Revoked - Restrictions for Impacted Areas Direction (No. 2)

This Direction was revoked on 22 January 2021, and is no longer in effect.

Summary

Effective from: 6pm AEST 11 January 2021 to 22 January 2021

Posted: 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)

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 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.

Citation

1. This Public Health Direction may be referred to as the Restrictions for Impacted Areas Direction (No. 2).

Commencement and application

2. This Direction applies from 6.00pm on 11 January 2021 until 1.00am on 22 January 2021, unless it is revoked or replaced.

3. 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 –MOVEMENT AND GATHERING

Outdoor gatherings of up to 20 persons

4. A person must not attend a gathering of more than 20 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

5. Subject to paragraphs 6 and 7, 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 20 people including the members of the person’s household at the residence.

   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.

6. Paragraph 5 does not prevent workers or volunteers entering a place of residence and they are not counted for the purpose of paragraph 5.

7. Paragraph 5 does not apply to a residential aged care facility, hospital or shared disability accommodation service.

   Note – The Aged Care Direction (No. 18), the Disability Accommodation Services Direction (No. 9) and the Hospital Visitors Direction (No. 12) or their successors restrict visitors to those facilities. Other Public Health Directions may be made applying to other types of facilities.

8. 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 20 persons in non-residences

9. A person who owns, controls or operates a premises, other than a residence, must not organise or allow a gathering of more than 20 people to occur on the premises.

   Example – vacant land, empty warehouse.

Physical distancing

10. 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

11. 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 2 — DIRECTION –RESTRICTED BUSINESSESS, ACTIVITIES AND UNDERTAKINGS

12. A restricted business, activity or undertaking is a business, activity or undertaking specified in column 1 of Schedule 3.

13. 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, may operate the business, activity or undertaking in accordance with:

    1. any restrictions listed in column 2 of Schedule 3; and

    2. the occupant density requirements in paragraph 15; and

    3. the COVID Safe Framework (see paragraph 17); and

    4. public health controls.

14. Where an Approved Plan, COVID Safe Checklist or COVID Safe Event Checklist refers to a requirement that is different to a requirement in this Direction, the requirement in this Direction prevails to the extent of any inconsistency.

    Example – an Approved Plan 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.

Occupant density requirements

15. 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 following occupant density requirements:

    Indoors

    1. no more than one person per 2 square metres (up to a maximum of 50 people) for indoor venues or spaces of 200 square metres or less; or

    2. no more than one person per 4 square metres for indoor venues or spaces over 200 square metres; or

    Outdoors

    1. no more than one person per 2 square metres for outdoor venues or spaces.

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

16. If a business, activity or undertaking is required to maintain a 2 or 4 square metre occupant density requirement, this applies to areas of the business that are open to or used by the public.

    Example - for a cafe or restaurant, the dining area, but not the kitchen.

COVID Safe Framework

17. The COVID Safe Framework is:

    1. where there is an Approved Plan for the business, activity or undertaking - the Approved Plan; or

       Note – an Approved Plan remains valid and does not require further approval by the Chief Health Officer or a delegate where it is updated to reflect changes to the Direction.

       Note – an Approved Plan is either a COVID Safe Industry Plan, a Site Specific COVID Safe Plan, a COVID Safe Professional Sporting Code Plan, or a COVID Safe Event Plan approved by the Chief Health Officer or delegate.

    2. where there is no Approved Plan for the business, activity or undertaking - a COVID Safe Checklist (if applicable) or a COVID Safe Event Checklist; or

    3. where the business elects not to operate under an Approved Plan (despite one being applicable) – an applicable COVID Safe Checklist for a maximum of 50 people; or

       Example – a small café may prefer to operate under the COVID Safe Checklist for dining and drinking in venues rather than an Approved Plan.

    4. where there is no applicable Approved Plan, COVID Safe Checklist or COVID Safe Event Checklist a person who owns, controls or operates a restricted business, activity or undertaking must –

       1. operate for a maximum of 50 people with no more than one person per 4 square metres, unless otherwise specified in column 2 of Schedule 3; and

       2. collect and keep contact information; and

       3. ensure physical distancing is observed; and

       4. operate the business, activity or undertaking in accordance with all other requirements of this Direction.

