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Superseded - Places of Concern Direction

This direction has been superseded on 24 April 2021. See the current Expired - Places of Concern Direction (No. 2).

Summary

Effective from: 12:01am AEST 24 April 2021

Posted: 23 April 2021

Superseded on: 24 April 2021.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 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

This Public Health Direction affects people who have been in an interstate place of concern.

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.

Preamble

  1. 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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.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 Places of Concern Direction.

Commencement

  1. This Direction applies from the time of publication until the later of:

    1. 2.00am on 27 April 2021; or

    2. the end of the restrictions on gathering, movement and travel in Western Australia in the direction effective from 12.01 am on 24 April 2021 made under the Emergency Management Act 2005 (WA).

PART 1 — REQUIREMENTS FOR PERSONS WHO HAVE BEEN IN A PLACE OF CONCERN

  1. The purpose of this Part is to require persons who have been in a place of concern since 17 April 2021 (a relevant person) is to isolate in order to limit the spread of COVID-19.

  2. A relevant person who enters Queensland on or before the commencement of the Border Restrictions Direction (No. 24) must, immediately after entering, travel directly to:

    1. the person’s place of residence, or

    2. another place that is suitable for the person to reside in; and

    quarantine as required by Part 2 until they receive a negative COVID-19 test result.

    Note: a person who enters once Border Restrictions Direction (No. 24) commences must comply with the entry requirements of that direction.

  3. If a relevant person is already in Queensland, the person must, immediately, travel directly to:

    1. the person’s place of residence, or

    2. another place that is suitable for the person to reside in; and

    quarantine as required by Part 2 until they receive a negative COVID-19 test result.

  4. A relevant person must undertake a COVID-19 test as soon as reasonably practicable after the commencement of this Direction.

PART 2 — QUARANTINE REQUIREMENTS UNTIL A NEGATIVE COVID-19 TEST RESULT

  1. A relevant person who is required to quarantine under paragraph 5 or 6 must follow the requirements of this Part 2 and the travel requirements in Part 3.

  2. A relevant person who is required to quarantine must not leave the person’s place of residence except:

    1. for the purpose of obtaining a COVID-19 test; or

    2. to avoid immediate 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.

    3. in the event of an emergency situation; or

      Example — a person leaving quarantine to go to a hospital for emergency medical treatment or due to an emergency at the premises such as fire or flood.

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

  3. A relevant person must not permit any other person to enter the place where the person is residing unless that other person:

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

    2. is required to enter the premises in an emergency; or

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

PART 3 — STAY AT HOME REQUIREMENTS ONCE A PERSON RECEIVES A NEGATIVE COVID-19 TEST RESULT

  1. If a relevant person receives a negative COVID-19 test result, they must stay at home and not leave the place at which the person is staying unless for one of the following permitted purposes:

    1. obtaining food or other goods or services for the personal needs of the household or other household purposes, including for pets, and for vulnerable persons; or

    2. obtaining medical care or supplies or health supplies or fulfilling carer’s responsibilities; or

    3. avoiding injury or illness or to escape a risk of harm; or

    4. exercising outdoors alone or with members of the household where the person is staying; or

    5. undertaking a COVID-19 test; or

    6. with the permission of the operator of the facility, for the purpose of an end of life visit for a resident of the facility.

  2. If a relevant person is staying in temporary accommodation, the person is permitted to leave the temporary accommodation if:

    1. the period of the booking of the temporary accommodation expires, and

    2. the person—

      1. goes directly to the person’s place of residence or other temporary accommodation, or

      2. travels immediately by the most practicable direct route to a place outside Queensland, and

    3. if subparagraph (b)(i) applies—the person continues to comply with paragraph 8.

  3. A relevant person must not permit any other person to enter the residence unless that other person:

    1. is residing at the residence; or

    2. enters the residence to provide emergency care to a person residing in the residence; or

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

PART 4 — TRAVEL REQUIREMENTS FOR A PERSON IN QURANTINE OR STAYING AT HOME

  1. Any travel by a relevant person under Part 2 or Part 3 must be by:

    1. ambulance service; or

    2. private vehicle; or

    3. if travel by (b) is not available, a taxi with a protective shield between driver and passenger or a taxi van that allows for physical distancing between the driver and passengers; or

    4. if travel by (b) and (c) is not available, a taxi or ride share sitting in the back seat on the passenger side with the window down; or

    5. as permitted or allowed under a direction given to the person by an emergency officer (public health).

PART 5 — REQUIREMENTS FOR PROVIDING INFORMATION

  1. A relevant person must, if requested by an emergency officer (public health), provide information, including photo identification, to allow a decision to be made about whether the person is a relevant person.

  2. An emergency officer (public health) may require information under paragraph 15 only if the emergency officer (public health) suspects on reasonable grounds that the person may be a relevant person.

  3. A relevant person who provides information in response to a requirement under this Direction must ensure that the information is true and accurate.

PART 6 — FACE MASKS

  1. A relevant person must wear a face mask:

    1. when leaving their residence as permitted under part 2 or part 3 or

    2. when directed to do so by an emergency officer (public health) 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.

  2. The requirement to wear a face mask under paragraph 19 does not apply:

    1. to infants and children under the age of 12 years; or

    2. to a person who has a physical or mental health illness or condition, or disability, which makes wearing a face mask unsuitable; or

      Examples: persons who have obstructed breathing, a serious skin condition on their face, an intellectual disability, a mental health illness, or who have experienced trauma.

    3. to a person communicating with a person who is deaf or hard of hearing and visibility of the mouth is essential for communication; or

    4. if the person is consuming food, drink or medicine; or

    5. if a person is undergoing medical care or treatment to the extent that such care or treatment requires that no face mask be worn; or

    6. if a person is asked to remove the face mask to ascertain identity; or

    7. for emergency purposes; or

    8. required or authorised by law; or

    9. doing so is not safe in all the circumstances.

  3. A person who removes their face mask under paragraph 20 must resume wearing the face mask as soon as practicable after the circumstance ends.

PART 7 – EXEMPTIONS

  1. The Queensland Chief Health Officer or delegate may grant an exemption to part or all of this Direction on compassionate grounds or for other exceptional circumstances.

PART 8 — 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

23 April 2021

Published on the Queensland Health website at 1.30am 24 April 2021

Schedule 1 — Definitions

For the purposes of this Public Health Direction:

Confines of the airport means the terminal or terminals of an airport used for the arrival and departure of aircraft and passengers by air, or the area of an airport that the person uses to transfer directly between terminals.

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

Note: emergency officers appointed under the Public Health Act include public health officers, Queensland and local government officers and police.

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

Face mask means a surgical mask, P2/N95 mask or a cloth face mask with three layers that covers the nose and mouth (but does not include a face shield).

Note – a scarf or bandana is not a face mask.

Place of concern means a place listed in Schedule 2.

Private transport means a private vehicle operated by the relevant person, a household member of the relevant person or a friend or family member of the relevant person.

Example: a relevant person may drive themselves in their own car or be transported in a car driven by one of their household members or friends.

Relevant person means a person who has been in a place of concern on or since 17 April 2021 as specified in paragraph 4.

Schedule 2 — Places of Concern

The Perth and Peel regions of Western Australia comprising the following local government areas:

Armadale

Bassendean

Bayswater

Belmont

Boddington

Cambridge

Canning

Claremont

Cockburn

Cottesloe

East Fremantle

Fremantle

Gosnells

Joondalup

Kalamunda

Kwinana

Mandurah

Melville

Mosman Park

Mundaring

Murray

Nedlands

Peppermint Grove

Perth

Rockingham

Serpentine-Jarrahdale

South Perth

Stirling

Subiaco

Swan

Vincent

Victoria Park

Wanneroo

Waroona

Plus, the two Unincorporated areas of:

Kings Park

Rottnest Island.

Last updated: 30 April 2021