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Superseded - Restrictions on Businesses, Activities and Undertakings Direction (No. 7)

This direction has been superseded by the Restrictions on Businesses, Activities and Undertakings Direction (No. 8) on 16 October 2020

Summary

Effective from: 4pm 2 October 2020

Posted: 2 October 2020

Superseded on: 16 October 2020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 31 December 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

  1. This Public Health Direction replaces the Public Health Direction referred to as the Restrictions on Businesses, Activities and Undertakings (No. 6) made on 1 October 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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.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. 7).

Revocation

  1. The Restrictions on Businesses, Activities and Undertakings Direction (No. 6) made on 1 October 2020 is revoked from 4pm on Friday 2 October 2020.

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

Commencement

  1. This Public Health Direction applies from 4pm on Friday 2 October 2020 until the end of the declared public health emergency, unless it is revoked or replaced.

Operating a Restricted Business, Activity or Undertaking

  1. 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:

    1. in accordance with any restrictions listed in column 2 of paragraph 17; and

    2. on the basis that occupant density is:

      Indoors

      1. no more than one person per 2 square metres (up to a total of 50 people) for indoor venues or spaces of 200 square metres or less; or

      2. no more than one person per 4 square metres for indoor venues or spaces of 200 square metres or more; or

      Outdoors

      1. no more than one person per 2 square metres for outdoor venues or spaces; and

        Example – gatherings in outdoor venues and spaces include outdoor dining, beer gardens, theme parks and zoos.

    3. in accordance with the COVID SAFE Framework; and

    4. public health controls.

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

  2. 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

  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 the further easing of restrictions (for example, the requirement at paragraph 6).

    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 – 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 dining and drinking in venues rather than an Approved Plan.

Contact Information

  1. A person who owns, controls or operates a restricted business, activity or undertaking must collect and 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 within a stated time. The information should be securely stored, not used for any other purpose and deleted after 56 days.

Amendments and Conditions for Approved Plans

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

No Approved Plan or COVID Safe Checklist

  1. 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.

  2. 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

  1. 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

  1. 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

  1. 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.

  2. Despite paragraph 15, a restricted business hosting a wedding may allow the couple getting married to dance with each other and/or their parents.

    Example – a couple may perform a ‘first dance’ for their wedding guests, but the guests may not participate in dancing on the dance floor.

Restrictions on Businesses, Activities and Undertakings

  1. 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)
  • No buffet self-service.

  • May also operate for takeaway service and home delivery.

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

  • The condition in paragraph 9 does not apply.

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 paragraph 6(b), 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

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)

  • No buffet self-service.

  • May also operate for takeaway service and home delivery.

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
  • For gaming, may only operate in compliance with an Approved Plan.

  • No buffet self-service.

Major Sports Facilities

Queensland’s Major Sports Facilities may operate in compliance with an Approved Plan for:

  • indoor facilities - the lesser of:

    • up to 25,000 spectators; or

    • 50% of seated venue capacity; or

  • outdoor facilities - up to 75% of seated venue capacity.

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 1,000 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:

  • 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 1,000 people – must comply with a COVID Safe Event Checklist, no further approval needed;

    • Between 1,000 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 1,000 attendees per day may comply with a COVID Safe Event Checklist.

Concert venues, theatres, auditoriums, convention centres, show grounds

May operate in compliance with an Approved Plan for:

  • indoor venues - the greater of:

    • up to 50% of seated venue capacity; or

    • one person per 4 square metres.

  • outdoor venues up to 75% of seated venue capacity.

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
  • Indoor sports must comply with paragraph 6(b) off the field of play. Paragraph 6(b) does not apply on the field of play.

  • Outdoor sports must observe physical distancing off the field of play. Paragraph 6(b) 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 4 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. 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
  • Despite paragraph 6(b), facilities must only allow the number of persons permitted to occupy the premises under a booking, letting or rental agreement to remain at the facility overnight. Facilities must comply with the conditions under paragraph 9.

  • 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.

Short term rentals and short term accommodation (for example, serviced apartments including holiday rentals, holiday accommodation or hosting accommodation provided through online booking platforms) 
  • Despite paragraph 6(b), facilities must only allow the number of persons permitted to occupy the premises under a booking, letting or rental agreement to remain at the facility overnight. Facilities must comply with the conditions under paragraph 9.

  • 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.

Outdoor recreation
Caravan and camping parks  
  • Despite paragraph 6(b), facilities must only allow the number of persons permitted to occupy the premises under a booking, letting or rental agreement to remain at the facility overnight. Facilities must comply with the conditions under paragraph 9.

  • 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.

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)  
Wedding ceremonies Despite paragraph 6(b), limited to a maximum of 100 people.
Funerals

Despite paragraph 6(b), limited to a maximum of 100 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 4 square metres in large lecture settings.

  • The condition in paragraph 9 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 4 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 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
  • Must operate in accordance with paragraph 15.

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:

  1. 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.

  2. 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.

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

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

  4. 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.

  5. 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.

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

  7. 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.

  8. 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).

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

  10. 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.

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

  12. 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.

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

2 October 2020

Published on the Queensland Health website at 9:50 am

Last updated: 16 October 2020