This direction has been revoked on 8 August 2021. It has been replaced by Restrictions for Impacted Areas (No. 19) Direction.

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 27 September 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

This direction, and its predecessors, restricts the number of people who may gather in homes or public places in a locked down area, the reasons for leaving home, and who may enter or leave a locked down area. It also restricts how certain businesses must operate or whether businesses can operate in the locked down area. The locked down areas are Brisbane City Council, Gold Coast City Council, Ipswich City Council, Lockyer Valley Regional Council, Logan City Council, Moreton Bay Regional Council, Noosa Shire Council, Redland City Council, Scenic Rim Regional Council, Somerset Regional Council, and Sunshine Coast Regional Council.

Citation

1. This Public Health Direction may be referred to as the Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 4).

Revocation

2. The Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 3) made on 3 August 2021 is revoked from 5.24am on 4 August 2021 and is replaced by this Direction.

Commencement and application

3. This Direction applies from 5.24am on 4 August 2021 until the end of the declared public health emergency, unless it is revoked or replaced.

   Note: Under the replaced Restrictions for Locked Down Areas (South-East Queensland) Direction and the replaced Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 2), restrictions have been in place in locked down areas since 4:00pm on 31 July 2021.

4. To the extent of any inconsistency between this Direction and the Restrictions on Businesses, Activities and Undertakings Direction (No. 23), Movement and Gathering Direction (No. 11), Border Restrictions Direction (No. 31) or their successors, or another public health direction made under section 362B of the Public Health Act 2005, this Direction prevails.

PART 1 – DIRECTION – HOME CONFINEMENT AND MOVEMENT

5. This part applies to a person who:

   1. is in a locked down area; or

   2. is not in a locked down area but has been in a locked down area at any time from 1.00am on 31 July 2021; or

   3. resides in the same household as a person who has been in a locked down area at any time from 1.00am on 31 July 2021.

      Note: a locked down area is each of the South-East Queensland local government areas listed in Schedule 2. See paragraph 24 for when a person is taken to have been in a locked down area.

6. A person mentioned in paragraph 5 must not leave their principal place of residence from the time this Direction commences until the end of the lock down period, or, if earlier, until 14 days have passed since the person was in a locked down area, for a person mentioned in paragraph 5(b) or (c), except for, and only to the extent reasonably necessary to accomplish, the following permitted purposes:

   1. to obtain food or other essential goods or services, including for example groceries, essential clothing, protective equipment, pet supplies and pet care, essential electronics or technology and office supplies, health food and supplement stores, pharmacies, essential financial or legal services;

      Note – a person should only go fishing if it is necessary for essential food.

      Note – wherever possible, a person should limit travel and contact with others by using contactless modes of shopping or contactless collection of goods.

   2. to obtain medical treatment or other health care services;

   3. to undertake a COVID-19 test;

   4. to receive a scheduled COVID-19 vaccination;

   5. to engage in physical exercise outdoors with one other person or with members of the person’s household within a 10-kilometre radius of the person’s principal place of residence;

      Note – recreational boating is not considered physical exercise outdoors and is not a permitted purpose to leave a person’s principal place of residence. Gyms, fitness centres, and indoor and outdoor sporting venues such as netball, golf, tennis and lawn bowls, are not permitted to open. Exercise in commercial premises is not permitted. See Schedule 3.

      Note – where a person is exercising with one other person, such as a personal trainer, not from their household, each person must remain within a 10-kilometre radius of their own principal place of residence.

   6. to perform essential work or volunteering, other than in a restricted vulnerable facility, or carry out or conduct an essential business, activity or undertaking, other than in a restricted vulnerable facility, 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;

      Examples – an essential business, activity or undertaking includes but is not limited to supermarkets, greengrocers, butchers, bakeries, takeaway service at cafes and restaurants, health food and supplement stores, pharmacies, basic clothing, uniform and protective equipment outlets, pet supply shops and pet care; petrol stations, electronics and office suppliers, essential financial services, newsagents and post offices. It does not include a business, activity or undertaking that is prohibited under Schedule 3.

      Note - where a person is working at their workplace or volunteer facility rather than from their residence for safety reasons, it is considered they are leaving to perform essential work, unless subject to specific requirements in relation to vulnerable facilities set out below.

      Note – a person who works in a vulnerable facility such as a hospital, aged care facility, or disability accommodation must not leave a locked down area to attend work even if they would otherwise be considered an essential worker.

   7. for a vaccinated person, to perform essential work (and then return to their principal place of residence):

      1. at a restricted vulnerable facility within any locked down area in Schedule 2; and

      2. at a vulnerable facility outside the locked down areas in Schedule 2 but only where the vulnerable facility is the vaccinated worker’s predominant place of work or where the work is necessary to prevent a critical workforce shortage at the facility or to provide essential health or medical care that cannot be provided by a person outside the locked down areas;

   where the operator of the facility assesses the risk of the person working at the facility and approves the arrangement.