18. The Chief Health Officer or delegate may amend or impose conditions on an Approved Plan.

Collection of contact information

Requirements for Businesses in Schedule 3A

Electronic collection of contact information

19. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 3A must electronically collect and keep contact information about all guests, patrons and staff at the time they enter the premises unless otherwise specified. If requested, this information must be provided to a public health officer within a stated time.

    Example – collecting and keeping contact information electronically may include using a QR code or another electronic method of recording information.

    Note – see the definition of contact information in Schedule 1 for further record keeping requirements.

    Note – the requirements in paragraphs 19 to 23 apply to a restricted business, activity or undertaking to the extent it operates a business listed in Schedule 3A, regardless of whether the business forms part of a business listed in Schedule 3B. For example, a restaurant in a casino or café in a gallery must comply with this requirement.

20. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 3A may collect contact information using another method (for example, a paper-based form) if:

    1. a guest, patron or staff member cannot provide the required contact information electronically; or

       Example – a person may be unable to use an electronic sign in system due to age, disability or language barriers.

       Example – another method may include a staff member entering contact information using a QR code on behalf of a patron who is unable to do so.

    2. it is not possible to collect the information electronically due to unexpected circumstances; and

       Example – unexpected circumstances may include temporary issues with an internet service or breakdown in the electronic system.

    3. the information is transferred and kept electronically in accordance with paragraph 21.

21. Where contact information is collected in accordance with paragraph 20, the person who owns, controls or operates the restricted business, activity or undertaking must transfer the information to an electronic system as soon as reasonably practicable but within 24 hours.

Non-electronic collection of contact information

22. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 3A that does not electronically collect and keep contact information about all guests, patrons and staff in accordance with paragraphs 19 to 21 must:

    1. collect and keep contact information about all guests, patrons and staff at the time of entry using another method; and

       Example - alternative means of collecting and keeping contact information may include paper-based forms.

    2. operate with an occupant density limit of one person per 4 square metres.

       Note – businesses that do not use electronic sign in may only have one person per 4 square metres in indoor and outdoor spaces regardless of the size of the venue.

       Note – where contact details are collected non-electronically in accordance with this paragraph, the requirements in paragraph 22(b) apply despite differing requirements set out elsewhere in the Direction or the COVID Safe Framework.

       Note – paragraph 22 applies where a restricted business, activity or undertaking listed in Schedule 3A does not comply with paragraphs 19-21. For example, if a business collects contact information on a paper-based form on the basis of the circumstances outlined in paragraph 20(a) or (b) but does not maintain an electronic system or transfer the information to an electronic system as required under paragraph 21.

Takeaway Food or Home Delivery

23. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 3A that provides takeaway food or home delivery is not required to collect contact information from takeaway or home delivery patrons.

    Note – a business such as a café or fast food outlet listed in Schedule 3A must collect contact information from dine in patrons.

Requirements for Businesses in Schedule 3B

24. A person who owns, controls or operates a restricted business, activity or undertaking listed in Schedule 3B must collect and keep contact information about all guests, patrons and staff at the time they enter the premises unless otherwise specified. If requested, this information must be provided to a public health officer within a stated time.

    Note – see the definition of contact information in Schedule 1 for further record keeping requirements.

Seated patrons

25. A person who owns, controls or operates a restricted business, activity or undertaking that serves food or drink must operate for seated patrons only.

    Example – bar, restaurant, café, pubs.

Buffet self-service

26. A person who owns, controls or operates a restricted business, activity or undertaking that serves food must not allow food to be served via self-service buffet.

    Example – café, restaurant, hotel, RSL, casino.

    Note – also see buffet self-service restrictions in paragraph 29.

Dancing

27. A person who owns, controls or operates a restricted business, activity or undertaking 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 may allow dancing at a:

    1. wedding; or

    2. dance studio or dance class.

Non-Restricted Businesses, Activities and Undertakings

29. A non-restricted business, activity or undertaking that serves food must not allow food to be served via self-service buffet.

    Examples – a work site, residential aged care facility or canteen.

30. A non-restricted business, activity or undertaking may otherwise operate as normal, with physical distancing observed and subject to any other requirements in this Direction.

PART 3 — FACE MASKS

31. This part applies to a person who:

    1. is in an impacted area; or

    2. has been in an impacted area at any time from 7.00am 2 January 2021 unless 14 days have passed since the person was last in an impacted area.

