Superseded - Queensland Travel Declaration Direction

This direction has been superseded on 19 June 2021. See the current Queensland Travel Declaration Direction (No. 6).

Summary

Effective from: 1am AEST 19 June 2021

Posted: 17 June 2021

Superseded on: 19 June 2021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 29 June 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 affects everyone entering Queensland from another place in Australia or from a safe travel zone country (New Zealand) on a quarantine free flight.

A person entering Queensland must comply with any relevant requirements of other Public Health Directions while the person is in Queensland. A person entering Queensland who has been overseas in the 14 days prior to arriving in Queensland must comply with the entry and quarantine requirements under the Quarantine for International Arrivals Direction or its successor.

Separately from the requirements under Public Health Directions, under sections 362G and 362H of the Public Health Act 2005, a person may be given a direction by an emergency officer (public health) to stay at or in a particular place for up to 14 days if the emergency officer believes it is reasonably necessary to assist in containing, or to respond to, the spread of COVID-19 in the community.

Citation

1. This Public Health Direction may be referred to as the Queensland Travel Declaration Direction.

Commencement

2. This Direction applies from 1.00am on 19 June 2021 until the end of the declared public health emergency, unless revoked or replaced.

PART 1 – DIRECTION – QUEENSLAND TRAVEL DECLARATION

3. This part applies to a person entering Queensland:

   1. from an Australian State or Territory; or

   2. on a quarantine-free flight.

4. A person mentioned in paragraph 3 who is entering Queensland must give, or have given within the previous 14 days, a Queensland Travel Declaration under paragraph 5 unless not required to do so under paragraphs 6 or 7.

   Note: Under paragraph 4, a Queensland Travel Declaration is valid for 14 days. A person does not have to give a new Queensland Travel Declaration unless the person’s circumstances change. For example, if the person becomes aware they have been to an interstate exposure venue.

5. A person mentioned in paragraphs 3 and 4 must complete a Queensland Travel Declaration in the 72-hour period immediately prior to entering Queensland, unless they already have a valid Queensland Travel Declaration, and must declare:

   1. whether the person has in the previous 14 days:

      1. been in an Australian State or Territory with a COVID-19 hotspot;

      2. been at an interstate exposure venue;

      3. been in another State, Territory or safe travel zone country;

      4. been in government-mandated hotel quarantine;

   2. the mode of transport the person will be using to enter Queensland;

   3. the person’s name, date of birth, phone number, last planned address prior to entering Queensland and email address;

   4. if the person is completing a Queensland Travel Declaration on behalf of their dependents, the name and date of birth of each dependent person;

   5. the person’s planned date of entry into Queensland;

   6. if the person’s last address prior to entering Queensland is different from their primary place of residence, the person’s primary place of residence;

   7. the town, city or suburb that will be the person’s main destination in Queensland;

   8. they will present for a COVID-19 test if they develop symptoms consistent with COVID-19 within 14 days after entry; and

   9. any other information or documents required by an emergency officer (public health) or required by the application for the Queensland Travel Declaration.

      Examples of information required – planned place of entry to Queensland.

      Note: a person who has been in an Australian State or Territory with a COVID-19 hotspot in the previous 14 days is required to complete a Queensland Border Declaration Pass under the Border Restrictions Direction (No.24) or its successor.

6. The following persons, who are required to complete a Queensland Border Declaration Pass, are not required to give a Queensland Travel Declaration:

   1. a person who has been in a COVID-19 hotspot in the previous 14 days or since the start date identified for the COVID-19 hotspot, whichever is shorter; or

   2. a person who has been in an Australian State or Territory with a COVID-19 hotspot in the previous 14 days; and

      Note: A person who has been in a COVID-19 hotspot will need to comply with the requirements under the Border Restrictions Direction (No.24) or its successor.

7. The following persons are not required to give a Queensland Travel Declaration:

   1. a Queensland resident or New South Wales border zone resident who has only been in the New South Wales border zone or Queensland in the previous 14 days and is entering Queensland by road, unless:

      1. the person has been at an interstate exposure venue in the previous 14 days; or

      2. a COVID-19 hotspot has been declared in the New South Wales border zone.

   2. an emergency health services or emergency service worker or national defence, state security or police worker responding to an emergency in Queensland; or

   3. a passenger of an ambulance or aeromedical service; or

   4. a person entering in an emergency situation; or

   5. maritime crew, where permitted under the Protocol for maritime crew members joining or signing off a vessel in Queensland approved by the Chief Health Officer; and

   6. a person remanded in custody of a State, Territory or Commonwealth law enforcement agency, subject to an extradition order or otherwise, who is required to enter Queensland to comply with a court order or assist with or participate in an investigation or other action at the direction of the law enforcement agency; and

   7. a disaster management worker, where permitted under the Operational protocol for disaster management workers entering Queensland approved by the Chief Health Officer.

      Note: under the protocol a disaster management worker who is responding to a disaster (disaster response worker) is not required to give a Queensland Travel Declaration. A disaster management worker who is entering Queensland to perform disaster prevention, preparation or recovery activities is required to have a valid Queensland Travel Declaration.

8. A person who enters Queensland must monitor interstate exposure venues from the time they complete the Queensland Travel Declaration and for 14 days after their arrival in Queensland and comply with the requirements under the Interstate Exposure Venues Direction (No.2) or its successor if an interstate exposure venue the person has visited during the exposure period is published after the person arrives in Queensland.

