Superseded - Restrictions on Businesses, Activities and Undertakings Direction (No. 2)

Summary

Effective from: 6:00am on 16 June 2020

Posted: 15 June 2020

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 17 August 2020 and may be further extended.

Further to this declaration, l, Dr Jeannette Young, Chief Health Officer, reasonably believe it is necessary to give the following directions pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Preamble

  1. This Public Health Direction replaces the Public Health Direction referred to as the Restrictions on Businesses, Activities and Undertakings made on 31 May 2020 and is the successor of that Direction.
  2. This Public Health Direction is to be read in conjunction with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.

Citation

  1. This Public Health Direction may be referred to as the Restrictions on Businesses, Activities and Undertakings Direction (No.2).

Revocation

  1. The Restrictions on Businesses, Activities and Undertakings Direction made on 31 May 2020 is revoked from the time of publication.

PART 1 — DIRECTION — RESTRICTIONS ON BUSINESSES, ACTIVITIES AND UNDERTAKINGS

  1. This Public Health Direction applies from 6:00 am on 16 June 2020 until the end of the declared public health emergency, unless it is revoked or replaced.
  2. A person who owns, controls or operates a restricted business, activity or undertaking in the State of Queensland, including operating at a private residence, may operate the business, activity or undertaking to the extent permitted in Column 2 of the table at paragraph 14.
  3. Despite paragraph 6, a person who owns, controls or operates a restricted business, activity or undertaking may operate with more than the maximum number Column 2 if they operate in compliance with:
    1. an Industry COVID SAFE Plan, a Site Specific COVID SAFE Plan, or a Professional Sporting Code COVID SAFE Plan as approved by the Chief Health Officer or a delegate; and
    2. any conditions set out in the relevant plan or any conditions imposed by the Chief Health Officer or a delegate; and
    3. any additional conditions provided in this Direction.
  4. Despite paragraphs 6 and 7, a person who owns controls or operates a restricted business, activity or undertaking may continue to do so online or through the internet.

    Example – a business selling goods or providing services online.

  5. A business, activity or undertaking that is not listed in this Direction may operate as normal, with social distancing observed and subject to any other applicable Public Health Directions.
  6. A person who owns, controls or operates a restricted business, activity or undertaking must ensure social distancing is observed to the extent possible and there is no more than one person per 4 square metres, unless otherwise specified.
  7. If a business, activity or undertaking is required to maintain a 4 square metre requirement, this applies to areas of the business that are open to or used by the public (for example, for a cafe or restaurant, the dining area, but not the kitchen).
  8. Where multiple businesses, activities or undertakings operate in one premises/venue, the total number of patrons allowed is 20 people, and more with an approved COVID SAFE Plan.
  9. A person who owns, controls or operates a restricted business, activity or undertaking must keep contact information about all guests and staff for contact tracing purposes for a period of 56 days, unless otherwise specified. This information must include: name, address, mobile phone number and the date/time period of patronage. If requested, this information must be provided to public health officers. The information should be securely stored, not used for any other purpose and deleted after 56 days.
  10. For the purposes of this Public Health Direction:

    11. Restricted business, activity or undertaking means a business, activity, undertaking, premises or place listed in Column 1 to the extent permitted in Column 2:

Column 1
Business, activity, undertaking, premises or place		 Column 2
Restrictions
Food and drink
Cafes, restaurants, fast-food outlets (together retail food services)
  • up to 20 seated patrons at a time in compliance with a COVID SAFE checklist, with no more than one patron per 4 square metres and social distancing observed;
  • takeaway service and home delivery.

Must comply with the additional conditions provided in paragraphs 15 and 16 below.

Food courts May only operate for takeaway food and must comply with the additional conditions provided in paragraph 16 below.
Retail
Auction houses Auctions with up to 20 people. A maximum of 3 people can conduct the auction in addition to the 20 attendees.
Real estate auctions and open house inspections
  • Real estate auctions with up to 20 people. A maximum of 3 people can conduct the auction in addition to the 20 attendees.
  • Open house inspections may be conducted with a maximum of 20 people. A maximum of 3 people can conduct the open house inspection in addition to the 20 attendees.
Beauty and personal care services
Hairdressing

May operate.

Note – a hairdresser or barber shop that also provides beauty therapy or nail services outlined below is required to operate in compliance with a COVID SAFE checklist to the extent they provide those services.

  • Beauty therapy (for example, facials, makeup, waxing and laser treatments)
  • Nail services (including manicures, pedicures)
  • Tanning
  • Cosmetic injections
  • Personal appearance services where skin penetration is used (Example - tattooing, body piercing, skin implants, hair implants, microneedling)
  • Massage
  • Day spas and wellness centres

A business may operate in compliance with a COVID SAFE checklist to the extent it provides the services listed below and with a maximum of 20 customers at a time.

