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with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.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

2. This Public Health Direction may be referred to as the Interstate Places of Concern (Stay at Home in Queensland) Direction (No. 2).

Revocation

3. The Interstate Places of Concern (Stay at Home in Queensland) Direction given on 26 June 2021 is revoked from time of publication of this Direction and is replaced by this Direction.

Commencement

4. This Direction applies from 10:00 am on 27 June 2021 until the later of:

   1. 11.59pm on 9 July 2021; or

   2. the end of the restrictions on gathering, movement and travel for particular Greater Sydney Local Government Areas in the direction effective from 6.00pm on 26 June 2021 made under the Public Health Act 2010 (NSW).

PART 1 – REQUIREMENTS FOR PERSONS WHO HAVE BEEN IN AN INTERSTATE PLACE OF CONCERN

5. The purpose of this Part is to require a relevant person to quarantine in order to limit the spread of COVID-19.

6. A person is taken not to have been in a place of concern and is not a relevant person under this Direction if the person:

   1. arrived in a place of concern by air for the sole purpose of transiting through an airport in the place of concern and did not leave the confines of the airport; or

   2. transited through a place of concern by road using private transport stopping only for essential fuel and fatigue management and did not stay overnight in a place of concern; or

   3. arrived in a place of concern by road and used private transport to travel directly from their point of arrival to an airport in a place of concern, stopping only for essential fuel and fatigue management to depart the place of concern by air.

7. A relevant person must quarantine until 14 days have passed since the person was in a place of concern, in accordance with the requirements under Part 2 from the commencement of this Direction at:

   1. the person’s place of residence; or

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

      Notes: A person who is in Queensland who is subject to a quarantine direction given by an emergency officer (public health) under the Border Restrictions Direction or another public health direction is not a relevant person and must comply with the quarantine direction.

8. Despite paragraph 7, a relevant person who has visited an interstate exposure venue must quarantine in accordance with the Interstate Exposure Venues Direction (No. 2) or its successor.

9. If a relevant person develops symptoms consistent with COVID-19, they must undertake a COVID-19 test as soon as reasonably practicable.

PART 2 – QUARANTINE REQUIREMENTS

10. A relevant person who is required to quarantine under paragraph 7 must follow the requirements of this Part and the travel requirements in Part 3.

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

    1. if the person has symptoms consistent with COVID-19, 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. to obtain 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

    5. to obtain essential medical care or supplies or health supplies or to fulfil carer’s responsibilities; or

    6. to perform essential work not in a vulnerable setting and the work is of a nature that cannot reasonably be performed from the person’s place of residence;

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

    8. if the person had scheduled a COVID-19 vaccination appointment prior to entering Queensland and does not have any symptoms consistent with COVID-19, to obtain a scheduled COVID-19 vaccination; or

    9. if a person has been granted an exemption from the Chief Health Officer or delegate and has the permission of the operator of the facility, for the purpose of an end of life visit for a resident of a facility; or

    10. to leave Queensland by air by the most direct route without stopping unless the person has been identified as a close contact; or

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

12. A relevant person may allow up to 2 visitors per day to enter the place where the person is residing in addition to a person who:

    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. is entering to provide essential health care to a relevant person or to a person who resides at the premises; or

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

13. 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 direct route to leave Queensland by air without stopping as permitted under paragraph 11(j), and

    3. if subparagraph (b)(i) applies—the person continues to comply with paragraph Part 2.

PART 3 – TRAVEL REQUIREMENTS FOR A PERSON IN QUARANTINE

14. Any travel by a relevant person under Part 2 must be by:

    1. ambulance service; or

    2. private transport; 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).

15. A person travelling under paragraph 11(j) to leave Queensland by air must travel to the airport using a transport method in paragraph 14.

PART 4 – REQUIREMENTS FOR PROVIDING INFORMATION

16. 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.

17. An emergency officer (public health) may require information under paragraph 16 only if the emergency officer (public health) suspects on reasonable grounds that the person may be a relevant person.

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

PART 5 – FACE MASKS

19. A relevant person must wear a face mask:

    1. when leaving their residence as permitted under part 2; 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.

20. 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.

21. A person who removes their face mask under paragraph 19 must resume wearing the face mask as soon as practicable after the circumstance ends.

PART 6 – EXEMPTIONS

22. The Queensland Chief Health Officer, Deputy Chief Health Officer or delegate may grant an exemption to part or all of this Direction on compassionate grounds or for other exceptional circumstances, including specialist, critical work.

    Note: see paragraph 11(i) for the requirement for the operator of a facility to agree to a person attending for an end of life visit.

PART 7 – DEFINITIONS

23. Definitions used in this Direction are in Schedule 1.

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

27 June 2021

Published on the Queensland Health website at 10:45 am

Schedule 1 - Definitions

For the purposes of this Public Health Direction:

Close contact means:

1. a person who has been determined to be a close contact of a diagnosed person by a public health officer and has been, or has advised they will be, provided with a quarantine direction under the Public Health Act 2005; or

   Note: notification from the Queensland Government may be through SMS, email or telephone call.

2. a person in Queensland who has been determined to be a close contact or a casual contact of a diagnosed person by an interstate government authority.

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.

Facility means:

3. a hospital as defined under the Hospital Visitors Direction (No. 20) or its successors; or

4. a residential aged care facility as defined under the Aged Care Direction (No. 29) or its successors; or

5. a shared disability accommodation service as defined under the Disability Accommodation Services Direction (No. 18) or its successors.

Interstate exposure venue means a place that is:

1. identified by the relevant government authority for a State or Territory or safe travel zone country as a venue where a person who was present at that venue during an exposure period is required to quarantine, isolate or be tested for COVID-19 and isolate until they receive a negative result or for another period due to potential exposure to COVID-19; and

2. published on the Queensland Health website.

   Note: an interstate exposure venue includes all venues identified by a relevant government authority including venues identified as either close contact venues or casual contact venues. These venues are published on the Queensland Health contact tracing website: https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/current-status/contact-tracing.

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 is in Queensland when this Direction commences and who has been in a place of concern on or since the time and date listed in Schedule 2 for the place of concern, unless more than 14 days has passed since the person was in the place of concern.

Notes: A person who is in Queensland who is subject to a quarantine direction given by an emergency officer (public health) under the Border Restrictions Direction or another public health direction is not a relevant person and must comply with the quarantine direction.

Vulnerable setting means work performed by:

1. a person providing services as a registered health practitioner; or

2. a person providing services as an NDIS service provider within the meaning of the Disability Services Act 2006; or

3. person who works, contracts or volunteers in a hospital, as defined in schedule 2 to the Hospital and Health Boards Act 2011; or

4. a person who works, contracts or volunteers in a private health facility, as defined in section 8 of the Private Health Facilities Act 1999; or

5. a person who works, contracts or volunteers in 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); or

6. a person who works, contracts or volunteers in a facility at which residential care, within the meaning of the Aged Care Act 1997 of the Commonwealth, is provided; or

7. person who works, contracts or volunteers in a shared disability accommodation service as defined by the Disability Accommodation Services Direction (No.19) or its successors; or

8. a person who works, contracts or volunteers in a corrective services facility as defined under the Corrective Services Act 2006; or

9. a person who works, contracts or volunteers in a detention centre as defined under the Youth Justice Act 1992.

Schedule 2 – Places of Concern

The area of New South Wales comprising the following Local Government Areas: