Superseded - Restricted Access to Designated Areas Direction (No. 2)
This direction has been superseded by the
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 19 May 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 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.
- This Public Health Direction replaces the Public Health Direction referred to as the Restricted Access to Designated Areas Direction given on 8 April 2020.
- This Public Health Direction may be referred to as the Restricted Access to Designated Areas Direction (No. 2).
- The Public Health Direction for Restricted Access to Designated Areas Direction given on 8 April 2020 is revoked from the time of publication of this direction.
PART 1 — DIRECTION – RESTRICTING ACCESS TO CERTAIN GEOGRAPHICAL AREAS, LOCATIONS OR COMMUNITIES (DESIGNATED AREAS)
- The purpose of this Part is to restrict people entering a designated area.
- 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.
- A person must not enter a designated area unless the person is an exempt resident, permitted person or exempt person.
- An exempt resident who enters a designated area must self-quarantine if, in the last 14 days, they have been in a COVID-19 hotspot, unless the person was in the COVID-19 hotspot for an essential purpose or is entering the designated area for an essential purpose.
- A permitted person who enters a designated area must self-quarantine if, in the last 14 days, they have been in a COVID-19 hotspot, unless the person is entering the designated area for an essential purpose.
- An exempt resident is a person mentioned in the following table:
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 (No. 2), 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 is not a permitted purpose.
- A permitted person is a person mentioned in the following table:
|A person who resides outside the designated area but needs to access the designated area for a permitted purpose.|
- An exempt person is a person mentioned in the following table:
COVID-19 hotspot means particular areas of Australia decided by the Chief Health Officer and published on the Queensland Health website.
Designated area means an area described in Schedule 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.7), 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 or services.
Essential purpose means a permitted purpose other than those referred to in paragraphs (a) (to the extent of obtaining essential goods), (d), (f), (j) and (k).
Permitted purpose means:
- to obtain or provide essential goods or services;
- to obtain or provide medical treatment or other health care services;
- 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;
- to visit another person’s residence in accordance with any public health direction applicable to home confinement, movement or gatherings;
- to visit a terminally ill relative or to attend a funeral, subject to any applicable restrictions under other relevant Public Health Directions;
- to provide assistance, care or support to a dependant or immediate family member;
- to enter the designated area to reside with a carer or relative or receive care; or
- 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;
- to attend any court or tribunal of Australia or to comply with or give effect to orders of the court or tribunal of Australia;
- to attend a childcare facility or school;
- to attend a university, or other educational institution, to the extent instruction cannot reasonably be obtained outside of the designated area;
- to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;
- for children 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
- avoiding injury or illness or to escape a risk of harm;
Example – escaping a risk of harm related to sexual, domestic and family violence
- 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.
Self-quarantine means self-quarantine in accordance with a direction or further direction given by a relevant authority, or if no direction is given, for a period of 14 days.
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
28 April 2020
Published on the Queensland Health website 28 April 2020 at 12:38 pm
Designated areas for the Restricted Access to Designated Areas Direction (No. 2)
Public Health Act 2005 (Qld)
- Fraser Island / K’gari
- Moreton Island / Moorgumpin
- North Stradbroke Island / Minjerribah