   8. for an unvaccinated person, to perform essential work (and then return to their principal place of residence):

      1. at a restricted vulnerable facility within the person’s local government area for their principal place of residence; or

      2. at a restricted vulnerable facility outside the person’s local government area but only at a facility which is the unvaccinated person’s predominant place of work or, where the work is necessary to prevent a critical workforce shortage at the facility or, to provide essential health or medical care that cannot be provided by another person who lives within the local government area;

   where the operator of the facility assesses the risk of the person working at the facility and approves the arrangement.

   Note for paragraphs (g) and (h) - a worker is vaccinated if they have received the prescribed number of doses of a COVID-19 vaccine approved by the Therapeutic Goods Administration for use in Australia or if the vaccine was obtained overseas, endorsed by WHO-COVAX.

   9. to visit a terminally ill relative;

   10. to attend a funeral or wedding, subject to any applicable restrictions under this Direction;

   11. to provide assistance, care or support to an immediate family member or vulnerable dependant;

       Example – a vulnerable dependant may be an extended family member or friend that a person supports for essentials such as shopping or cooking or providing meals.

   12. to provide essential childcare, as part of an alternate childcare arrangement for a person;

       Note: a grandparent who provides childcare to family members should be vaccinated. The person providing childcare should wear a mask and the children over 12 and other household members should also wear a mask.

       Note: movement should be restricted once the alternate childcare arrangement is in place.

   13. to attend any court or tribunal of Australia or to comply with or give effect to orders of the court or tribunal of Australia;

   14. to attend a childcare facility to the extent care cannot reasonably be obtained in the person’s principal place of residence because the child’s parent or carer is undertaking essential work or volunteering or the child needs to attend because of vulnerable circumstances;

   15. to attend a school, outside school hours care, to the extent instruction or care cannot reasonably be obtained in the person’s principal place of residence because the student’s parent or carer is undertaking essential work or volunteering or the student needs to attend because of vulnerable circumstances;

       Note: Face-to-face learning is not permitted at universities and other higher education institutions such as TAFEs and RTOs.

   16. to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;

   17. to fulfil an obligation relating to shared parenting or child contact; or

   18. 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, to continue existing arrangements for access to, and contact between, parents and children and siblings, but not allowing access or contact with vulnerable groups or persons unless those persons are vaccinated 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.

   Note – a person is vaccinated if they have received the prescribed number of doses of a COVID-19 vaccine approved by the Therapeutic Goods Administration for use in Australia or if the vaccine was obtained overseas, endorsed by WHO-COVAX.

   19. to avoid injury or illness or to escape a risk of harm;

   Example – escaping a risk of harm related to domestic and family violence; or accessing support from a domestic and family violence support service.

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

   21. to return to their principal place of residence after leaving for a permitted purpose above.

       Note – wherever practicable, a person should only travel within a 10-kilometre radius of the person’s principal place of residence to accomplish a permitted purpose under paragraph 6. Except for exercising outdoors, a person may travel further than 10 kilometres to accomplish a permitted purpose, but only to the distance necessary to do so and only within the locked down areas in Schedule 2 unless the person’s predominant place of work is outside the locked down areas.

7. Despite the permitted purposes in paragraph 6, a person must not leave their principal place of residence if they have any symptoms consistent with COVID-19, unless they are leaving to undertake a COVID-19 test under paragraph 6(c).

8. Subject to paragraph 9, a person who leaves their principal place of residence for a permitted purpose under paragraph 6 may be accompanied by members of their household or, alternatively, by no more than one person who is not a member of their household.

9. If a person requires physical assistance to leave their principal place of residence or it is reasonably necessary for the safety of the person or the public, and there is no other reasonable way for a purpose under paragraph 6 to be achieved, a person may be accompanied by more than one person who is not a member of their household and who is a carer or support worker for that person.

   Example – a person with a disability may be accompanied by more than one carer or support worker.

PART 2 – DIRECTION – GATHERINGS

10. This part applies to a person who:

    1. is in a locked down area; or

    2. is not in a locked down area but has been in a locked down area at any time from 1.00am on 31 July 2021; or

    3. resides in the same household as a person who has been in a locked down area at any time from 1.00am on 31 July 2021

    until the end of the lock down period, or, if earlier, until 14 days have passed since the person was in a locked down area, for a person mentioned in paragraph 10(b) or (c).

    Note: See Schedule 2 - a locked down area is a South-East Queensland local government area. See paragraph 24 for when a person is taken to have been in a locked down area.

No visitors at a residence

11. Subject to paragraphs 12 to 15 a person who is an owner, resident, tenant, occupier, temporary occupier or person in control of a residence must not organise or allow any person who is not ordinarily a member of the person’s household to visit the residence during the locked down period.

