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Superseded - Disability Accommodation Services Direction (No.19)

This direction has been superseded on 7 July 2021. See the current Disability Accommodation Services Direction (No.23).

Summary

Effective from: 1am AEST 25 June 2021

Posted: 25 June 2021

Superseded on: 7 July 2021

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Disability Accommodation Services Direction (No. 19)

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 29 June 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 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.

Guidance

For the purpose of this Direction, operators of shared disability accommodation services should ensure physical distancing and risk mitigation measures are in place at a service to the extent practicable, including:

  1. providing appropriate signage that clearly states physical distancing and appropriate hygiene requirements must be followed in a service;

  2. ensuring cleaning and sanitising of all surfaces, doors and high traffic areas in shared disability accommodation services;

  3. structuring staff rosters in a way which minimises staff movements between multiple care facilities wherever possible;

  4. where staff movements can’t be avoided, require staff to use personal protective equipment (PPE) in accordance with current health advice;

  5. providing additional hand sanitising stations for residents, employees, contractors and visitors to encourage use;

  6. putting in place procedures to closely monitor the health of all employees, with at least daily reporting or check-ins by supervisors;

  7. ensuring tables and seating in common areas of shared disability accommodation services should be managed to provide appropriate physical distancing;

  8. ensure staff are trained and procedures in place to keep family and support people informed where a resident becomes unwell or there is a case identified in the service;

  9. encouraging any person entering the service to have an up-to-date vaccination against influenza, if the vaccination is available to the person;

  10. encouraging residents to continue essential community access but exercise appropriate caution when accessing the community, particularly in restricted areas.
    Example - considering if there are other ways to achieve access to services, maintain physical distancing or wearing a mask where physical distancing is not able to be observed.

Citation

  1. This Public Health Direction may be referred to as the Disability Accommodation Services Direction (No. 19).

Revocation

  1. The Disability Accommodation Services Direction (No. 18) given on 26 May 2021 is revoked from 1.00am on 25 June 2021.

Commencement

  1. This direction applies from 1.00am on 25 June 2021 until the end of the declared public health emergency, unless it is revoked or replaced.

PART 1 – REQUIREMENTS FOR ALL SHARED DISABILITY ACCOMMODATION SERVICES

  1. This part applies to all shared disability accommodation services in the State of Queensland.

  2. A person must not enter or remain on the premises of a shared disability accommodation service in the State of Queensland from the time of publication until the end of the declared public health emergency if:

    1. during the 14 days immediately preceding the entry, the person who is an international arrival arrived in Australia from a place outside Australia; or

    2. during the 14 days immediately preceding the entry, or since the start date identified for the COVID-19 hotspot, whichever is shorter, the person has been in a place which at the time of entry to the service is a COVID-19 hotspot; or

    3. the person has been to an interstate exposure venue, unless 14 days have passed since the person was at the interstate exposure venue;

      Note: a person who has been to an interstate exposure venue must quarantine as required by the Interstate Exposure Venues Direction (No. 2) or successor.

    4. during the 14 days immediately preceding the entry, or since the start date identified for the interstate area of concern (vulnerable facilities), whichever period is shorter, the person has been in a place which at the time of entry is an interstate area of concern (vulnerable facilities) (insert link: XX); or

    5. the person has been informed they are a close contact of a diagnosed person, unless their quarantine period has ended; or

      Note: Close contact with a person who has a been diagnosed with COVID-19 under paragraph 5(e) does not include contact that occurs when a worker or healthcare worker or practitioner providing health or medical care has been wearing appropriate PPE in accordance with Queensland Health’s Residential Aged Care Facility and Disability Accommodation PPE Guidance and has followed recommended infection control precautions.

    6. the person has a temperature equal to or higher than 37.5 degrees or symptoms consistent with COVID-19; or

    7. the person has been tested for COVID-19 and has not yet received the results of that test.

    Note: See the exception in paragraph 6 for a person waiting for a result from a routine surveillance testing obligation.

Exception for a person waiting for a COVID-19 test result

  1. Despite paragraph 5(g), a person may enter a shared disability accommodation service if the person is awaiting the result of a COVID-19 test taken in accordance with a surveillance testing obligation under a Public Health Direction or Protocol approved by the Chief Health Officer.

    Note: A person awaiting COVID-19 tests results as part of a surveillance testing obligation must still comply with the requirements in paragraphs 5(a) to (f). For example, a person awaiting results of a routine COVID-19 test required under a protocol must not enter, or remain on, the premises of a shared disability accommodation service if they have symptoms consistent with COVID-19.

