Bank Stadium), The Gabba, Suncorp Stadium, Metricon Stadium, Queensland Tennis Centre).
COVID Safe Professional Sporting Code Plan means a COVID Safe Plan for a professional sporting code of national significance.
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.
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.
COVID Safe Site Specific Plan means a site-specific COVID Safe Plan for unique and/or large businesses.
For example – a theme park, zoo, concert venue or casino.
Physical distancing includes remaining at least 1.5 metres away from other persons where possible.
PART 2 - PENALTIES
A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.
Section 362D of the Public Health Act 2005 provides:
Failure to comply with public health directions
- A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
- Maximum penalty—100 penalty units.
Dr Jeannette Young
Chief Health Officer
1 July 2020
Published on the Queensland Health website at 8.45am