Permitted services:

  • Beauty therapy (for example, facials, makeup, waxing and laser treatments)
  • Nail services
  • Tanning
  • Cosmetic injections
  • Personal appearance services where skin penetration is used
  • Massage therapy for the management or prevention of a disease, injury or condition, provided by a qualified massage therapist
  • Day spas and wellness centres (excluding water-based spa services such as saunas and bathhouses)

Note – a hairdresser or barber shop that also provides beauty therapy or nail services outlined below is required to operate in compliance with a COVID SAFE checklist to the extent they provide those services.

Entertainment venues

Pubs, registered and licensed clubs, RSL clubs, licensed premises in hotels and bars

Community facilities (such as community centres and halls, recreation centres, youth centres, community clubs, PCYCs)

  • up to 20 seated patrons at a time in compliance with a COVID SAFE checklist, with no more than one patron per 4 square metres and social distancing observed;
  • takeaway food and home delivery.

Must comply with the additional conditions provided in paragraphs 15 and 16 below.

Must comply with the requirements for sporting-based activities, as described in ‘Social sporting-based activities’ below, noting that the venue is limited to 20 people in total.

Cinemas

Indoor cinemas are limited to 20 people at a time and must comply with the conditions provided in paragraph 17 below.

Drive in cinemas may operate. People should remain in their vehicles to the extent possible. Social distancing should be observed in common areas and shared facilities.

Nightclubs Nightclubs cannot operate.
Casinos, gaming or gambling venues including wagering outlets that are open to, and accessible by, members of the public
  • May operate for up to 20 seated patrons at a time in compliance with a COVID SAFE checklist, with no more than one patron per 4 square metres and social distancing observed.
  • takeaway food and home delivery.

Must comply with the additional conditions provided in paragraphs 15 and 16 below.

Wagering outlets that are open to, and accessible by, members of the public may operate for up to 20 people. No gaming machines.

Strip clubs, brothels, sex on premises venues and sole operator sex workers

Strip clubs, brothels, sex on premises venues and sole operator sex workers cannot operate.

Sole operator sex workers may continue to provide online or phone services.

Example – video streaming or phone chat services

Concert venues, theatres, arenas, auditoriums, stadiums, convention centres

Major outdoor events (Example – marathons, cultural festivals)

 Limited to 20 people at a time and must comply with the additional conditions provided in paragraph 18 below.
Theme parks, outdoor amusement parks, tourism experiences and arcades Limited to 20 people at a time and must comply with the additional conditions provided in paragraph 19 below.
Indoor play centres Limited to 20 people at a time.
Leisure and recreation
Boot camps, personal training Limited to 20 people indoor and outdoor including the personal trainer and must comply with the additional conditions provided in paragraph 20 below.
Indoor sporting centres, including gyms, health clubs, fitness centres, yoga, barre, spin facilities and dance studios Limited to up to 20 people at a time and must comply with the additional conditions provided in paragraph 21 below.
Social sporting-based activities, community sports clubs

Limited to 20 people for non-contact indoor and outdoor sporting-based activities.

Social sporting-based activities must comply with the additional conditions provided in paragraph 22 below.

Swimming pools

  • training/rehabilitation purposes
  • use of public pools for swimming lessons, recreational purposes, use of pools in shared facilities such as hotels and apartment complexes

Limited to 20 people at a time and must comply with the additional conditions provided in paragraph 23 below.

Note - Primary and secondary schools which use swimming pools and accompanying facilities for training purposes may continue to do so without a limit on the number of swimmers per lane or per pool.

Public artificial lagoons

For example, South Bank Parklands - Streets Beach, Cairns Esplanade Lagoon, Airlie Beach Lagoon

Limited to 20 people.

The additional conditions under paragraphs 10 and 13 do not apply.

Residential facilities
Hostels, bed and breakfasts, backpackers, boarding houses

Facilities must have a health management plan, unless the facility operates solely for permanent residents of the facility or health and community services. A facility that is required to have a health management plan must operate in compliance with the health management plan.

Facilities not required to have a health management plan must comply with the additional conditions under paragraphs 10 (in communal areas) and 13.

Example – Aboriginal hostels and boarding homes for people living with a disability or mental health issues are not required to have a health management plan.