    Example – visitors who are family members or close friends are not permitted to visit indoor or outdoors during the lock down period.

    Note – relatives staying temporarily from another State or Territory, or from within Queensland, at the time of commencement of this Direction are included as part of the household for the purposes of this Direction.

12. Paragraph 11 does not prevent workers or volunteers entering a place of residence and they are not counted for the purpose of paragraph 11.

    Note – workers and volunteers must only interact with residents to the extent necessary to complete the work or volunteering.

13. Paragraph 11 does not apply to a residential aged care facility, hospital or shared disability accommodation service. Paragraph 11 does not apply to an approved family day care service or stand-alone care service only for the purposes of conducting a business.

    Note – The Residential Aged Care Direction (No. 3), Disability Accommodation Services Direction (No. 21) and the Hospital Entry Direction (No. 2) or their successors restrict visitors to those facilities. Other Public Health Directions may be made applying to other types of facilities.

14. Paragraph 11 does not apply to a residence of a person with disability or of a person receiving home aged care if it is necessary for a person to attend the residence to provide services to the person with disability or to the recipient of home aged care to meet their support needs.

15. Paragraph 11 does not apply to a residence a person is entering to provide childcare as part of an alternate childcare arrangement.

16. An owner, resident, tenant, occupier, temporary occupier or person in control of premises, including a residence, must take reasonable steps to encourage occupants of, and workers, volunteers or service providers entering the premises to practise physical distancing to the extent reasonably practicable and must wear a mask whenever the other person is present.

No gatherings in non-residences

17. A person who owns, controls or operates a premises, other than a residence, must not organise or allow a gathering to occur on the premises.

Example – vacant land, empty warehouse. A workplace is not a premises for this paragraph.

Physical distancing

18. A person who is leaving their principal place of residence must practise physical distancing while outside their principal place of residence, to the extent reasonably practicable and wear a mask as required by Part 3.

Quarantine

19. A person who is required to quarantine under another Public Health Direction or a direction of an emergency officer under the Public Health Act 2005, must comply with the terms of the direction to quarantine and may not leave the premises in which they are quarantining unless permitted under the terms of those orders or directions.

PART 3 — FACE MASKS

20. This part applies to a person who:

    1. is in a locked down area; or

    2. has been in a locked down area at any time from 1.00am on 29 June 2021, unless 14 days have passed since the person was in a locked down area; or

    3. resides in the same household as a person who has been in a locked down area at any time from 1.00am on 31 July 2021

    until the end of the lock down period, or, if earlier, until 14 days have passed since the person was in a locked down area, for a person mentioned in paragraph 20(b) or (c).

    Note: See Schedule 2 - a locked down area is a South-East Queensland local government area. See paragraph 24 for when a person is taken to have been in a locked down area. Mask wearing has been mandatory in South-East Queensland since 1:00 am 29 June 2021.

21. A person mentioned in paragraph 20 must:

1. carry a face mask at all times; and

2. wear a face mask covering the nose and mouth at all times if they are in an indoor space or an outdoor space including:

   1. if they are on public transport infrastructure or at public transport infrastructure; or

      Example – when on a train or waiting at a train platform.

   2. if they are in a commercial passenger vehicle or waiting in a designated outdoor space that is not a residence for a commercial passenger vehicle; or

   Example – waiting for a taxi at a taxi rank, waiting for a rideshare at a designated pick-up area.

   Note – a driver of a commercial passenger vehicle must wear a mask.

   3. if they have any symptoms consistent with COVID-19; or

   4. if they are required to do so in accordance with any other Public Health Directions in effect under section 362B of the Public Health Act 2005; or

      Example – under the Mandatory Face Masks Direction (No. 2) or its successors, a person must wear a face mask at all times while on a domestic commercial aircraft flying in Queensland airspace.

   5. are directed to do so by an emergency officer (public health).

22. The requirements under paragraph 21 do not apply:

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

    2. to a person in an indoor space that is in their residence, or temporary accommodation and there is no other person present other than another household member; or

    3. to a person in an indoor space, and there is no other person present other than another household member; or

       Example: a person working alone in a closed office does not need to wear a face mask.

    4. to a person in an outdoor space, and there is no other person present other than another household member; or

    5. to a person travelling alone in a private vehicle or with only the members of their household; or

    6. to primary school students, in prep and from grade 1 up to and including grade 6, onsite at an education premises or attending outside school hours care; or

    7. to a prisoner in a corrective services facility, subject to any policies or requirements of that facility; or

    8. to a detainee in a detention centre, subject to any policies or requirements of that centre; or

    9. to a resident of a residential aged care facility or a shared disability accommodation service, subject to any policies or requirements of a facility or service; or

    10. 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.

    11. to a person communicating with those who are deaf or hard of hearing, where the ability to see the mouth is essential for communication; or

        Note – a face shield should be used instead.

