Superseded - Restrictions for Impacted Areas Direction
This direction has been superseded on 11 January 2021. See the current Restrictions for Impacted Areas (No. 15) (SEQ eased restrictions Stage 3) Direction.
Superseded on: 11 January 2021
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 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.
This Public Health Direction may be referred to as the Restrictions for Impacted Areas Direction.
Commencement and application
This Direction applies from 6.00pm on 8 January 2021 until 6.00pm on 11 January 2021, unless it is revoked or replaced. To the extent of any inconsistency between this Direction and another public health direction made under section 362B of the Public Health Act 2005, this Direction prevails.
PART 1 — DIRECTION – HOME CONFINEMENT AND MOVEMENT
Home confinement requirements in impacted areas
A person who resides in an impacted area must not leave their principal place of residence except for, and only to the extent reasonably necessary to accomplish, the following permitted purposes, within the impacted area:
to obtain food or other essential goods or services;
to obtain medical treatment or other health care services;
to engage in physical exercise;
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 paragraph 6;
to visit a terminally ill relative;
to attend a funeral or wedding, subject to any applicable restrictions under this Direction;
to provide assistance, care or support to an immediate family member;
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;
to attend a school, university, or other educational institution, to the extent instruction or care cannot reasonably be obtained in the person’s principal place of residence;
to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;
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
avoiding 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
to comply with or give effect to the exercise of a power or function of a government agency or entity under a law.
PART 2 — DIRECTION – GATHERING
Outdoor gatherings of up to 2 persons or with members of household
Subject to paragraph 5, a person who leaves their principal place of residence for a permitted purpose under paragraph 3 may be accompanied by members of their household or, alternatively, by no more than one person who is not a member of their household.
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 3 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.
Receiving 2 visitors at a residence
Subject to paragraphs 7 to 9, a person who is an owner, resident, tenant, occupier, temporary occupier or person in control of a residence may allow up to two visitors who are not ordinarily members of the person’s household.
Example – visitors who are family members or close friends
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.
Paragraph 6 does not prevent workers or volunteers entering a principal place of residence and they are not counted as visitors for the purpose of paragraph 6.
Paragraph 6 does not apply to a residential aged care facility, hospital, shared disability accommodation service, approved family day care service or stand-alone care service. Paragraph 6 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 Aged Care Direction (No. 18) or its successors, the Disability Accommodation Services Direction (No. 9) or its successors and the Hospital Visitors Direction (No. 12) or its successors restrict visitors to those facilities. Other Public Health Directions may be made applying to other types of facilities.
Paragraph 6 does not apply to a residence of a person with disability if it is necessary for more than two people to attend the residence to provide services to the person with disability to meet their support needs.
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 visitors to, the premises to practise physical distancing to the extent reasonably practicable.
Gatherings in non-residences
A person who owns, controls or operates premises, other than a residence, must not organise or allow a gathering to occur on the premises.
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.
Quarantine and self-isolation
A person who is required to quarantine or self-isolate 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 or self-isolate and may not leave the premises in which they are quarantining or self-isolating unless permitted under the terms of those orders or directions.
PART 3 — DIRECTION – NON-ESSENTIAL BUSINESSESS, ACTIVITIES AND UNDERTAKINGS
A non-essential business, activity or undertaking is a business, activity or undertaking specified in column 1 of Schedule 3.
A person who owns, controls or operates a non-essential business, activity or undertaking in an impacted area, including operating at a private residence, must not operate the business, activity or undertaking, subject to the exceptions listed in column 2 of Schedule 3.
Despite paragraph 15, a person who owns, controls or operates a non-essential business, activity or undertaking in an impacted area may continue to do so online or through the internet.
Example – a business selling goods or providing services online or a personal trainer who offers personal training sessions online.
A person who owns, controls or operates a business, activity or undertaking in an impacted area that is not specified in Schedule 3 of this Direction but is a restricted business, activity or undertaking under the Restrictions on Businesses, Activities and Undertakings Direction (No. 12) or its successor must comply with the requirements in that Direction.
Example – hostels, bed and breakfasts, backpackers, universities and other higher education facilities.
A person who owns, controls or operates a non-essential business, activity or undertaking in an impacted area that provides takeaway services must take reasonable steps to:
ensure physical distancing of people can be accommodated, implemented and monitored by employees or contractors of the retail food service provider; and
ensure a gathering for the purposes of ordering or collecting food does not exceed one person per 4 square metres; and
only operate to the extent they are not promoting or facilitating persons consuming takeaway food or drink on or adjacent to their premises.
Example: tables and chairs should be removed and all reasonable steps taken by the retail food service to direct persons away from gathering to consume takeaway food or drink on or adjacent to, the relevant premise.
PART 4 — DIRECTION – RESTRICTED ACCESS TO AND FROM IMPACTED AREAS
A person must not enter an impacted area unless the person:
is entering for a permitted purpose under paragraph 3, except for paragraph 3(a), (c) or (e); or
is entering to go directly to stay at a residence in the impacted area; or
is entering to fulfil an obligation relating to shared parenting or child contact; or
is required to perform work or volunteering in an impacted area, or carry out or conduct an essential business, activity or undertaking in an impacted 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 impacted area; or
arrives at an airport in an impacted area by air and the person:
transfers directly to another flight to leave an impacted area without leaving the confines of the airport; or
quarantines until the time of their flight to leave the impacted area; or
transits directly by road using private transport to leave an impacted area without leaving the vehicle; or
arrives in an impacted area by road and uses private transport to travel directly from their point of arrival to an airport in an impacted area, and does not leave the vehicle in the impacted area, other than to depart the impacted area by air; or
is transiting through the impacted area by road using private transport and does not leave the vehicle while in the impacted area; or
is entering an impacted area to obtain essential health care, or as a support person to a person obtaining essential health care and provides written evidence from the health care provider of the time and place in the impacted area that the health care is to be provided; or
Example – a parent bringing a child for treatment at the Queensland Children's Hospital will need to provide evidence of the appointment such as a letter from the hospital.
is entering an impacted area as a passenger of an ambulance, aeromedical service or other emergency medical transport; or
is entering to avoid injury or illness or escape risk of harm; or
has been granted an exemption from the Chief Health Officer, Deputy Chief Health Officer or their delegate under paragraph 27 permitting the person to enter.
Any person who is in an impacted area from the commencement of this Direction or who is permitted to enter an impacted area under paragraph 19 may also leave the impacted area for:
any of the reasons listed in paragraph 19; or
if directed to leave by an emergency officer (public health) in response to an emergency or serious situation; or
the person has been granted an exemption by the Chief Health Officer, Deputy Chief Health Officer or their delegate under paragraph 26.
A person permitted to enter an impacted area under paragraph 19 must comply with all other requirements under this Direction while in the impacted area.
A person permitted to leave an impacted area must continue to abide by the requirements of this Direction when outside the impacted area, including the restrictions on home confinement, gathering, receiving visitors and wearing a face mask.
For example, a person who lives on the Gold Coast but works in Brisbane may only leave their residence in the Gold Coast for the purposes listed in paragraph 3 and must wear a mask while outside their residence while shopping in the Gold Coast.
PART 5 — FACE MASKS
A person must wear a face mask at all times when a person is outside of a principal place of residence in an impacted area.
The requirement to wear a face mask under paragraph 23 does not apply:
to infants and children aged 12 and under; or
to a person who is affected by a medical condition, mental health condition or disability that may be made worse by wearing a face mask, including problems with their breathing, a serious condition of the face, a disability or a mental health condition; or
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
to a person who has past experiences of trauma and are unable to wear a face mask due to psychological impacts; or
to a person for whom wearing a face mask would create a risk to that person’s health and safety related to their work, as determined through Occupational Health and Safety guidelines; or
to a person being married while in the process of being married; or
during an emergency.
Despite paragraph 23, a person may remove a face mask the person is otherwise required to wear when:
eating or drinking; or
engaging in work that requires clear enunciation or visibility of their mouth; or
directed to remove the face mask to ascertain identity.
Examples for paragraph 24(b) includes teaching or live broadcasting.
A person who removes their face mask under paragraph 25 must resume wearing the face mask as soon as practicable after the circumstance ends.
PART 6 – EXEMPTIONS
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 3.
An exemption may be given on conditions and if so, the person given the exemption must comply with the conditions.
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.
Dr Jeannette Young
Chief Health Officer
8 January 2021
Published on the Queensland Health website at 6:10 pm
SCHEDULE 1 – DEFINITIONS
For the purposes of this Public Health Direction:
Approved family day care service has the same meaning as in the Education and Care Services National Law (Queensland).
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 column 1 of Schedule 3 of this Direction.
Essential goods or services means good or services obtained from an essential business, activity or undertaking.
Essential health care means health care that is:
a Queensland Children's Hospital appointment, confirmed in writing by the hospital; or
an appointment at a Hospital and Health Service or associated outreach location, confirmed in writing by the service; or
an appointment at a Queensland private health facility or an ancillary clinic or service, confirmed in writing by the service; or
an appointment at an Aboriginal and Torres Strait Islander Community Controlled Health Service, confirmed in writing by the service; or
an appointment with a prescribed health practitioner at another premises, confirmed in writing by the practitioner or provider.
Note: An appointment with a prescribed health practitioner may include services provided by a registered NDIS provider under an agreed NDIS Plan. An appointment at an ancillary clinic or service may include an appointment at a rehabilitation service.
Essential road user means a person to whom (a) to (d) applies:
The person is required to leave their place of residence to:
perform work or volunteering or carry out or conduct an essential business, activity or undertaking; or
to comply with or give effect to the exercise of a power or function of a government agency or entity under a law;
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;
The person cannot reasonably return to their place of residence, business, work or undertaking to partake in a meal; and
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).
Gathering means a gathering of more than two persons in a single undivided outdoor space or indoor space at the same time, but does not include a gathering:
at an airport that is necessary for the normal business of the airport;
for the purposes of or related to public transportation, including in vehicles or at public transportation facilities such as stations, platforms and stops;
at a medical or health service facility that is necessary for the normal business of the facilities;
for the purposes of emergency services;
at a residential aged care facility or residence of a person with a disability, that is necessary for the normal business of the facility or residence;
at a prison, corrective services facility, detention centre or other place of custody;
at a court or tribunal;
at Parliament for the purpose of its normal operations;
at an essential business, activity or undertaking;
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;
at a school, university, educational institution or childcare facility, including a family day care service or stand-alone care service, that is necessary for the normal business of the facility;
at an outdoor place where persons may be present for the purposes of transiting through the place;
Example – Queen Street Mall
at an indoor place where persons may be present for the purposes of transiting through the place;
Example – Central Station
specified as exempt from this direction by the Chief Health Officer in writing.
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.
Impacted 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 (Qld).
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:
permanent or temporary; or
open or closed.
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:
for a person who permanently resides in Queensland, the residence where the person ordinarily resides; or
for a person who temporarily resides in Queensland, the residence where the person ordinarily resides when the person in present in Queensland.
Example – a principal place of residence includes a home where family relatives from another State or Territory are staying temporarily at the time of commencement of this Direction.
Prescribed health practitioner means a person registered to provide the following services:
dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);
medical radiation practice;
services as a registered NDIS provider under an agreed NDIS plan.
Private transport means a:
private vehicle; or
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
if travel by (a) or (b) is not available, a taxi or ride share sitting in the back seat on the passenger side.
Qualified massage therapist means a massage therapist who:
holds a relevant qualification (minimum AQF level 5 (Diploma)) under the Australian Qualifications Framework;
Example – Diploma of Remedial Massage or Bachelor of Health Science (Myotherapy)
is a member of a professional organisation within the meaning of section 10 of the Private Health Insurance (Accreditation) Rules 2011 (Cwlth); and
holds approved provider status with one or more private health funds.
Queensland private health facility means a facility licensed under the Private Health Facilities Act 1999.
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:
a single detached dwelling;
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.
a manufactured home as defined in section 10 of the Manufactured Homes (Residential Parks) Act 2003;
a caravan as defined in section 7 of the Residential Tenancies and Rooming Accommodation Act 2008;
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 has the same meaning as in the Restrictions on Businesses, Activities and Undertakings Direction (No. 12), or its successor.
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.
Stand-alone care service has the same meaning as ‘stand-alone service’ under the Education and Care Services Act 2013.
Tenant has the meaning given in section 13 of the Residential Tenancies and Rooming Accommodation Act 2008.
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.
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.
SCHEDULE 2 – IMPACTED AREAS
Local Government Areas
Moreton Bay Regional
| Column 1 |
Non-essential business, activity, undertaking, premises or place
|Food and drink|
|Retail food services (including cafes, restaurants, fast-food outlets)|
|Pubs, registered and licensed clubs, RSL clubs, function centres, bars, wineries, distilleries and microbreweries, and licensed premises in hotels|
Example – golf and tennis
|Real estate auctions and open house inspections|
|Outdoor and indoor markets|
|Beauty and personal care services|
Example – physiotherapists and chiropractors
|Casinos, gaming or gambling venues including wagering outlets that are open to, and accessible by, members of the public|
|Major Sports Stadiums|
|Concert venues, theatres, auditoriums and cinemas|
|Convention centres and show grounds|
Indoor and outdoor events
(Example – marathons, cultural festivals, fetes, expos)
|Theme parks, outdoor amusement parks, tourism experiences and arcades|
|Indoor play centres and unattended children’s rides and games in retail premises|
|Leisure and recreation|
|Boot camps, personal training|
Note – the two person limit includes the person conducting the training, such as a personal trainer.
|Gyms, health clubs, fitness centres, yoga, barre, spin facilities and dance studios|
|Indoor sporting centres and venues|
|Social sporting-based activities|
|Community sports clubs|
|Public playgrounds, skate parks, BMX tracks and outside gyms, including static exercise equipment in Council parks|
|Public barbeques (such as barbeques in public spaces or shared facilities)|
|Zoos, aquariums and wildlife centres|
|Galleries, museums, national and state institutions and historic sites|
|State and local government libraries|
|Community facilities (such as community centres and halls, recreation centres, youth centres, community clubs, RSLs, PCYCs)|
|Other religious and civil ceremonies, places of worship (excluding wedding ceremonies and funerals)|
|Professional and elite sport|
|Professional sporting codes, elite sport, elite athletes|
|High risk businesses, activities and undertakings|
|Adult entertainment venues (strip clubs), brothels, sex on premises venues and sole operator sex workers|
Example – video streaming or phone chat services.