Superseded - Restrictions for Impacted Areas (No. 12) (SEQ eased restrictions Stage 1) Direction

This direction has been superseded on 11 August 2021. See the current Restrictions for Impacted Areas (No. 19) Direction.

Summary

Effective from: 6.10pm 8 August 2021

Posted: 8 August  2021

Superseded on: 11 August 2021

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

Public Health Act 2005 (Qld)

Section 362B

On 29 January 2020, under the Public Health Act 2005, the Minister for Health and Minister for Ambulance Services made an order declaring a public health emergency in relation to coronavirus disease (COVID-19). The public health emergency area specified in the order is for ‘all of Queensland’. Its duration has been extended by regulation to 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 applies to:

1. people living in, or who have been in, or who reside with someone who has been in, an impacted area by requiring them to a wear face mask, restricting the number of visitors to their home, and limiting gatherings; and

2. businesses operating in an impacted area.

The impacted 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 Impacted Areas (No. 12) (SEQ eased restrictions Stage 1) Direction.

Revocation of Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 4)

2. The Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 4) made on 4 August 2021 is revoked and is replaced by this Direction from time of publication on 8 August 2021.

Commencement and application

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

   Note: restrictions have been in place in impacted areas since 1:00 am on 31 July 2021 and face masks have been required since 29 June 2021 under the revoked Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 4) and its predecessor directions.

4. To the extent of any inconsistency between this Direction and the Restrictions on Businesses, Activities and Undertakings Direction (No. 24), Movement and Gathering Direction (No. 11), or their successors, or another public health direction made under section 362B of the Public Health Act 2005, this Direction prevails.

PART 1 – DIRECTION – MOVEMENT AND GATHERING

5. This part applies to a person who is in an impacted area.

Outdoor gatherings of up to 10 persons

6. A person must not attend a gathering of more than 10 people in an outdoor space that is not a residence regardless of whether the people attending are members of the same household or not.

Receiving visitors at a residence

7. Subject to paragraphs 8 to 9, a person who is an owner, resident, tenant, occupier, temporary occupier or person in control of a residence must not organise or allow a gathering of more than 10 people including the members of the person’s household at the residence.

   Example – visitors who are family members or close friends

   Note – 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. If members of a household exceed 10 all household members can stay at the residence, but the household may not receive visitors, except for those permitted under paragraph 8 or paragraph 9.

8. Paragraph 7 does not prevent:

   1. workers or volunteers;

   2. a person providing assistance, care or support to an immediate family member or vulnerable dependant; or

   3. a person providing childcare, as part of an alternate childcare arrangement for a person; or

   4. a person escaping an emergency situation or a risk of injury;

   from entering a place of residence and they are not counted for the purpose of paragraph 7.

9. Paragraph 7 does not apply to a residential aged care facility, hospital or shared disability accommodation service. Paragraph 7 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  entry to those facilities. Other Public Health Directions may be made applying to other types of facilities.

10. 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 of up to 10 people in non-residences

11. A person who owns, controls or operates a premises, other than a residence, must not organise or allow a gathering of more than 10 people to occur on the premises.

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

Physical distancing

12. 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 2.

Quarantine

13. A person who is required to quarantine under another Public Health Direction or a direction of an emergency officer (public health) 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 2 – FACE MASKS

14. This part applies to a person who:

    1. is in an impacted area; or

    2. is not in an impacted area but has been in an impacted area at any time from 1.00am on 29 June 2021, unless 14 days have passed since the person was in the impacted area; or

    3. resides in the same household as a person who has been in an impacted area at any time from 1:00am on 29 June 2021, unless 14 days have passed since that person was in the impacted area.

    Note: face mask requirements have been in place for people in impacted areas since 1:00 am on 29 June 2021 under the Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 4) and its predecessors.

    See paragraph 32 for when a person has been in an impacted area.