    12. if the nature of a person’s work or education means that clear enunciation or visibility of the mouth is essential; or

        Example – live broadcasting.

        Note – teachers and staff in schools, and educators and staff in child-care centres, must wear a mask at all times including during face-to-face learning except where paragraph 22(j) applies.

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

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

    15. if a person is receiving a service from a business, activity or undertaking which is permitted to operate under and is operating in accordance with, this Direction, to the extent that it is not reasonably practicable to receive that service wearing a face mask; or

    16. if a person is providing a service from a business, activity or undertaking which is permitted to operate under, and is operating in accordance with, this Direction, to the extent that it is not reasonably practicable to receive that service wearing a face mask; or

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

        Examples – a person may be asked by police, security, or airport staff to remove a face mask to ascertain identity or when purchasing alcohol or cigarettes.

    18. to a person engaged in strenuous physical exercise; or

    Example – exercise in or above the aerobic zone including high-intensity interval training, cycling, running.

    19. to a person for whom wearing a face mask would create any other serious risk to that person’s life or health and safety, including if determined through work Occupational Health and Safety guidelines; or

        Examples – a person who is swimming in an indoor pool or undertaking work where a mask could become tangled in machinery.

    20. to a person being married while in the process of being married; or

    21. for emergency purposes; or

    Examples – a person escaping a fire or a risk of harm related to domestic and family violence or sexual violence.

    22. if required or authorised by law; or

    23. if doing so is not safe in all the circumstances.

23. A person who removes their face mask under paragraph 22 must resume wearing the face mask as soon as practicable after the circumstance ends.

    Examples – a person must resume wearing a face mask as soon as they finish eating, broadcasting or receiving medical care.

    Note – For further information on the use of face masks, please refer to the Queensland Health website as updated from time to time: https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/protect-yourself-others/face-masks.

PART 4 – DIRECTION – RESTRICTED ACCESS TO AND FROM LOCKED DOWN AREAS

24. A person is taken to have been in a locked down area unless the person only:

    1. arrived in a locked down area by air for the sole purpose of:

       1. transiting through an airport in the locked down area and did not leave the confines of the airport; or

       2. leaving the confines of the airport to go directly by road using private transport to leave the locked down area without leaving the vehicle; or

    2. arrived in a locked down area by road and used private transport to travel directly to the relevant terminal entrance of an airport in a locked down area, does not stop in the locked down area until arriving at the terminal entrance, and wore a face mask at all times to depart the locked down area by air; or

    3. transits through the locked down area by road using private transport and does not leave the vehicle while in the locked down area.

       Note: a person who leaves their vehicle while in the locked down area, for example to obtain fuel or for a rest stop, will be taken to have been in the lockdown area and must follow the rules in the Direction that apply to a person who has been in a locked down area.

25. A person must not enter a locked down area unless the person:

    1. is entering for one of the following permitted purposes under paragraph 6:

       Note: a person must not enter a locked down area to perform volunteering (other than volunteering for any community or government welfare, social, safety, emergency or disaster service), shop for food or other goods or essential goods or services, exercise, visit friends, or attend a wedding or a funeral.

       1. to obtain medical treatment or other health care services;

       2. to undertake a COVID-19 test;

       3. to receive a scheduled COVID-19 vaccination;

       4. to visit a terminally ill relative;

       5. to provide assistance, care or support to an immediate family member or vulnerable dependant;

          Example – a vulnerable dependant may be an extended family member or friend that a person supports for essentials such as shopping or cooking or providing meals.

       6. to provide childcare as part of an alternate childcare arrangement for a person;

          Note: a grandparent who provides childcare to family members should be vaccinated. The person providing childcare should wear a mask and the children over 12 and other household members should also wear a mask.

          Note: movement should be restricted once the alternate childcare arrangement is in place

       7. to attend any court or tribunal of Australia or to comply with or give effect to orders of the court or tribunal of Australia;

       8. to attend a childcare facility to the extent care cannot reasonably be obtained in the person’s principal place of residence because the child’s parent or carer is undertaking essential work or volunteering or the child needs to attend because of vulnerable circumstances;

       9. to attend a school, outside school hours care, to the extent instruction or care cannot reasonably be obtained in the person’s principal place of residence because the student’s parent or carer is undertaking essential work or volunteering or the student needs to attend because of vulnerable circumstances;

          Note: Face-to-face learning is not permitted at universities and other higher education institutions such as TAFEs and RTOs.

       10. to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;

       11. 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, to continue existing arrangements for access to, and contact between, parents and children and siblings, but not allowing access or contact with vulnerable groups or persons unless those persons are vaccinated for COVID-19;

           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.

       12. to avoid injury or illness or to escape a risk of harm;

           Example – escaping a risk of harm related to domestic and family violence; or accessing support from a domestic and family violence support service.