Short term rentals and short term accommodation (for example, serviced apartments including holiday rentals, holiday accommodation or hosting accommodation provided through online booking platforms)

Facilities that offer shared bathroom or shared kitchen facilities to persons staying at the facility must have a health management plan and must operate in compliance with the health management plan. Facilities not required to have a health management plan must comply with the additional conditions under paragraphs 10 (in communal areas) and 13.

Outdoor recreation
Caravan and camping parks

Facilities must have a health management plan, unless the facility operates solely for permanent residents of the facility. A facility that is required to have a health management plan must operate in compliance with the health management plan. Facilities not required to have a health management plan must comply with the additional conditions under paragraphs 10 (in communal areas) and 13.

No school groups.

Campgrounds May operate. No school groups. The additional conditions under paragraphs 10 and 13 do not apply. However, social distancing should be observed to the extent possible.
Zoos and wildlife centres Limited to 20 people at a time and must comply with the additional conditions provided in paragraph 24 below.
Non-residential institutions

Galleries, museums, national and state institutions and historic sites

Limited to 20 people at a time and must comply with the additional conditions provided in paragraph 25 below.

State and local government libraries Limited to 20 people at a time and must have a plan to manage entry and exit to ensure social distancing and person density rules are applied.
Community facilities (such as community centres and halls, recreation centres, youth centres, community clubs, RSLs, PCYCs)

Community facilities that provide community services may continue to operate to the extent they provide such services, including:

  • Community hubs in remote communities may continue to operate if they are essential for distributing health or medical information or education to the community, with social distancing observed.
  • Community facilities may continue to operate if they provide formal out of school hours care, with social distancing observed.
  • Facilities may remain open for the purpose of hosting essential voluntary or public services, such as food banks or homeless services, with social distancing observed.

Otherwise, limited to 20 people at a time.

Weddings, funerals, religious and civil ceremonies
  • Wedding ceremonies with a maximum attendance of 20 guests. The couple and celebrant are in addition to the 20 attendees.
  • Funerals attended by a maximum of 100 people, except if an exemption is granted on compassionate grounds by the Chief Health Officer. A maximum of 3 people can conduct the funeral service in addition to the 100 attendees.
  • Religious ceremonies at a place of worship or civil ceremonies with a maximum attendance of 20 people.

Live streaming of one of the above services may be conducted with the maximum number of people outlined above, including the camera operator, with social distancing observed.

Places of worship Limited to 20 people at a time.
Universities and other higher education institutions such as TAFEs and RTOs

Universities and other higher educational institutions such as TAFEs and RTOs must ensure there is no more than one person per 4 square metres in large lecture settings. The additional conditions under paragraph 13 do not apply.

Note – smaller education and teaching sessions, such as group seminars, tutorials, practicals and laboratory-based learnings, and vocational training sessions are not subject to the one person per 4 square metres rule. Social distancing should be observed to the extent possible.

Businesses, activities and undertakings such as cafes or sporting-based activities conducted at universities or other educational institutions must comply with the applicable requirements under this Direction.

Professional and elite sport
Professional sporting codes, elite sport, elite athletes May operate in compliance with an approved Professional Sporting Code COVID Safe Plan or Industry COVID SAFE Plan.
  1. Additional requirements for facilities under the Food and drink and Entertainment venues categories that operate for seated patrons:
    1. alcohol may be provided only when patrons are seated – no bar service;
    2. no gaming;
    3. no buffet self service;
    4. maximum number of patrons specified is inclusive of indoor and outdoor seated areas.
  2. A person who owns, controls or operates a restricted business, activity or undertaking that provides takeaway food or home delivery:
    1. must ensure all cutlery and utensils provided for self-service takeaway are single use; and
    2. is not required to collect contact information in accordance with paragraph 13 from takeaway or home delivery patrons.

      Note - a business such as a café or fast food outlet must collect contact information in accordance with paragraph 13 from seated patrons.

