Superseded - Movement and Gathering Direction
Effective from: 12pm on 1 June 2020
Posted: 31 May 2020
Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency
Public Health Act 2005 (Qld)
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.
- This Public Health Direction replaces the Public Health Direction referred to as the Home Confinement, Movement and Gathering Direction (No. 6) given on 19 May 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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.
- This Public Health Direction may be referred to as the Movement and Gathering Direction.
- The Home Confinement, Movement and Gathering Public Health Direction (No. 6) given on 19 May 2020 is revoked effective from 12pm (midday) on 1 June 2020.
PART 1 — DIRECTION – MOVEMENT AND GATHERING
- This direction applies from 12pm (midday) on 1 June 2020 until the end of the declared public health emergency, unless it is revoked or replaced.
Outdoor gatherings of up to 20 persons
- A maximum of 20 people can gather publicly regardless of whether people are members of the same household or not.
Receiving visitors at a residence
- Subject to paragraphs 8 to 9, a person who is an owner, resident, tenant, occupier, temporary occupier or person in control of a residence may allow up to 20 people including the members of the person’s household to gather at a residence.
- Paragraph 7 does not prevent workers or volunteers entering a place of residence and they are not counted for the purpose of paragraph 7.
- Paragraph 7 does not apply to a residential aged care facility, corrective services facility or detention centre.
- An owner, resident, tenant, occupier, temporary occupier or person in control of a premises, including a residence, must take reasonable steps to encourage visitors to the premises to practise social distancing to the extent reasonably practicable.
Note – The Aged Care Direction (No. 4) given on 21 May 2020 and the Corrective Services Facility Direction (No. 2) given on 19 May 2020 restrict visitors to those facilities. Other Public Health Directions may be made applying to other types of facilities.
Gatherings of up to 20 persons in non-residences
- A person who owns, controls or operates premises, other than a residence, must not organise or allow a gathering to occur on the premises.
- The Queensland Chief Health Officer may grant an exemption to part or all of this Direction on compassionate grounds or for other exceptional circumstances.
- A person who is leaving their principal place of residence must practice social distancing while outside their principal place of residence, to the extent reasonably practicable.
Self-quarantine and self-isolation
- A person who is required to self-quarantine or self-isolate under another Public Health Direction or a direction of an emergency officer under the Public Health Act 2005, must comply with the terms of the direction to self-quarantine or self-isolate and may not leave the premises in which they are self-quarantining or self-isolating unless permitted under the terms of those orders or directions.
For the purposes of this Public Health Direction:
- Corrective services facility has the same meaning as in the Corrective Services Act 2006.
- Detention centre has the same meaning as in the Youth Justice Act 1992.
- Gathering, subject to paragraph 18, means:
- a gathering of more than 20 persons in a single undivided outdoor space at the same time; or
- a gathering of more than 20 persons in a single undivided indoor space at the same time.
- Gathering does not include a gathering:
- at an airport that is necessary for the normal business of the airport;
- for the purposes of or related to public transportation, including in vehicles or at public transportation facilities such as stations, platforms and stops;
- at a medical or health service facility that is necessary for the normal business of the facilities;
- for the purposes of emergency services;
- at a residential aged care facility or residence of a person with a disability, that is necessary for the normal business of the facility or residence;
- at a prison, corrective services facility, detention centre or other place of custody;
- at a court or tribunal;
- at Parliament for the purpose of its normal operations;
- at a business, facility or service operating in accordance with, or not restricted under, the Restrictions on Businesses, Activities or Undertakings Direction, or its successor, or another Public Health Direction, or in accordance with a COVID SAFE Plan approved by the Chief Health Officer or a delegate;
Example – wedding, funeral, accommodation facilities, retail store, shopping centre
- at a workplace, including but not limited to an office building, factory, manufacturing facility, resource extraction, mine or mineral processing facility, utilities or construction sites that is necessary for the normal operation of those premises;
- at a school, university, educational institution or childcare facility, that is necessary for the normal business of the facility;
- at an outdoor place where persons may be present for the purposes of transiting through the place;
Example – Queen Street Mall
- at an indoor place where persons may be present for the purposes of transiting through the place;
Example – Central Station
- specified as exempt from this direction by the Chief Health Officer in writing.
- Household means persons who ordinarily live at the same residence, including if family or kinship customs or cultural obligations have the effect of a person living across multiple residences.
- Indoor space means an area, room or premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are:
- permanent or temporary; or
- open or closed.
- Outdoor space means a space that is not an indoor space.
- Premises has the same meaning as in Schedule 2 of the Public Health Act 2005, and also includes land and vessels.
- Principal place of residence means:
- for a person who permanently resides in Queensland, the residence where the person ordinarily resides.
- for a person who temporarily resides in Queensland, the residence where the person ordinarily resides when the person in present in Queensland.
- Residence means premises used, or intended to be used, as a dwelling or mainly as a dwelling, and includes the land on which the residence is situated, and includes:
- a single detached dwelling;
- each of one or more attached dwellings that are separated by a common wall;
Examples for paragraph (b) — villa unit, townhouse, terrace house, row house, unit in an apartment block.
- a manufactured home as defined in section 10 of the Manufactured Homes (Residential Parks) Act 2003;
- a caravan as defined in section 7 of the Residential Tenancies and Rooming Accommodation Act 2008;
- any other building or structure situated on the same land as the premises or dwelling.
Examples for paragraph (e) – shed, pool house, carport, granny flat. But does not include a corrective services facility or detention centre.
- Residence does not include a residential aged care facility, corrective services facility or detention centre.
- Residential aged care facility means a facility at which accommodation, and personal care or nursing care or both, are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under the Aged Care Act 1997 of the Commonwealth.
- Resident has the meaning given in section 14 of the Residential Tenancies and Rooming Accommodation Act 2008.
- Social distancing includes remaining at least 1.5 metres away from other persons where possible, regular washing of hands and avoiding handshaking.
- Tenant has the meaning given in section 13 of the Residential Tenancies and Rooming Accommodation Act 2008.
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
31 May 2020
Published on the Queensland Health website 31 May 2020 at 11:00 am