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

       14. to return to their principal place of residence in the locked down area after leaving for a permitted purpose; or

    2. is entering to go directly to stay at a residence in the locked down area for the duration of the lockdown period; or

    3. is entering to fulfil an obligation relating to shared parenting or child contact; or

    4. is entering as permitted under paragraph 6(f) to perform work, but not volunteering, in a locked down area or carry out or conduct an essential business, activity or undertaking in a locked down area 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 or another location outside of the locked down area; or

       Note: volunteering for the purpose of this paragraph does not include volunteering for any community or government welfare, social, safety, emergency or disaster service.

       Example – a State Emergency Service volunteer may enter or leave a locked down area while performing their volunteer duties.

    5. is transiting through the locked down area by road using private transport and stops only for an emergency or essential fuel or rest stop; or

       Note: a person who leaves their vehicle while in the locked down area for fuel or rest is taken to have entered the locked down area and must follow the rules in the Direction that apply to a person who has been in a locked down area.

    6. is entering a locked down area as a passenger of an ambulance, aeromedical service or other emergency medical transport; or

    7. has been granted an exemption from the Chief Health Officer, Deputy Chief Health Officer or their delegate under Part 6 permitting the person to enter.

26. Any person who is in a locked down area from the commencement of this Direction or who is permitted to enter a locked down area under paragraph 25 may also leave the locked down area:

    1. for one of the following reasons listed in paragraph 6:

       1. to obtain medical treatment or other health care services;

       2. to undertake a COVID-19 test;

       3. to receive a scheduled COVID-19 vaccination;

       4. to visit a terminally ill relative;

       5. to provide assistance, care or support to an immediate family member or vulnerable dependant;

          Example – a vulnerable dependant may be an extended family member or friend that a person supports for essentials such as shopping or cooking or providing meals.

       6. to attend any court or tribunal of Australia or to comply with or give effect to orders of the court or tribunal of Australia;

       7. to attend a childcare facility to the extent care cannot reasonably be obtained in the person’s principal place of residence because the child’s parent or carer is undertaking essential work or volunteering or the child needs to attend because of vulnerable circumstances;

       8. to provide childcare as part of an alternate childcare arrangement, for a person

          Note: a grandparent who provides childcare to family members should be vaccinated. The person providing childcare should wear a mask and the children over 12 and other household members should also wear a mask.

          Note: movement should be restricted once the alternate childcare arrangement is in place

       9. to attend a school, outside school hours care, to the extent instruction or care cannot reasonably be obtained in the person’s principal place of residence;

          Note: Face-to-face learning is not permitted at universities and other higher education institutions such as TAFEs and RTOs.

       10. to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;

       11. 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, to continue 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.

       12. to avoid injury or illness or to escape a risk of harm;

           Example – escaping a risk of harm related to domestic and family violence; or accessing support from a domestic and family violence support service.

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

       14. to return to their principal place of residence after leaving for a permitted purpose above;

           Note: a person must not leave  a locked down area to perform volunteering (other than volunteering for any community or government welfare, social, safety, emergency or disaster service), to shop, to exercise, to visit friends or to attend a wedding or funeral

    2. as permitted under paragraph 6(f) to perform work, but not volunteering, or to 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; or

       Note: volunteering for the purpose of this paragraph does not include volunteering for any community or government welfare, social, safety, emergency or disaster service.

       Example – a State Emergency Service volunteer may enter or leave a locked down area while performing their volunteer duties.

    3. is leaving to fulfil an obligation relating to shared parenting or child contact; or

    4. to return home to their principal place of residence; or

    5. if directed to leave by an emergency officer (public health) in response to an emergency or serious situation; or

    6. the person has been granted an exemption by the Chief Health Officer, Deputy Chief Health Officer or their delegate under Part 6 permitting the person to leave.

       Note – wherever practicable, a person should only travel within a 10-kilometre radius of the person’s principal place of residence to accomplish a permitted purpose under paragraph 26. A person may travel further than 10 kilometres to accomplish a permitted purpose, but only to the distance necessary to do so.

27. A person permitted to leave a locked down area under paragraph 26 must comply with all other requirements under this Direction while in the locked down area and must continue to comply with the requirements when they leave the locked down area as required by paragraph 28.

Example: they must wear a face mask in accordance with Part 3.

28. A person permitted to leave a locked down area must continue to abide by the requirements of this Direction when outside the locked down area including the restrictions on home confinement, gathering, receiving visitors and wearing a face mask.

    For example, a person who lives in Gympie but performs essential work or volunteering in Noosa may only leave their residence in Gympie for the permitted purposes listed above in this part and must wear a mask while outside their residence in Gympie. The person’s household in Gympie must also follow the lockdown restrictions, unless 14 days have passed since the person was in Noosa Shire Council.

PART 5 – DIRECTION – RESTRICTED BUSINESSES, ACTIVITIES AND UNDERTAKINGS

29. A restricted business, activity or undertaking for this Direction is a business, activity or undertaking specified in column 1 of Schedule 3.