Additional Requirements if not operating under an Approved Plan

  1. Additional requirements for indoor cinemas:
    1. multi-cinema complexes must have a plan to manage entry and exit to ensure physical distancing and person density rules are applied;
    2. ensure venue is well ventilated;
    3. seating arrangements spaced to ensure appropriate social distancing (members of the same household may sit together).
  2. Additional requirements for concert venues, theatres, arenas, auditoriums, stadiums and major outdoor events:
    1. must have a plan to manage entry and exit to ensure social distancing and person density rules are applied;
    2. ensure venue is well ventilated;
    3. seating arrangements spaced to ensure appropriate social distancing (members of the same household may sit together).
  3. Additional requirements for theme parks, outdoor amusement parks, tourism experiences and arcades: must have a plan to manage entry and exit to ensure social distancing and person density rules are applied.
  4. Additional requirements for boot camps and personal training:
    1. participants must bring their own equipment where possible (for example, gym mat);
    2. frequent environmental cleaning and disinfecting should be maintained for equipment by personal trainer/boot camp instructor;
    3. no contact sports or contact skills training (for example, boxing with a partner, tackling or wrestling) unless with a member of your household.
  5. Additional requirements for indoor sporting centres, including gyms, health clubs, fitness centres, yoga, barre, spin facilities and dance studios:
    1. participants must bring their own equipment where possible (for example, gym or yoga mat);
    2. frequent environmental cleaning and disinfecting should be maintained for equipment by facility staff;
    3. only open if supervised and staff are available to conduct regular cleaning and enforce social distancing;
    4. no contact sports or contact skills training (for example, boxing with a partner, tackling or wrestling) unless with a member of your household;
    5. no spectators, except for up to one parent/carer per child if necessary;
    6. minimise use of communal facilities.

      Notes: shower with soap before and after training or activity at home

  6. Additional requirements for social sporting-based activities:
    1. no contact sports or contact skills training. Accidental contact may occur but no deliberate body contact drills. No wrestling, tackling etc unless with a member of your household;
    2. 20 people includes all players, coaches, spectators and any other person that attends the sporting-based activity;
    3. communal showers and change rooms must be closed. Toilets may remain open;
    4. minimise use of communal facilities;
    5. maintain social distancing, hand hygiene and frequent environmental cleaning and disinfection.

      Notes: social sporting-based activities should align with the Return to Play Guide,which includes a range of requirements for community sport to adhere to.
  7. Additional requirements for swimming pool operators:
    1. limit total numbers of people. Where possible, up to one parent/carer per child if necessary;
    2. communal showers and change rooms must be closed. Toilets may remain open;
    3. minimise use of communal facilities;
    4. maintain social distancing, hand hygiene and frequent environmental cleaning and disinfecting.

      Notes: shower with soap before and after training (at home, not at the pool); no unnecessary co-mingling, especially outside of the pool - “Get in, train, get out”.

  8. Additional requirements for zoos and wildlife centres: must have a plan to manage entry and exit to ensure social distancing and person density rules are applied.
  9. Additional requirements for galleries, museums, national and state institutions and historic sites: must have a plan to manage entry and exit to ensure social distancing and person density rules are applied.

Exemptions

  1. The Queensland Chief Health Officer may grant an exemption to part or all of this Direction on compassionate grounds or for other exceptional circumstances.

Definitions

For the purposes of this Public Health Direction:

  1. Approved Plan is an Industry COVID SAFE Plan, a Site Specific COVID SAFE Plan, or a Professional Sporting Code COVID SAFE Plan approved by the Chief Health Officer or a delegate.
  2. Community hub means:
    1. a facility in a remote or discrete community acting as a place of refuge or evacuation place in a disaster; or
    2. a community facility in an Aboriginal or Torres Strait Islander community that provides essential activities or services relating to child care, youth, harm minimisation and diversion.
  3. COVID SAFE Checklist means the applicable COVID SAFE Checklist published on a Queensland Government website for the type of business, activity or undertaking.

    Note – see https://www.covid19.qld.gov.au/

  4. Industry COVID SAFE 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.
  5. Professional Sporting Code COVID SAFE Plan means a COVID SAFE Plan for a professional sporting code of national significance.
  6. Qualified massage therapist means a massage therapist who:
    1. holds a relevant qualification (minimum AQF level 4 (Certificate IV)) under the Australian Qualifications Framework; and
      Example – Certificate IV in Massage Therapy, Diploma of Remedial Massage or Bachelor of Health Science (Myotherapy)
    2. is a member of a professional organisation within the meaning of section 10 of the Private Health Insurance (Accreditation) Rules 2011 (Cwlth); and
    3. holds approved provider status with one or more private health funds.
  7. Relevant authority means an emergency officer appointed under the Public Health Act 2005.
  8. Site Specific COVID SAFE Plan means a site-specific COVID SAFE Plan for unique and/or large businesses or events.

    9. For example – a theme park, zoo, major outdoor event, concert venue or casino.

  9. Skin penetration has the same meaning as in section 17 of the Public Health (Infection Control for Personal Appearance Services) Act 2003.
  10. Social distancing includes remaining at least 1.5 metres away from other persons where possible, regular washing of hands and avoiding handshaking.

PART 2 - PENALTIES

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

Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

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

Dr Jeannette Young
Chief Health Officer

15 June 2020

Published on the Queensland Health website 15 June 2020 at 9:40 pm

Last updated: 3 July 2020