15. A person mentioned in paragraph 14 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).

16. The requirements under paragraph 15 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 at a workplace does not need to wear a face mask.

    4. to a person in an outdoor space, including a workplace, if the person can maintain physical distance from people who are not members of their household;

    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 16(k) 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.

17. A person who removes their face mask under paragraph 16 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 3 – DIRECTION – RESTRICTED BUSINESSESS, ACTIVITIES AND UNDERTAKINGS IN IMPACTED AREAS

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

19. A person who owns, controls or operates a restricted business, activity or undertaking in an impacted area, including operating at a private residence, or in a public space, must, when operating the business, activity or undertaking:

    1. comply with the requirements of this Part including occupant density, collection of contact information, seated eating and drinking, COVID safe requirements, dancing restrictions and other requirements; and

    2. public health controls; and

    3. any exceptions to this Part listed in column 2 of Schedule 3.

20. 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 defined in the Restrictions on Business, Activities and Undertakings Direction (No. 24) or its successor must comply with the requirements in that Direction and subject to any other requirements in this Direction such as face masks.

    Example: a business offering retail goods and services such as a shopping centre or a supermarket, and a public facing government service such as a transport customer service centre, must continue to collect contact information.

    Note – nothing in this Direction is taken to allow a business to exceed the number of occupants permitted under regulations or legislation applying to the business such as fire safety, planning approvals or workplace health and safety regulations.

21. To the extent of any inconsistency:

    1. this Direction prevails over the Restrictions on Business, Activities and Undertakings Direction (No. 24); and

    2. this Direction prevails over a COVID Safe Checklist, COVID Safe Event Checklist, COVID Safe Site Specific Plan and 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 may only have one person per 4 square metres indoors in accordance with this Direction.

22. A non-restricted business, activity or undertaking in an impacted area may otherwise operate as normal, with physical distancing and public health controls observed to the extent possible and subject to any other requirements in this Direction such as face masks and other applicable public health directions.

    Note: See Definitions Schedule 1 –a non-restricted business, activity or undertaking means a business, activity or undertaking that is not restricted under Schedule 1 of the Restrictions on Businesses, Activities and Undertakings Direction (No. 24) or its successor.

Occupant density requirements

23. Occupant density means:

    Indoor spaces

    1. in an indoor space of 200 square metres or less, no more than 1 person per 2 square metres (up to a maximum of 50 people) for areas open to or used by guests or patrons; and

    2. in an indoor space over 200 square metres, the greater of –

       1. no more than 1 person per 4 square metres for areas open to or used by guests or patrons; or

       2. up to 50 per cent of seated venue capacity provided all guests or patrons are in ticketed and allocated seating.

       Example for paragraph b(i) of an area open to or used by guests - for a cafe or restaurant, the dining area, but not the kitchen. Example for paragraph b(ii) – for a conference, the area used by guests and patrons to access the conference.

    Outdoor spaces

    1. for outdoor spaces or venues, the greater of –

       1. no more than one person per 2 square metres for areas used by guests or patrons; or

       2. up to 50 per cent of seated venue capacity provided all guests or patrons are in ticketed and allocated seating.

       Example – outdoor venues and spaces include outdoor dining, beer gardens, theme parks and zoos.

    Wedding ceremonies and funerals

    1. for wedding ceremonies and funerals, density is limited to a maximum of 20 people irrespective of occupant density.

Seated patrons

24. A person who owns, controls or operates a restricted business, activity or undertaking in an impacted area that serves food or drink must operate for seated patrons only, including operating in an outdoor space.

    Example – bar, restaurant, café, pubs.

COVID Safe Checklist

25. A person who owns, controls or operates a restricted business, activity or undertaking in an impacted area must operate the business, activity or undertaking in accordance with the COVID Safe Checklist, COVID Safe Professional Sporting Code Plan or COVID Safe Site Specific Plan, for an event, the COVID Safe Event Checklist unless a different plan or checklist is specified in Schedule 3 and subject to paragraph 21.