30. A person who owns, controls or operates a restricted business, activity or undertaking in a locked down area including operating at a private residence, or in a public space, must not operate the business, unless an exception is specified in column 2 of Schedule 3.

31. Despite paragraph 30, a person who owns, controls or operates a restricted business, activity or undertaking in a locked down area may continue to do so online or through the internet.

Takeaway services

32. A person who owns, controls or operates a restricted business, activity or undertaking in a locked down area that is permitted to provide takeaway services must take reasonable steps to:

    1. ensure physical distancing of people can be accommodated, implemented and monitored by employees or contractors of the retail food service provider; and

    2. ensure a gathering for the purposes of ordering or collecting food inside does not exceed one person per 4 square metres; and

    3. only operate to the extent they are not promoting or facilitating persons consuming takeaway food or drink on or adjacent to their premises; and

    4. collect contact information from employees and patrons using the Check In Qld app.

       Example: tables and chairs should be removed and all reasonable steps taken by the retail food service to prevent patrons gathering to consume takeaway food or drink on or adjacent to, the relevant premises.

33. A person who owns, controls or operates a business, activity or undertaking in a locked down area that is not specified in Schedule 3 of this Direction but is a restricted business, activity or undertaking in the Restrictions on Business, Activities and Undertakings Direction (No. 23) or its successor must comply with the requirements in that Direction.

    Example: a business in South-East Queensland offering retail goods and services such as shopping centres and supermarkets and public facing government services must continue to collect contact information.

34. To the extent of any inconsistency:

    1. this Direction prevails over the Restrictions on Business, Activities and Undertakings Direction (No. 23); and

    2. this Direction prevails over a COVID Safe Checklist, COVID Safe Event Checklist, COVID Safe Site Specific Plan, COVID Safe Professional Sporting Code Plan

    Example – a Site Specific Plan or a COVID Safe Checklist may refer to an occupant density of no more than one person per two square metres in settings such as restaurants. However, a restaurant is not permitted to open for dine in patrons in accordance with this Direction.

35. An essential business, activity or undertaking in a locked down area may otherwise operate with essential workers or volunteers present, with physical distancing observed and subject to any other requirements in this Direction such as face masks and any other requirements in other public health directions such as collecting contact information.

    Note: See Definitions Schedule 1 – an essential business, activity or undertaking means a business, activity or undertaking that is not prohibited under Schedule 3.

PART 6 – EXEMPTIONS AND OTHER MATTERS

36. The Chief Health Officer, Deputy Chief Health Officer or their delegate may give a person or class of persons an exemption from a requirement of this Direction if extreme exceptional circumstances exist, except from a requirement under Part 5.

37. The Chief Health Officer may give an exemption from a requirement under Part 5 where it has been applied for by an association or representative body on behalf of its members if extreme exceptional circumstances exist.

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

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

PART 7 – 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

4 August 2021

Published on the Queensland Health website at 1:00 am

SCHEDULE 1 – DEFINITIONS

For the purposes of this Public Health Direction:

Alternate childcare arrangement means a childcare arrangement a person has in place with a nominated carer, family member or trusted friend (the carer) to provide essential childcare for the person’s child or children, either casually or regularly, while the person is undertaking other permitted activities.

Examples – a grandparent provides care for their grandchild while the mother or father of the child attends medical appointments or goes to work as an essential worker; a consultant works from a home office, during which time a nominated carer provides in home childcare for her children.

Note: a grandparent who provides childcare to family members should be vaccinated and should wear a face mask. The person providing childcare should wear a mask and the children over 12 and other household members should also wear a mask.

Note: movement outside the location care is being provided should be restricted as much as possible once the alternate childcare arrangement is in place.

Approved family day care service has the same meaning as in the Education and Care Services National Law (Queensland).

Commercial passenger vehicle means a taxi, rideshare or commercial shuttle service.

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.

Example: a person did not leave the confines of the airport if they stay in a passenger terminal until their next flight or transferred directly between terminals to depart on their flight. However, a person leaves the confines of the airport if they go to a hotel in the airport precinct and stay overnight.

Contact information means the contact information collected in accordance with the Restrictions on Businesses, Activities and Undertakings Direction (No. 23) or its successors.

Corrective services facility has the same meaning as in the Corrective Services Act 2006.

COVID Safe Checklist has the same meaning as Restrictions on Businesses, Activities and Undertakings Direction (No. 23) or its successors.

COVID Safe Event Checklist has the same meaning as Restrictions on Businesses, Activities and Undertakings Direction (No. 23) or its successors.

COVID Safe Professional Sporting Code Plan has the same meaning as Restrictions on Businesses, Activities and Undertakings Direction (No. 23) or its successors.

COVID Safe Site Specific Plan has the same meaning as Restrictions on Businesses, Activities and Undertakings Direction (No. 23) or its successors.

