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Superseded - Quarantine for International Arrivals Direction (No. 3)

This direction has been superseded on 1 February 2021. See the current Quarantine for International Arrivals Direction (No. 11).

Summary

Effective from: 10.15pm AEST 25 January 2021

Posted: 25 January 2021

Superseded on: 1 February 2021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 31 March 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 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.

Guidance

A person entering Queensland under this Direction must comply with any relevant requirements of other Public Health Directions while the person is in Queensland.

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 replaces the Public Health Direction referred to as the Quarantine for International Arrivals Direction (No. 2) given on 22 December 2020.

Citation

  1. This Public Health Direction may be referred to as the Quarantine for International Arrivals Direction (No. 3).

Revocation

  1. The Public Health Direction Quarantine for International Arrivals Direction (No. 2) given on 22 December 2020 is revoked from time of publication of this direction.

Commencement

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

PART 1 – DIRECTION – Quarantine for international arrivals

  1. This Direction applies to a person who arrives in Queensland and who has been in a place outside Australia in the 14 days immediately before their arrival.

  2. A person who is an international arrival, whether Queensland is the person's final destination or not, is required to quarantine in a nominated premises for 14 days in order to limit the spread of COVID-19, unless stated otherwise.

    Note: Maritime crew may have different requirements under the relevant protocol for maritime crew approved by the Chief Health Officer. Requirements for air crew are in the Quarantine and COVID-19 Testing for International Air Crew Direction.

  3. A person required to quarantine under paragraph 6, after completing immigration, customs and any other requirements:

    1. must travel directly, in the manner instructed by an emergency officer (public health), from their port of disembarkation to the nominated premises by the most direct practical route and means and reside in the nominated premises; and

    2. strictly comply with the quarantine requirements in Part 2.

PART 2 – QUARANTINE

  1. A person who is required to quarantine under this Direction:

    1. must not leave the nominated premises for 14 days, except:

      1. for the purposes of obtaining essential medical care or essential medical supplies where alternative delivery arrangements to the person are not reasonably practicable; or

      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

    2. must wear a protective mask:

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

      2. when leaving quarantine as permitted under paragraph 8(a), unless:

        1. it is not practicable due to the need to avoid immediate injury or illness or to escape a risk of harm; or

        2. it is not practicable because of the emergency situation; or

        3. permitted under a direction given to the person by an emergency officer (public health); and

    3. any travel when permitted to leave quarantine under this paragraph must be by:

      1. private vehicle; or

      2. a taxi with a protective shield between driver and passenger or a taxi van that allows for physical distancing between the driver and passenger; or

      3. ambulance service; or

      4. transport arranged by a government authority; or

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

      6. if travel by (c)(i) to (v) is not available, a taxi or ride share with the person wearing a protective mask and sitting in the back seat on the passenger side; and

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

      1. resides in the nominated premises for the purpose of complying with this direction; or

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

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

    5. must quarantine in a nominated premises with a parent, guardian or other responsible adult if the person is an unaccompanied minor.

  2. A person who is required to quarantine under this Direction:

    1. must quarantine in accordance with the requirements in paragraph 8; and

    2. will be quarantined for a further period of 10 days from the end of the quarantine period if the person is not tested for COVID-19 when requested to do so by an emergency officer (public health); and

    3. Chapter 8, Part 7AA of the Public Health Act 2005 applies to a person required to quarantine under this Direction.

    Notes:

    Under sections 362G and 362H of the Public Health Act 2005, an emergency officer (public health) can give a direction to a person to stay at or in a particular place for up to 14 days if the emergency officer believes the direction is reasonably necessary to assist in containing, or to respond to, the spread of COVID-19 in the community.

    Chapter 8, part 7AA (Fees for quarantine during COVID-19 emergency) of the Public Health Act 2005 applies to a person required to quarantine and requires a person to pay a fee for quarantine.

  3. Unaccompanied minors can be accompanied by a parent, guardian or other responsible adult to a nominated premises to quarantine in accordance with paragraph 8 with that parent, guardian or other responsible adult, if the parent, guardian or responsible adult consents to quarantine in the nominated premises.

  4. Despite paragraphs 8 and 10, an unaccompanied minor who is an international arrival can travel from Queensland to another State or Territory to quarantine as required by the other State or Territory, if allowed by the other State or Territory.