    Note – see paragraph 21 which states that the occupant density and other requirements in this Direction prevail to the extent of any inconstancy with a COVID Safe Checklist or Plan. For example, a COVID Safe Checklist may refer to an occupant density of one person per two square metres in settings such as restaurants. However, a restaurant may only have one person per 4 square metres indoors in accordance with this Direction.

Collection of contact information

26. A person who owns, controls or operates a restricted business, activity or undertaking in an impacted area must collect contact information in accordance with the Restrictions on Businesses, Activities and Undertakings Direction (No. 24), or its successor, including for customers accessing a takeaway service.

    Note: the Restrictions on Businesses, Activities and Undertakings Direction (No. 24), requires businesses to use the Check In Qld app (exceptions apply in certain circumstances). Contact information is not required when delivering food or drink to a person at their home or other place.

Dancing

27. A person who owns, controls or operates a restricted business, activity or undertaking in an impacted area must not operate an area for dancing.

    Example – a nightclub must not operate an area for dancing but may use the space for seated dining or drinking.

28. Despite paragraph 27, a person who owns, controls or operates a restricted business, activity or undertaking in an impacted area may allow dancing at a:

    1. wedding ceremony or wedding reception, limited to a maximum of 20 people; or

    2. dance studio or dance class, subject to occupant density; or

    3. performers as part of a performance.

PART 4 – EXEMPTIONS

29. 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 for a requirement under Part 3.

30. The Chief Health Officer may give an exemption from a requirement under Part 3 where it has been applied for by an association or representative body on behalf of its members if extreme exceptional circumstances exist.

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

PART 5 – OTHER MATTERS

31. A person is taken to have been in an impacted area unless the person only:

    1. arrived in an impacted area by air for the sole purpose of:

       1. transiting through an airport in the impacted area, wore a face mask at all times 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 impacted area without exiting their vehicle, except to stop for essential fuel and fatigue management while wearing face mask at all times; or

    2. arrived in an impacted area by road and used private transport to travel directly to the relevant terminal entrance of an airport in an impacted area, did not stop in the impacted area until arriving at the terminal entrance except for essential fuel and fatigue management while wearing a face mask, to depart the impacted area by air; or

    3. transited through the impacted area by road using private transport and did not exit their vehicle while in the impacted area except for essential fuel and fatigue management and wore a face mask at all times when outside their vehicle.

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

PART 6 – PENALTIES

A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.

Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

• A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
• Maximum penalty—100 penalty units or 6 months imprisonment.

Dr Jeannette Young
Chief Health Officer

8 August 2021

Published on the Queensland Health website at 6:10 pm

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.

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

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.

Contact information means the contact information collected in accordance with the Restrictions on Businesses, Activities and Undertakings Direction (No. 24) or its successor.

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. 24) or its successors.

COVID Safe Event Checklist has the same meaning as Restrictions on Businesses, Activities and Undertakings Direction (No. 24) or its successors

COVID Safe Professional Sporting Code Plan has the same meaning as Restrictions on Businesses, Activities and Undertakings Direction (No. 24) or its successors.

COVID Safe Site Specific Plan has the same meaning as Restrictions on Businesses, Activities and Undertakings Direction (No. 24) or its successors.

For example – a casino or major sports stadium.

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.

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 more than 10 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. 24), or its successor, 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 normal business of the facility;

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

    Example – Central Station

16. 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.

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.

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.

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 1 of the Restrictions on Businesses, Activities and Undertakings Direction (No. 24) or its successor.

Note – a non-restricted business must comply with applicable public health directions, including requirements for face masks in this Direction.

Occupant density see paragraph 23.

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.

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.

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

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.

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.

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.

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.

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

SCHEDULE 2 – IMPACTED 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 – RESTRICTED BUSINESSES, ACTIVITIES AND UNDERTAKINGS