Critical workforce shortage means an immediate or emergency critical workforce shortage in a vulnerable facility that the operator of the vulnerable facility considers may impact patient or resident care or the effective operation of the facility.

Example: A critical workforce shortage may be a shortage of more than 10 per cent of staff for a critical or an emergency situation, or for a sustained period of 7 days or more, however this will depend on the size of the facility and baseline staffing levels (including consideration of skills mix and rostering).

Detention centre has the same meaning as in the Youth Justice Act 1992.

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

Essential business, activity or undertaking means a business, activity or undertaking that is not prohibited under Schedule 3.

Examples - an essential business, activity or undertaking may include but is not limited to supermarkets, green grocers, butchers, bakeries, takeaway from cafes or restaurants,

Essential goods or services means good or services obtained from an essential business, activity or undertaking.

Essential road user means a person to whom (a) to (d) applies:

1. The person is required to leave their place of residence:

   1. as permitted under paragraph 6; or

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

2. The person’s work, business activity or undertaking to be performed is of a nature that cannot reasonably be performed from the person’s place of residence;

3. The person cannot reasonably return to their place of residence, business, work or undertaking to partake in a meal; and

4. It is reasonably necessary for the person to utilise the facilities of the truck driver rest facility to undertake fatigue management breaks.

   Examples – essential road users include road and rail workers such as RoadTek and Queensland Rail maintenance crews, utilities workers, agriculture sector workers (such as specialist maintenance staff required to maintain sugar mills), workers required to calibrate or maintain equipment essential to continue the safe operation of critical infrastructure and systems, critical resources sector employees, emergency services personnel, health practitioners, authorised officers (such as local government inspectors) and volunteers providing essential care (such as a Meals on Wheels volunteer delivering food to the elderly).

Essential work or volunteering refers to work or volunteering that is urgently required for safety reasons, for emergency repairs, or that is necessary to maintain essential services and supplies to the community, or to a part of the community, including but not limited to, a nurse, doctor, cook, teacher, healthcare provider, shelf packer, plumber or electrician. Essential worker or volunteer has the same meaning.

Note - where a person is working at the workplace or volunteer facility rather than from their residence for safety reasons, it is considered they are leaving to attend essential work.

Example – an electrician called out for an emergency repair of a dangerous electrical fault is undertaking essential work as there is a serious risk to safety of the fault is not fixed.

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

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

Gathering means a gathering of two or more persons in a single undivided outdoor space or indoor space at the same time, but does not include a gathering:

1. at an airport that is necessary for the normal business of the airport;

2. for the purposes of or related to public transportation, including in vehicles or at public transportation facilities such as stations, platforms and stops;

3. at a medical or health service facility that is necessary for the normal business of the facilities;

4. for the purposes of emergency services or disaster management;

5. at a residential aged care facility or a shared disability accommodation service, that is necessary for the normal business of the facility or residence;

6. at a prison, corrective services facility, detention centre or other place of custody;

7. at a court or tribunal;

8. for the purposes of an investigation or action by a law enforcement authority;

9. for the purposes of complying with or giving effect to the exercise of power or function of a government agency or entity under a law;

10. for the purposes of national security;

11. at Parliament for the purpose of its normal operations;

12. at a business, facility or service operating in accordance with, or not restricted under, the Restrictions on Businesses, Activities or Undertakings Direction (No. 23), or its successors, or another Public Health Direction;

    Example – wedding, funeral, accommodation facilities, retail store, shopping centre.

13. at a workplace, including but not limited to an office building, factory, manufacturing facility, resource extraction, mine or mineral processing facility, utilities or construction sites that is necessary for the normal operation of those premises;

14. at a school, university, educational institution or childcare facility, that is necessary for the operation of the facility and as permitted by this Direction;

15. at an indoor place where persons may be present for the purposes of transiting through the place;

    Example – Central Station

16. at an outdoor venue where a wedding ceremony is ordinarily held by a person, business, facility or service operating in accordance with, or not restricted under, this Direction, the Restrictions on Businesses, Activities or Undertakings Direction (No. 23), or its successors, or another Public Health Direction

Example – a wedding celebrant may conduct a wedding ceremony at the beach, where there are no more than 10 people, including the celebrant, the people being married and two witnesses, and face masks are worn by all except the persons getting married.

17. specified as exempt from this direction by the Chief Health Officer in writing.

Hospital means:

1. a hospital, as defined in schedule 2 to the Hospital and Health Boards Act 2011; or

2. a private health facility, as defined in section 8 of the Private Health Facilities Act 1999; or

3. 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).

Household means persons who ordinarily live at the same residence, including if family or kinship customs or cultural obligations have the effect of a person living across multiple residences and includes people residing at the residence at the commencement of this Direction.