Exception for people entering from interstate area of concern

  1. Despite paragraph 5(d), the following persons may enter and remain on the premises of a shared disability accommodation service, if the person obtains a negative COVID-19 test result in Queensland after returning from an interstate area of concern (vulnerable facilities):

    1. an employee, contractor or student of the shared disability accommodation service; or

    2. a person providing goods or services that are necessary for the effective operation of the shared disability accommodation service, whether the goods are provided for consideration or on a voluntary basis; or

    3. a person providing health, medical, personal care (such as hairdressing), pathology or pharmaceutical services to a resident of the shared disability accommodation service, whether the goods or services are provided for consideration or on a voluntary basis;

    4. the person’s presence is required for emergency management, law enforcement or the exercise of a power or function of a government agency or entity under a law; or

    5. the person is a prospective resident of the shared disability accommodation service or a support person of a prospective resident; or

    6. with the permission of the operator of the shared disability accommodation service, a person maintaining continuity of care for a resident that cannot be delivered by electronic or non-contact means; or

      Example for paragraph (f): A resident may require support from their primary care giver to eat their meals.

    7. the person's presence at the premises is for the purposes of end of life visit for a resident of the shared disability accommodation service.

  2. Despite paragraph 7, a person subject to a quarantine order issued by an emergency officer (public health) is not permitted to enter or remain on, the premises of a shared disability accommodation service in the State of Queensland.

    Example – a person who has been in a public exposure site as listed by the Victorian Government

  1. If paragraph 7 applies to a person proposing to enter a shared disability accommodation service, the operator of the service may require the person to provide evidence of a negative COVID-19 test result obtained by the person in Queensland, after returning from interstate area of concern (vulnerable facilities).

Obligation on operators

  1. The operator of a shared disability accommodation service in the State of Queensland must take all reasonable steps to ensure that a person does not enter or remain on the premises of a shared disability accommodation service if the person is prohibited from doing so under this Direction.

  2. The operator of a shared disability accommodation service in the State of Queensland must take all reasonable steps to ensure that a resident of a shared disability accommodation service who has been given a quarantine notice by an emergency officer (public health) abides by the notice.

  3. Despite paragraphs 5 and 10, the operator of a shared disability accommodation service may allow a person to enter and remain on the premises in accordance with paragraph 13.

  4. Nothing in this Direction is to be taken to prevent a resident of a shared disability accommodation service from entering or remaining upon the premises of the shared disability accommodation service. Residents may continue to access any areas of the shared disability accommodation service to which they normally have access, subject to a direction to self-quarantine or self-isolate in accordance with a public health direction.

  5. Nothing in this Direction should be taken as limiting the right of people living in shared disability accommodation services from leaving the service. Subject to any general public health direction limiting movement and gatherings by members of the public, operators should ensure essential community access can continue, with appropriate physical distancing and good hygiene practices observed.

End of life visitors (international arrivals, COVID-19 hotspots and interstate exposure venues)

  1. Despite paragraphs 5(a), 5(b) and 5(c) a person may enter, or remain on, the premises of a shared disability accommodation service, with the permission of the operator of the service, if:

    1. the person's presence at the premises is for the purpose of an end of life visit for a resident of the shared disability accommodation service; and

    2. the person has been granted an exemption by the Chief Health Officer, Deputy Chief Health Officer or delegate for an end of life visit under a Public Health Direction.

    Note: see paragraph 7 for when a person may also be permitted to make an end of life visit. For clarity, end of life visitors under paragraph 7 do not require an exemption.

  2. A person who enters premises under an exemption granted under paragraph 15(b) must comply with all conditions imposed by the Chief Health Officer, Deputy Chief Health Officer or delegate under the exemption.

  3. If a person enters premises under paragraph 15, the operator of the premises must take reasonable steps to manage the person’s visit in accordance with the conditions imposed by the Chief Health Officer, Deputy Chief Health Officer or delegate under the exemption.

    Example: An operator may need to ensure the resident being visited is in a single room, the visitor wears appropriate personal protective equipment, is escorted to and from the room, and avoids common areas and contact with other residents, visitors and staff.

PART 2 – MANAGING ACCESS TO NON-RESTRICTED SHARED DISABILITY ACCOMMODATION SERVICES

  1. Any person may enter a non-restricted shared disability accommodation service under this Part and in accordance with paragraph 5 above.

    Example – A medical practitioner, hairdresser or attorney.