32. A person mentioned in paragraph 31 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:

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

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

       2. 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. are in an indoor space; or

       4. are entering, exiting or inside a Major Sports Stadium, unless the person is seated; or

       5. have any symptoms consistent with COVID-19; or

       6. 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 in Airports and on Aircraft Direction or its successors, a person must wear a face mask at all times while on a domestic commercial aircraft flying in Queensland airspace.

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

33. The requirements under paragraph 32 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 a residence, temporary accommodation or a workplace, unless the person cannot practise physical distancing in the workplace or if required by another Public Health Direction in effect under section 362B of the Public Health Act 2005; or

       Note – the Aged Care Direction (No. 18) or its successors requires staff to wear face masks in certain circumstances.

       Note – see definition of workplace – staff at a retail food service must wear masks if they interact with patrons.

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

    4. to school students onsite at an education premises or attending outside school hours care; or

       Example – vacation care.

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

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

    7. 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

    8. 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.

    9. 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

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

        Examples – teaching, lecturing, learning, or live broadcasting.

    11. to a person who is a patron at a retail food service, but not a food court; or

        Example – cafes, restaurants, bars and pubs.

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

    13. 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

    14. 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

    15. 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

    16. 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.

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

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

    18. 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.

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

    20. for emergency purposes; or

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

    21. if required or authorised by law; or

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

34. A person who removes their face mask under paragraph 33 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 – EXEMPTIONS

35. 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 2.

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

PART 5 – 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

11 January 2021

Published on the Queensland Health website at 6.24pm AEST 11 January 2021.

SCHEDULE 1 – DEFINITIONS

For the purposes of this Public Health Direction:

Approved Plan is a COVID Safe Industry Plan, a Site Specific COVID Safe Plan, a COVID Safe Professional Sporting Code Plan or a COVID Safe Event Plan approved by the Chief Health Officer or a delegate. Approved Plans can be accessed on the Queensland Government website here.

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

Contact information means information that is:

1. the name, phone number, email address or a residential address if an email address is unavailable, and the date and time period of guests, patrons and staff; and

2. securely stored, not used for any other purpose; and

3. deleted after not less than 30 days and not more than 56 days.

   Note – businesses must take reasonable steps to ensure that the contact information collected is accurate.

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

COVID Safe Checklist means the applicable COVID Safe Checklist published on a Queensland Government website for the type of business, activity or undertaking.

See https://www.covid19.qld.gov.au/

Note – COVID Safe Checklists continue to apply.

COVID Safe Event Checklist means the applicable checklist forming part of the Industry Framework for COVID Safe Events published on a Queensland Government website.

See https://www.covid19.qld.gov.au/government-actions/covid-safe-events

COVID Safe Event Plan means a COVID Safe Plan developed for events by the event organiser and approved by local public health units or the Chief Health Officer.

COVID Safe Industry Plan means a COVID Safe Plan developed by an industry body based on best practice to allow industry to have additional customers on business premises.

COVID Safe Professional Sporting Code Plan means a COVID Safe Plan for a professional sporting code of national significance.

COVID Safe Site Specific Plan means a site-specific COVID Safe Plan for unique and/or large businesses.

Example – a theme park, zoo, state art gallery, concert venue or casino.

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 20 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 transport infrastructure;

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;

5. 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;

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

7. at a court or tribunal;

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

9. at a business, activity or undertaking operating in accordance with, or not restricted under this Direction;

10. 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;

11. 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;

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

    Example – Queen Street Mall

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

    Example – Central Station

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

Health management plan means a plan to manage preventing the transmission of COVID-19 amongst employees, seasonal workers and the community that complies with the requirements specified by the Chief Health Officer.

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 or the City of Brisbane 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: The Gabba, Suncorp 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.

Occupant density see paragraph 15.

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.

Primary education means education offered in the preparatory year and years 1 to 6.

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.

   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.

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 2003.

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 12.

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.

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.

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 but does not include a commercial passenger vehicle or a retail food service to the extent that staff interact with patrons.

Example – kitchen staff at a café who do not interact with patrons do not need to wear a mask, however wait staff must wear a mask.

SCHEDULE 2 – IMPACTED AREAS

Local Government Areas

Brisbane City Council

Ipswich City Council

Logan City Council

Moreton Bay Regional Council

Redland City Council

Schedule 3