People who may quarantine outside government-nominated accommodation

Consular employees

  1. A consular employee as defined in the Consular Privileges and Immunities Act 1972 (Cth) who is an international arrival and who refuses, after being requested to quarantine in government nominated accommodation, must travel directly to their residence and quarantine in accordance with paragraph 8.

People requiring support

  1. An international arrival who is unable to live independently without ongoing or regular support due to significant health needs, and their carers, must travel directly to their residence and quarantine in accordance with paragraph 8 and any other requirements of an emergency officer (public health).

Maritime crew

  1. A maritime crew member must comply with any relevant protocol for maritime crew approved by the Chief Health Officer.

    Note: Cruise ships are subject to the Restricting cruise ships from entering Queensland waters Direction (No. 2) or its successor and to the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements) Determination 2020 (Cth). 

    Note: Maritime vessels are subject to any General Manager Maritime Safety Queensland Directions issued under the Transport Operations (Marine Safety) Act 1994 which may impose time-based arrival restrictions. 

PART 3 – SCREENING AND EVIDENTIARY PROVISIONS

  1. An emergency officer (public health) may require any person subject to this Direction to answer questions or provide evidence about:

    1. whether the person has symptoms consistent with COVID-19;

    2. their possible exposure to COVID-19; and

    3. their name, contact information and residential address; and

    4. the places the person has been in in the 14 days before arriving in Queensland.

  2. A person must not refuse or fail to answer a question or give an answer that is false or misleading in providing information in connection with this Direction.

PART 4 – EXEMPTIONS

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

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

PART 5 - DEFINITIONS

  1. Definitions used in this Direction are in schedule 1.

PART 6 - 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

25 January 2021

Published on the Queensland Health website at 10.15pm AEST 25 January 2021

Schedule 1 - Definitions

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.

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 includes public health officers, and police.

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.

Government-nominated accommodation means a hotel or other accommodation premises at which the person is directed to quarantine by an emergency officer (public health).

International air crew has the same meaning as in the Quarantine and COVID-19 Testing for International Air Crew Direction or its successors

International arrival means a person who arrives in Queensland on a flight that is not a quarantine-free flight or a person 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.

but excluding international air-crew and Queensland based air crew as defined and regulated by the Quarantine and COVID-19 Testing for International Air Crew Direction or its successor.

Maritime crew includes anyone required to be part of a crew operating or providing services to support the operation of a vessel, including supernumeraries.

Nominated premises means:

  1. government-nominated accommodation as directed by an emergency officer (public health); or

  2. another premises, including a residence, as directed by an emergency officer (public health).

Quarantine-free flight means a flight that only carries passengers who have completed an Australian Travel Declaration at least 72 hours prior to departure declaring details of their health status and that they have been in a safe travel zone country for 14 days or more 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. Determinations about quarantine-free flights are made by the relevant airline.

Queensland-based air crew has the same meaning as in the Quarantine and COVID-19 Testing for International Air Crew Direction or its successors.

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:

  1. a single detached dwelling;

  2. 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.

  3. a manufactured home as defined in section 10 of the Manufactured Homes (Residential Parks) Act 2003;

  4. a caravan as defined in section 7 of the Residential Tenancies and Rooming Accommodation Act 2008;

  5. any other building or structure situated on the same land as the premises or dwelling.
    Examples for paragraph (e) – pool house, granny flat.

but does not include an aged care residential facility, corrective services facility or detention centre.

Safe travel zone country means a country specified in Schedule 2.

Safe travel zone country hotspot means an area within a country in Schedule 2 that has been specified by the Chief Health Officer by a direction published on the Queensland Government website: https://www.health.qld.gov.au/system-governance/legislation/cho-public-health-directions-under-expanded-public-health-act-powers/declared-hotspots-direction

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.

Unaccompanied minor means is a child who is not in the presence of a responsible adult.

Vessel means a commercial vessel, research vessel or government vessel that is in Australian waters and is 50 metres or more in length. It does not include cruise vessels, private vessels, super yachts or recreational vessels.

Schedule 2 – Safe Travel Zone Countries

Intentionally blank – there are no safe travel zone countries

Last updated: 1 February 2021