PART 3 – REQUIREMENTS FOR RESTRICTED SHARED DISABILITY ACCOMMODATION SERVICES

  1. The purpose of this Part is to provide requirements for restricted shared disability accommodation services.

Person Permitted to Enter A Restricted Shared Disability Accommodation Service

  1. A person must not enter, or remain on, the premises of a restricted shared disability accommodation service in the State of Queensland from the time of publication of this direction until the end of the declared public health emergency unless:

    1. the person is an employee, contractor or student at the restricted shared disability accommodation service; or

    2. the person's presence at the premises is for the purposes of providing goods or services that are necessary for the effective operation of the restricted shared disability accommodation service, whether the goods or services are provided for consideration or on a voluntary basis; or

    3. the person's presence at the premises is for the purposes of providing health, medical, therapeutic, social work, essential disability support or pharmaceutical services to a resident of the restricted shared disability accommodation service, whether the goods or services are provided for consideration or on a voluntary basis; or

    4. the person's presence at the premises is for the purposes of end of life visit for a resident of the restricted shared disability accommodation service; or

      Note – Paragraphs 15 to 17 require particular persons to obtain an exemption before attending a disability accommodation service for an end of life visit.

    5. the person's presence at the premises is required for the purposes of emergency management, law enforcement or the exercise of a power or function of a government agency or entity under a law; or

      Example – A community visitor exercising a function under the Public Guardian Act 2014

    6. the person’s presence at the premises is necessary to comply with or give effect to orders of any court or tribunal of Australia; or

    7. the person's presence at the premises is in the person's capacity as a prospective resident of the restricted shared disability accommodation service; or

    8. an operator of a restricted shared disability accommodation service or person with responsibility or authority to control access to the service has granted permission for a person to enter a restricted shared disability accommodation service for the purposes of providing behavioural, emotional or social support to a resident or prospective resident that cannot be delivered by electronic or non-contact means, including advocacy services.

      Example: A person may require support from an advocate or person who has provided long-term informal support to assist the person with disability and which could include behavioural support.

Visitors

  1. A person may not visit a resident in a restricted shared disability accommodation service other than in accordance with paragraphs 20(d) or (h) above.

    Note – personal visits are not permitted in a restricted disability accommodation service.

  2. Any person attending a restricted shared disability accommodation service must, to the extent reasonably practicable:

    1. practise physical distancing; and

    2. limit their contact with other persons at the facility.

Wearing of Face Masks

  1. Any person (other than a resident) must not enter, or remain on, the premises of a restricted shared disability accommodation service without wearing a single use surgical face mask, in accordance with Queensland Health’s Residential Aged Care Facility and Disability Accommodation PPE Guidance. This includes employees, contractors, students and volunteers.

  2. A person who is required to wear a mask under paragraph 23 may use a face shield instead of a single use surgical mask in order to:

    1. communicate with a resident where visibility of the mouth is essential for communication, or

    2. provide services to a resident with disability if it is reasonably anticipated there is a risk of the person with disability becoming distressed because the person is wearing a mask.

      Note: Refer to Queensland Health’s Residential Aged Care Facility and Disability Accommodation PPE Guidance for guidance about face shields.

  3. Despite paragraphs 23 and 24, a person may remove their single use surgical face mask or face shield if wearing one is not safe in all the circumstances.

    Example – a person may temporarily remove their face mask if wearing one will cause severe distress to a resident.

  4. A person who removes their single use surgical face mask or face shield under paragraph 25 must resume wearing the single use surgical face mask or face shield as soon as practicable after the circumstance ends.

    Example – a person must resume wearing a face mask as soon as they leave the distressed resident’s room.

Workforce Management and Personal Protective Equipment

  1. The operator of a restricted shared disability accommodation service must ensure, to the extent reasonably practicable, that employees, contractors, students and volunteers do not work across multiple care facilities.

    Note – Care facilities include but are not limited to hospitals, retirement villages and residential aged care facilities.

  2. The operator of a restricted shared disability accommodation service must ensure that employees, contractors and volunteers who do work across multiple care facilities:

    1. wear appropriate personal protective equipment, in accordance with Queensland Health’s Residential Aged Care Facility and Disability Accommodation PPE Guidance, when working at a restricted disability accommodation service; and

    2. use new personal protective equipment when entering a different restricted disability accommodation service.

      Note: This paragraph is in addition to the requirement to wear masks as outlined in paragraph 23.

  3. The operator of restricted shared disability accommodation services must take all reasonable steps to ensure:

    1. the appropriate use of personal protective equipment in paragraphs 23 and 28 by persons at a restricted disability accommodation service; and

    2. adequate supply and stock management of personal protective equipment.

PART 4 – ELECTRONIC COLLECTION OF CONTACT INFORMATION

  1. The operator of a shared disability accommodation service must make all reasonable efforts to electronically collect contact information about all visitors, including volunteers and contractors, to a shared disability accommodation service at the time of entry, by either:

    1. requesting visitors use the Check In Qld app; or

    2. registering visitors through the Business Profile mode of the Check In Qld app.

