Superseded - Restricted Access to Designated Areas Direction

This direction has been superseded by the

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Restricted Access to Designated Areas Direction

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 19 May 2020 and may be further extended.

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

Guidance

For the purpose of these directions, all persons entering a designated area should practice social distancing and risk mitigation measures such as remaining 1.5 metres away from other persons, regular washing of hands, and limiting travel outside of the home or place of accommodation and work except for the purpose of purchasing food or other necessities.

Preamble

  1. This Public Health Direction is to be read in conjunction with all other Public Health Directions.

Citation

  1. This Public Health Direction may be referred to as the Restricted Access to Designated Areas Direction.

PART 1 — DIRECTION – RESTRICTING ACCESS TO CERTAIN GEOGRAPHICAL AREAS, LOCATIONS OR COMMUNITIES (DESIGNATED AREAS)

  1. The purpose of this Part is to restrict people entering a designated area.
  2. This direction applies from the time of publication of the direction until the end of the declared public health emergency, unless it is revoked or replaced.
  3. A person must not enter a designated area unless the person is an exempt person.
  4. An exempt person, who enters a designated areamust self-quarantine for a period of 14 days if:
    1. they have been outside Australia in the last 14 days; or
    2. they travelled in the last 14 days to particular areas of Australia decided by the Chief Health Officer and published on the Queensland Health website (a COVID19 hotspot).

Definitions

For the purposes of this Public Health Direction:

  1. A designated area means an area described in Schedule 1.
  2. An exempt person is a person mentioned in the following table:
  1. Exempt person
  1. Resident

    A person who ordinarily resides in the designated area and if requested by a relevant authority provides evidence that they ordinarily reside in the designated area in the form of a statutory declaration.

    Note: Under the Home Confinement, Movement and Gathering Direction, a person may only leave their principal place of residence for a permitted purpose. Leaving your principal place of residence to travel to a secondary residence for a holiday or recreation is not a permitted purpose.

  1. Permitted purpose

    A person who resides outside the designated area but needs to access the designated area for a permitted purpose.

  1. Freight and logistics and passenger services

    A person:

    1. who is transporting freight by sea, land or air, to, from or through the designated area and, as a far as practicable, remains quarantined in their vehicle or accommodation; or
    2. who provides logistics and support for the transport of freight by sea, land or air, to, from or through the designated area and, as a far as practicable, remains quarantined in their vehicle or accommodation; or
    3. who is providing local passenger transport including rail, road, ferry, boat, bus, taxi and ride share services and, as a far as practicable, remains quarantined in their vehicle or accommodation; or
    4. who is a member of a domestic, commercial or charter flight air crew  or maritime crew (other than cruise ship crew) who self-quarantines until departing the designated area on another flight or voyage.
  1. Domestic air travel passenger

    A person who enters the designated area by air and is required to transfer as soon as possible to another area if:

    1. they remain in the airport until the time of transfer to the other flight and comply with a requirement or direction of a relevant authority; or
    2. they comply with a direction to self-quarantine given by a relevant authority.
  1. Transit

    A person entering a designated area to complete a journey to a place outside the designated area if:

    1. the most practicable route is through the designated area; and
    2. the person does not stop in the designated area, unless to obtain essential goods or services.
  1. Other exempt persons

    Any other person, or class of persons, exempted by the Chief Health Officer because the Chief Health Officer determines:

    1. they have compassionate or other grounds such that exclusion from the designated area would lead to an unusual or disproportionate hardship; or
    2. they are essential for the proper functioning of the designated area; or
    3. other exceptional circumstances exist that merit the person being granted access to the designated area.

  1. Essential business, activity or undertaking means a business, activity or undertaking that is not prohibited by the Non-essential business, activity and undertaking Closure Direction (No.4), or its successor, or another Public Health Direction.

    Essential goods or services are food and other supplies, and services, that are needed for the necessities of life and operation of society, such as food, fuel, medical supplies, and other goods.

    Permitted purpose means:

    1. to obtain or provide essential goods or services;
    2. to obtain or provide medical treatment or other health care services;
    3. to perform work or volunteering, or carry out or conduct an essential business, activity or undertaking, and the work, business activity or undertaking to be performed is of a nature that cannot reasonably be performed from the person’s principal place of residence;
    4. to visit another person’s residence in accordance with any public health direction applicable to home confinement, movement or gatherings;
    5. to visit a terminally ill relative or to attend a funeral, subject to any applicable restrictions under other relevant Public Health Directions;
    6. to provide assistance, care or support to a dependant or immediate family member;
    7. to enter the designated area to reside with a carer or relative or receive care; or
    8. for a person who usually resides in a residential facility outside a designated area, for example, a boarding school or college or group home, which is closed for scheduled holidays or because of COVID-19, who needs to return to a designated area to stay with family or a carer;
    9. to attend any court or tribunal of Australia or to comply with or give effect to orders of the court or tribunal of Australia;
    10. to attend a childcare facility or school;
    11. to attend a university, or other educational institution, to the extent instruction cannot reasonably be obtained outside of the designated area;
    12. to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;
    13. for children under 18 years who do not live in the same household as their biological parents or siblings or one of their parents or siblings, continuing existing arrangements for access to, and contact between, parents and children and siblings, but not allowing access or contact with vulnerable groups or persons;

      Example of a vulnerable group or person – a person over 70 years or a person with a medical condition that makes them vulnerable to COVID-19

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

      Example – escaping a risk of harm related to sexual, domestic and family violence

    15. to comply with or give effect to the exercise of a power or function of a government agency or entity under a law.

    Relevant authority means an emergency officer appointed under the Public Health Act 2005.

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

8 April 2020

Published on the Queensland Health website at 8 April 2020 09:58pm

Schedule 1

Designated areas for the Restricted access to designated areas Direction

Public Health Act 2005 (Qld)

Section 362B

  • Fraser Island / K’gari
  • Moreton Island / Moorgumpin
  • North Stradbroke Island / Minjerribah

Last updated: 28 April 2020