9. A person mentioned in paragraphs 4 and 5 who enters Queensland must produce their Queensland Travel Declaration upon entry to Queensland if requested by an emergency officer (public health).

PART 2 – EXEMPTIONS

10. 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.

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

PART 3 – DEFINITIONS

12. Definitions used in this Direction are in schedule 2.

PART 4 – PENALTIES

A person to whom this 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

17 June 2021

Published on the Queensland Health website at 9.30am 17 June

SCHEDULE 1 – NEW SOUTH WALES BORDER ZONE

The New South Wales border zone comprises the geographical areas within the following postcodes and Local Government Areas, which are represented visually on a map approved by the CHO and published on the Queensland Health website: https://www.qld.gov.au/health/covid-19/travel-declaration-map

SCHEDULE 2 – DEFINITIONS

For the purposes of this Public Health Direction:

COVID-19 hotspot means a particular area of Australia decided by the Chief Health Officer and published on the Queensland Health website (https://www.health.qld.gov.au/system-governance/legislation/cho-public-health-directions-under-expanded-public-health-act-powers/declared-hotspots-direction).

Disaster management worker means a person who is endorsed in accordance with the Operational protocol for disaster management workers entering Queensland approved by the Chief Health Officer https://www.health.qld.gov.au/system-governance/legislation/cho-public-health-directions-under-expanded-public-health-act-powers/border-restrictions/operational-protocol-for-disaster-management-workers-entering-queensland.

Note: The approved protocol applies to certain persons who perform disaster management or disaster operations or who respond to or assist in the recovery from a public safety emergency.

Emergency health services or emergency services worker means:

1. a Queensland Ambulance Service employee, a New South Wales Ambulance employee, a paramedic, an officer of St John Ambulance Australia, or aeromedical services crew who is providing patient transport or emergency medical care to a patient such as RACQ Lifeflight crew, Royal Flying Doctor Service or CareFlight;

2. a person who, in carrying out their duties, is responsible for the retrieval, delivery or transportation of organs or tissue for medical transplantation;

3. a person who, in carrying out their duties, is responsible for providing critical health support services for the critical maintenance, resupply or repair of health services infrastructure critical to Queensland, including an employee of Australian Red Cross Lifeblood; and

4. a person required to provide fire or emergency services in Queensland including rural fire service, state emergency services and firefighters.

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

Note: Emergency officers appointed under the Public Health Act 2005 include public health officers and police.

Interstate exposure venue means a place that is:

1. identified by the relevant government authority for a State or Territory or safe travel zone country as a venue where a person who was present at that venue during an exposure period is required to quarantine, isolate or be tested for COVID-19 and isolate until they receive a negative result or for another period due to potential exposure to COVID-19; and

2. published on the Queensland Health website.

Note: an interstate exposure venue includes all venues identified by a relevant government authority including venues identified as either close contact venues or casual contact venues. These venues are published on the Queensland Health contact tracing website: https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/current-status/contact-tracing.

Maritime crew includes anyone required to be part of a crew operating or providing services to support the operation of a vessel, including supernumeraries.

National defence, state security or police worker means:

1. any Government official who, in carrying out their duties, is responsible for the safety of Australia or Queensland against threats such as terrorism, war or espionage, and is required to be physically present in Queensland for these purposes;

2. an active member of the military required to be on duty while in Queensland;

3. an active member of the Australian Federal Police, Australian Border Force or State, Territory or Commonwealth law enforcement agency required to be on duty while in Queensland;

4. a Federal, State, Territory or local government elected representative who is travelling to Queensland to perform official duties in Queensland; and

5. consular officers or consular employees of a consular post of an overseas country as defined in the Consular Privileges and Immunities Act 1972 (Cth) travelling to Queensland to perform official duties in Queensland.

   Note: Consular officials and consular employees are granted immunity from jurisdiction in certain circumstances under the Consular Privileges and Immunities Act 1972 (Cth).

New South Wales border zone means the geographical area comprising certain communities within New South Wales within the postcodes listed in schedule 1 and represented visually on a map approved by the Chief Health Officer and published on the Queensland Health website.

Note: a copy of the map is available at https://www.qld.gov.au/health/covid-19/travel-declaration-map.

New South Wales border zone resident means a person whose primary place of residence is in the New South Wales border zone.

Quarantine-free flight means a flight that only carries passengers who have completed an Australian Travel Declaration at least 72 hours prior to departure declaring details of their health status and that they have been in a safe travel zone country for 14 days or more and have not been in a safe travel zone country hotspot.

Note: Information about quarantine free flights is available from the Australian Department of Home Affairs: https://covid19.homeaffairs.gov.au/new-zealand-safe-travel-zone. Determinations about quarantine-free flights are made by the relevant airline.

Queensland Border Declaration Pass has the same meaning as under the Border Restrictions Direction (No.24) or its successor.

Queensland Travel Declaration see paragraphs 4 to 7.

Queensland resident means a person whose primary place of residence is in Queensland.

Safe travel zone country has the same meaning as in the Quarantine for International Arrivals Direction (No. 9), or its successors.

Safe travel zone country hotspot has the same meaning as in the Quarantine for International Arrivals Direction (No. 9), or its successors.