Example – relatives staying temporarily from another State or Territory at the time of commencement of this Direction are included as part of the household for the purposes of this Direction.

Indoor space means an area, room or premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are:

1. permanent or temporary; or

2. open or closed.

Locked down area means an area specified in Schedule 2 of this Direction consisting of the local government areas whose names and boundaries are provided for by the Local Government Regulation 2012 or the City of Brisbane Regulation 2012.

Major Sports Stadiums include facilities managed by Stadiums Queensland (for example: North Queensland Stadium (Queensland Country Bank Stadium), The Gabba, Suncorp Stadium, Metricon Stadium, Queensland Tennis Centre).

Non-restricted business, activity or undertaking means a business, activity or undertaking that is not listed in Schedule 3 of this Direction.

Note: a business not listed in Schedule 3 may still be subject to contact information and other requirements in the Restrictions on Businesses, Activities and Undertakings Direction (No. 23) or successors.

Outdoor space means a space that is not an indoor space.

Physical distancing includes remaining at least 1.5 metres away from other persons where possible.

Premises has the same meaning as in Schedule 2 of the Public Health Act 2005, and also includes land and vessels.

Principal place of residence means:

1. for a person who permanently resides in Queensland, the residence where the person ordinarily resides; or

2. for a person who temporarily resides in Queensland, the residence where the person ordinarily resides when the person in present in Queensland.

Private transport means a private vehicle.

Public health controls are measures to reduce public health risks. These measures may include environmental cleaning, hygiene measures, regular washing of hands, availability of hand sanitiser and avoiding handshaking.

Public health officer includes an emergency officer (general), a contact tracing officer or an authorised person under section 377 of the Public Health Act 2005.

Public transport infrastructure has the same meaning as in the Transport Operations (Passenger Transport) Act 1994.

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) – shed, pool house, carport, granny flat.

Residence does not include a residential aged care facility, corrective services facility or detention centre.

Residential aged care facility means a facility at which accommodation, and personal care or nursing care or both, are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under the Aged Care Act 1997 of the Commonwealth.

Resident has the meaning given in section 14 of the Residential Tenancies and Rooming Accommodation Act 2008.

Restricted business, activity or undertaking is defined in paragraph 29.

Restricted vulnerable facility means a hospital, residential aged care facility; or disability accommodation service that is restricted under the Queensland COVID-19 Restricted Areas Direction (No. 19) or successor.

Note: hospitals, residential aged care and disability accommodation services are currently restricted in the same 11 local government areas that are locked down areas.

Retail food service means a retail business which provides food and/or drink, whether pre-prepared or prepared on site. This includes, but is not limited to cafes, restaurants and fast-food outlets.

Shared disability accommodation service means a service, including the forensic disability service under the Forensic Disability Act 2011, where:

1. four or more people with disability reside with people who are not members of their family; and

2. the residents share enclosed common living areas within the facility whether inside or outside, and

3. the residents are provided with disability supports within the facility.

Stand-alone care service has the same meaning as ‘stand-alone service’ under the Education and Care Services Act 2013.

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.

Tenant has the meaning given in section 13 of the Residential Tenancies and Rooming Accommodation Act 2008.

Temporary accommodation means a private room or premises a person is staying in temporarily but does not include communal areas of an accommodation facility that other persons separate to the person’s booking may access.

Example – a person does not need to wear a mask in a hotel room or holiday apartment but would need to wear a mask in indoor communal areas of the facility unless excluded by this Direction.

Ticketed and allocated seating means fixed seating where a patron is:

1. given a record of their assigned seat number by way of a ticket; and

2. remains in their assigned seat to the extent possible while they are present at the venue or event.

Truck driver rest facility means businesses operating a truck driver lounge, truck driver room, or similar facility at a road side service centre or service station, which normally provide heavy vehicle drivers access to amenities such as food, showers, restrooms and facilities to undertake fatigue management breaks.

Vaccinated person means a person who has received the prescribed number of doses of a COVID-19 vaccine approved by the Therapeutic Goods Administration for use in Australia or endorsed by WHO-COVAX and the vaccination was obtained overseas.

Note: Information about the World Health Organization COVAX program and WHO emergency use listing is available here: WHO COVID-19 vaccines

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 apply to cruise vessels, private vessels, super yachts or recreational vessels.

Workplace means a place where a person is undertaking work on a paid or voluntary basis.

SCHEDULE 2 – LOCKED DOWN AREAS

Local Government Areas

Brisbane City Council

Gold Coast City Council

Ipswich City Council

Lockyer Valley Regional Council

Logan City Council

Moreton Bay Regional Council

Noosa Shire Council

Redland City Council

Scenic Rim Regional Council

Somerset Regional Council

Sunshine Coast Regional Council.

SCHEDULE 3 – BUSINESSES THAT MUST NOT OPERATE, UNLESS FOR A LIMITED PURPOSE IN COLUMN 2