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Revoked - Isolation for Diagnosed Cases of COVID-19 Direction

This Direction was revoked on 31 December 2021, and is no longer in effect.

Summary

Effective from: 2.45pm AEST 21 December 2021

Posted: 21 December 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 26 March 2022 and may be further extended.

Further to this declaration, l, Dr John Gerrard, Chief Health Officer, reasonably believe it is necessary to give the following directions pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Preamble

This public health direction replaces the requirements for a diagnosed person contained in the revoked Designated COVID-19 Hospitals Network Direction (No.5), for the purpose of protecting the health of the community and health workers, and to safeguard the delivery of hospital care in Queensland. The direction mitigates the risk of the spread of COVID-19 by providing a consistent and best practice approach to the management of individuals diagnosed with COVID-19 in Queensland.

This Public Health Direction specifies the requirements that apply to individuals who have received a positive COVID-19 diagnosis.

Separately from the requirements under Public Health Directions, under sections 362G and 362H of the Public Health Act 2005, a person may be given a direction by an emergency officer (public health) to stay at or in a particular place for up to 14 days if the emergency officer believes it is reasonably necessary to assist in containing, or to respond to, the spread of COVID-19 in the community.

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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.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 Isolation for Diagnosed Cases of COVID-19 Direction.

Commencement

  1. This Direction applies from time of publication until the end of the declared public health emergency, unless it is revoked or replaced.

Application

  1. This Direction applies to a diagnosed person in Queensland.

PART 1 – DIRECTION –ISOLATION FOR DIAGNOSED CASES OF COVID-19

  1. The purpose of this Part is to require persons diagnosed with COVID-19 to isolate in order to limit the spread of COVID-19.

  2. Subject to paragraph 6, a diagnosed person must immediately upon being informed of their positive COVID-19 test result, travel by private transport or by transport arranged by government authority directly to isolate for a period of 14 days, or as otherwise directed by an emergency officer (public health) at:

    1. their home, where their home is no more than two hours of safe driving distance from where the diagnosed person is informed of their positive COVID-19 test result; or

    2. place of accommodation, or other suitable premises; or

    3. another nominated premises as otherwise directed by an emergency officer (public health).

  3. Despite paragraph 5, a diagnosed person may travel directly to hospital by private transport or by ambulance to seek emergency treatment.

  4. A diagnosed person must:

    1. Inform their household that they are a confirmed case of COVID-19 and that each household member is considered to be a close contact; and

    2. not leave their home, accommodation or other nominated premises, except:

      1. for the purposes of seeking medical treatment at a hospital in accordance with paragraph 6; or

        Example — a person leaving isolation to go to a hospital by ambulance.

      2. to avoid injury or illness or to escape a risk of harm; or

        Example — escaping a risk of harm related to sexual or domestic and family violence; or accessing support from a domestic and family violence support service.

      3. in the event of an emergency situation; or

      4. as otherwise required or permitted under a direction given to the person by an emergency officer (public health); and

    3. must only travel under paragraph 7(b)(i) or 7(b)(iv) by:

      1. private vehicle; or

      2. ambulance service; or

      3. transport arranged by a government authority; and

    4. must not permit any other person to enter the premises unless that other person:

      1. usually resides at the premises or is residing at the premises for the purpose of isolation; or

      2. enters the premises to provide emergency, medical or other essential care to a person residing in the premises; or

      3. as otherwise required or permitted under a direction given to the person by an emergency officer (public health).

  5. A diagnosed person must wear a surgical mask, and follow any additional infection control measures:

    1. when directed to do so by an emergency officer (public health); and

    2. when leaving isolation as permitted under paragraph 7(b), unless it is not practicable because of the emergency situation or the need to avoid immediate injury or illness or to escape a risk of harm.

    Note: if a diagnosed person is evacuated in an emergency situation, they must advise emergency personnel they are a diagnosed person.

PART 2 – RELEASE FROM ISOLATION

  1. A person subject to paragraph 5 may leave isolation at the earlier of:

    1. if the positive result for the diagnosed person is found to be a historic infection and the person is no longer considered infectious, the requirement to isolate ends; or

    2. 14 days after diagnosis if a further direction to isolate has not been given to the person under section 362H of the Public Health Act 2005; or

    3. if a further direction has been given to the person under section 362H of the Public Health Act 2005, at the time provided in that direction; or

    4. when certified for release, if a registered nurse, or a medical practitioner from a treating Hospital and Health Service (as defined under the Hospital and Health Boards Act 2011 (Qld)) certifies that the person has met the ‘release from isolation’ criteria, including where applicable, the criteria for healthcare workers and workers in aged care facilities, as outlined in the ‘Coronavirus Disease 2019 (COVID-19) CDNA National Guidelines for Public Health Units’, as amended from time to time, available at https://www1.health.gov.au/internet/main/publishing.nsf/Content/cdna-song-novel-coronavirus.htm; or

    5. when authorised for release, if a medical practitioner working within a COVID-19 healthcare framework approved by Queensland Health determines the person meets the requirements for release from isolation and authorises their release.