    Example – a person may be unable to use the Check In Qld app due to age, disability, language barriers or does not possess the technology or own a mobile phone. The shared disability accommodation service must register the visitor through the Business Profile mode.

    Note – contact information must be collected for visitors to non-restricted shared disability accommodation service and visitors permitted to visit restricted shared disability accommodation service under paragraph 21 of the Direction.

  2. Despite paragraph 30, an operator of a shared disability accommodation service is not required to request a person’s contact information under paragraph 30 if:

    1. the person is entering a shared disability accommodation service in an emergency or entering to provide emergency services; or

    2. the person is or appears to be younger than 16 years old and is not accompanied by a responsible parent or adult; or

    3. it is not reasonable to request contact information based on compassionate grounds or a risk to a person’s safety.

  3. An operator of a shared disability accommodation service must make all reasonable efforts to clearly display the Check In Qld app QR code at each entry to the shared disability accommodation service that is used by visitors, volunteers or contractors.

  4. A person who is permitted to enter a shared disability accommodation service under this Direction as a visitor, including volunteers and contractors, must at the time of entry provide the person’s contact information to the operator of a shared disability accommodation service by:

    1. using the Check In Qld App; or

    2. providing their contact details to the operator of a shared disability accommodation service to be registered using the Business Profile mode of the Check In Qld app; or

    3. if another method of collection is being used under paragraph 36, using that method.

  5. If a person is unable to provide contact information because of age, disability or an inability to speak or comprehend the language used by the Check In Qld App or the other method of collection, another person may provide contact information on the person’s behalf.

  6. Despite paragraph 33, a person who is permitted to enter a shared disability accommodation service under this Direction as a visitor, including volunteers and contractors, is not required to provide the person’s contact information to the operator of a residential aged care facility if:

    1. the person is entering a shared disability accommodation service in an emergency or entering to provide emergency services; or

    2. the person is under the age of 16 years old and is not accompanied by a responsible parent or adult; or

    3. it is not reasonable for a person to provide contact information based on compassionate grounds or a risk to a person’s safety.

    Example – a support person arriving at the service to respond to an emergency situation relating to a resident is not required to provide their contact information on entry to the service.

    Collection of contact information using another method due to temporary circumstances

  7. If an operator of a shared disability accommodation service cannot electronically collect contact information for visitors to the service at the time of entry because it is not possible to use the Check In Qld app due to unexpected circumstances or because the business is located in a place that does not have mobile internet data connection, the person must collect and keep contact information using another method.

    Example – another electronic method such as a spreadsheet or another method such as a paper-based form

    Note - unexpected circumstances may include temporary issues with failure of an internet service or breakdown in the Check In Qld app.

  1. If contact information is collected using ‘another method’ under paragraph 36, the operator of a shared disability accommodation service must:

    1. use best endeavours to transfer any non-electronic information to an electronic system within 24 hours of collecting the information; and

    2. comply with the requirements for collection and storage; and

    3. if requested, provide the information collected under paragraph 36 and the electronic information under paragraph 37(a) to a public health officer within a stated time.

PART 4 — OTHER MATTERS

  1. The Chief Health Officer may grant a person an exemption from all or part of these directions on the basis of exceptional circumstances.

  2. An emergency officer (public health) can require the operator of a shared disability accommodation service to comply with additional directions 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 6 – TRANSITIONAL PERIOD FOR CHECK IN QLD APP

  1. The requirements in this Direction for an operator of a shared disability accommodation service or a visitor, volunteer or contractor visiting a shared disability accommodation service to comply with the provision and collection of contact information requirements in Part 4 are not mandatory until 1:00 am on Friday 9 July 2021.

  2. Until 1.00am on Friday 9 July 2021, an operator of a shared disability accommodation service who is not using the Check In Qld App must continue to collect contact information for visitors, volunteers and contractors via the method in place immediately before the commencement of this Direction.

PART 7 – 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 Jeanette Young
Chief Health Officer

25 June 2021

Published on the Queensland Health website at 1:00 am

SCHEDULE 1 - Definitions

For the purposes of this Public Health Direction:

Australia means the Commonwealth of Australia and includes the external territories of Norfolk Island, Christmas Island, Cocos (Keeling) Islands, Coral Sea Islands and Heard and McDonald Islands but excludes the Australian Antarctic Territory.

Business Profile mode means the ability for businesses to electronically register by entering customer contact details via ‘Check in Qld Business Profile mode’ listed in the profile section of the app.

Check In Qld app means the app developed by the Queensland Government for contact tracing purposes which, when used by a person, provides the Queensland Government with the person’s contact information and details of the person’s attendance at a shared disability accommodation service.

Note – Each person should check in individually using the Check In Qld app or have a person in their group or the service check in on their behalf.

Close contact has the same meaning as in the Management of Close Contacts Direction (No. 2) or its successor.

Contact information means, at a minimum, the name, phone number, email address, and the date and time of attendance of visitors, volunteers and contractors.

COVID-19 hotspot means particular areas of Australia decided by the Chief Health Officer and published on the Queensland Health website [INSERT LINK].

Diagnosed person has the same meaning as in the Management of Close Contacts Direction (No. 2) or its successor.

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.

End of life visit means a visit by a person for the purposes of end-of-life support for a resident.

Essential community access means leaving the facility for essential activities, including to receive or access health care, disability services, attend employment, obtain food or other essential goods or services or access outdoor physical or recreational activity related to a person’s physical or mental wellbeing, including to assist with providing behavioral support.

Essential disability support means essential care and support provided to a person with disability, including but not limited to: bladder and bowel management, medication management, behavior management, respiratory management, Percutaneous Endoscopic Gastromy (PEG) Changes, pressure relief/turning and wound care, assistance with feeding and hydration, and assistance with basic personal hygiene.

International arrival means a person who arrives in Queensland on a flight that is not a quarantine-free flight or who, in the 14 days immediately before their arrival to Queensland-

  1. has been in a place outside Australia, other than a safe travel zone country; or

  2. arrived in Australia by sea; or

  3. arrived in Australia by air on a flight that is not a quarantine-free flight, regardless of whether the flight originated from a safe travel zone country; or

  4. has been in a place declared a safe travel zone country hotspot.

Interstate area of concern means a particular area of Australia decided by the Chief Health Officer and published on the Queensland Government website [include link] for the purpose of restricting visitors to vulnerable facilities including residential aged care, shared disability accommodation services and hospitals.

Interstate exposure venue has the same meaning as in the Interstate Exposure Venues Direction (No. 2) or its successor.

Non-restricted shared disability accommodation service means a shared disability accommodation service in the State of Queensland, other than a restricted shared disability accommodation service.

Operator of a disability accommodation service means a person who owns, controls or operates the disability accommodation service.

Personal Protective Equipment (PPE) means the relevant personal protective equipment referred to in Queensland Health’s Residential Aged Care Facility and Disability Accommodation PPE Guidance.

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

Public health officer includes an emergency officer (general), a contact tracing officer or an authorised person under section 377 of the Public Health Act 2005.

Quarantine-free flight means a flight that only carries passengers who have declared that in the 14 days prior to the flight’s departure they have only been in a safe travel zone country and have not been in a safe travel zone country hotspot.

Note: Information about quarantine free flights is available from the Australian Department of Home Affairs: https://covid19.homeaffairs.gov.au/new-zealand-safe-travel-zone.

Residential Aged Care Facility and Disability Accommodation PPE Guidance means the Queensland Health document Pandemic Response Guidance: Personal protective equipment in Residential Aged Care and Disability accommodation services, or its successor.

Resident of a shared disability accommodation service means a person who is ordinarily or temporarily resident at the facility.

Restricted area means a particular area of Queensland decided by the Chief Health Officer and published on the Queensland Health website.

Restricted shared disability accommodation service means a shared disability accommodation service located in a restricted area.

Safe travel zone country has the same meaning as in the Quarantine for International Arrivals Direction (No. 9), or its successor.

Safe travel zone country hotspot has the same meaning as in the Quarantine for International Arrivals Direction (No. 9), or its successor.

Shared disability accommodation service means a service, including the forensic disability service under the Forensic Disability Act 2011, where:

  1. four or more people with disability reside with people who are not members of their family; and

  2. the residents share enclosed common living areas within the facility whether inside or outside, and

  3. the residents are provided with disability supports within the facility.

Student means a student under the supervision of an employee or contractor of the restricted shared disability accommodation service.

Surveillance testing obligation means a requirement under a Public Health Direction or Protocol approved by the Chief Health Officer for a person to be routinely tested for COVID-19, who does not have symptoms consistent with COVID-19 and is not required to self-isolate while awaiting a test result unless there is another lawful reason for them to isolate.

Symptoms consistent with COVID-19 means fever or history of fever, symptoms of acute respiratory infection (cough, shortness of breath, sore throat), loss of smell, loss of taste, runny nose, diarrhoea, nausea, vomiting or fatigue.

Last updated: 7 July 2021