  2. Certification under paragraph 9(d) and authorisation under paragraph 9(e) must be in writing but is not required to be in a particular form.

PART 3 – CONTACT TRACING

  1. If requested by a public health officer, a person must:

    1. provide the address of the premises they are isolating at; and

    2. a contact telephone number, email address and their date of birth; and

    3. if a parent, guardian or responsible adult of a minor who has been deemed to be a diagnosed person, provide the minor’s name and date of birth; and

    4. provide contact details, including at least a name and telephone number, of any other persons who are residing in, or have recently resided in, the premises; and

    5. any other information or documents required by a  public health officer.

PART 4 – EXEMPTIONS

  1. The Chief Health Officer, Deputy Chief Health Officer or their delegate may, having regard to the need to limit the spread of COVID-19, grant an exemption from all or part of this direction to an individual or class of individuals if other extreme exceptional circumstances exist.

  2. An exemption may be given on conditions and if so, the person given the exemption must comply with the conditions.

PART 5 – 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 John Gerrard
Chief Health Officer

21 December 2021

Published on the Queensland Health website at 2.45pm

Schedule 1 - Definitions

For the purposes of this Public Health Direction:

COVID-19 test means tested for COVID-19 with an oropharyngeal and deep nasal swab for polymerase chain reaction (PCR) testing, and does not include a self-test.

Diagnosed person means an individual who has received a positive COVID-19 test result, or who has been otherwise informed that they have been diagnosed as having COVID-19, but does not include a person who is a cleared case of COVID-19.

Emergency officer (public health) means an emergency officer appointed under the Public Health Act 2005

Note: emergency officers appointed under the Public Health Act are public health officers and police.

Endorsed transport provider means the person, business or entity that owns, controls or operates a transport service endorsed by a Queensland government department or agency and with a Transport Plan in the form approved by the Chief Health Officer.

Note: Information about endorsed transport operators and Transport Plans is available here: https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/current-status/public-health-directions/covid-19-testing-for-quarantine-facility-workers/endorsed-transport-providers.

Essential medical supplies include medicines prescribed by a doctor or dispensed by a pharmacist that are necessary to maintain treatment of the person’s pre-existing medical conditions, or to treat an urgent medical condition where the absence of prompt treatment would likely produce an adverse health outcome for the person.

Home means the place where the diagnosed person ordinarily resides.

Hospital means:

  1. a hospital, as defined in schedule 2 to the Hospital and Health Boards Act 2011; or

  2. a private health facility, as defined in section 8 of the Private Health Facilities Act 1999; or

  3. a multi-purpose service, as defined in section 104 of the Subsidy Principles 2014 made under section 96-1 of the Aged Care Act 1997 (Cth).

Hospital and Health Service means a hospital and health service as defined in Schedule 2 of the Hospital and Health Boards Act 2011.

Informed means given oral or written notice, irrespective of whether that oral or written notice is correct.

Example: a public health officer, a pathology lab, or another company contracted to contact cases may inform a person of their positive COVID-19 PCR test result by SMS, email or telephone call.

Isolate means to follow the requirements set out in paragraphs 5 to 8.

Nominated premises means:

  1. other premises, including government nominated accommodation as directed by an emergency officer (public health)

Place of accommodation means any accommodation, including temporary accommodation where the person is residing or staying, including for a holiday, when they become a diagnosed person.

Premises has the same meaning as in Schedule 2 of the Public Health Act 2005 but excludes vehicles, and for premises that are a hospital, means the person’s allocated room or ward within the hospital.

Private transport means:

  1. a private vehicle operated by the diagnosed person or by a person who is a close contact; or

    Example: a diagnosed person may drive themselves in their own car or be transported in a car driven by a close contact.

  2. if practical, by foot or via privately-owned bicycle, scooter or other personal mobility device, if the person is within 5 km from the premises and wears a face mask.

    Note: devices may be motorised or non-motorised, but must be privately owned i.e., travel is not permitted on any personal mobility devices hired through a shared-fleet scheme such as e-scooter or e-bike sharing schemes, council bike docking schemes etc.

Public health officer means an emergency officer or a contact tracing officer.

Surgical mask means a single use surgical mask with a minimum level 1 barrier protection level under the Australian Standard (AS 4381:2015) that covers the nose and mouth.

Last updated: 31 December 2021