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Self-quarantine for Persons Arriving in Queensland From Overseas Direction (No. 6)

Summary

Effective from: 26 October 2020

Posted: 26 October 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 31 December 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 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.

Preamble

  1. This Public Health Direction replaces the Public Health Direction referred to as the Self-quarantine for Persons Arriving in Queensland from Overseas Direction (No. 5) given on 8 July 2020.

Citation

  1. This Public Health Direction may be referred to as the Self-quarantine for Persons Arriving in Queensland from Overseas Direction (No. 6).

Revocation

  1. The Public Health Direction for Self-quarantine for Persons Arriving in Queensland from Overseas Direction (No. 5) given on 8 July 2020 is revoked from the time of publication of this Public Health Direction.

Commencement

  1. This Public Health Direction applies from the time it is published until the end of the declared public health emergency, unless it is revoked or replaced.

PART 1 — DIRECTION – Self-quarantine for persons returning from overseas

  1. A person who arrives in Queensland from overseas, whether Queensland is the person’s final destination or not, is required to self-quarantine in a nominated premises for 14 days in order to limit the spread of COVID-19, unless stated otherwise.

  2. A person required to self-quarantine under paragraph 5, after completing immigration, customs and any other requirements:

    1. must travel directly, in the manner instructed by an emergency officer (public health), from their port of disembarkation to the nominated premises by the most direct practical route and means and reside in the nominated premises;

    2. must not leave the nominated premises for 14 days, except:

      1. for the purposes of obtaining essential medical care or essential medical supplies where alternative delivery arrangements to the person are not reasonably practicable; or

      2. to avoid injury or illness or to escape a risk of harm; or

        Example – escaping a risk of harm related to sexual or domestic and family violence; or accessing support from a domestic and family violence support service

      3. in the event of an emergency situation; or

      4. as otherwise required or permitted under a direction given to the person by an emergency officer (public health); and

    3. must wear a protective mask:

      1. whenever directed to do so by an emergency officer (public health); and

      2. when leaving quarantine as permitted under paragraph 6(b), unless:

        1. it is not practicable due to the need to avoid immediate injury or illness or to escape a risk of harm; or

        2. it is not practicable because of the emergency situation; or

        3. permitted under a direction given to the person by an emergency officer (public health); and

    4. any travel under paragraph 6(b)(ii) or 6(b)(iii) must be by:

      1. private vehicle; or

      2. a taxi with a protective shield between driver and passenger or a taxi van that allows for physical distancing between the driver and passenger; or

      3. ambulance service; or

      4. transport arranged by a government authority; or

      5. as permitted or allowed under a direction given to the person by an emergency officer (public health); or

      6. if travel by (e)(i) through (v) is not available, a taxi or ride share with the person wearing a protective mask and sitting in the back seat on the passenger side; and

    5. must not permit any other person to enter the nominated premises unless that other person:

      1. resides in the nominated premises for the purpose of complying with this direction; or

      2. enters the nominated premises to provide emergency, medical or other essential care to a person residing in the nominated premises; or

      3. as otherwise required or permitted under a direction given to the person by an emergency officer (public health); and

    6. must self-quarantine in a nominated premises with a parent, guardian or other responsible adult if the person is an unaccompanied minor.

  3. A person who is required to quarantine under this Direction:

    1. must quarantine in accordance with the requirements in paragraph 6; and

    2. will be quarantined for a further period of 10 days from the end of the quarantine period if the person is not tested for COVID-19 when requested to do so by an emergency officer (public health); and

    3. Chapter 8, Part 7AA of the Public Health Act 2005 applies to a person required to quarantine under this Direction.

  4. Unaccompanied minors who arrive in Queensland from overseas can, be accompanied by a parent, guardian or other responsible adult to a nominated premises to self-quarantine in accordance with paragraph 6 with that parent, guardian or other responsible adult, if the parent, guardian or responsible adult consents to self-quarantine in the nominated premises.

  5. Despite paragraphs 6 and 8, an unaccompanied minor who arrives in Queensland from overseas can travel from Queensland to another State or Territory to quarantine as required by the other State or Territory, if allowed by the other State or Territory.

People who may self-quarantine outside government-nominated accommodation

Consular employees

  1. Consular employees as defined in the Consular Privileges and Immunities Act 1972 (Cth) who arrive in Queensland from overseas who refuse after requested to quarantine in government nominated accommodation must travel directly to their residence and self-quarantine in accordance with paragraph 6.

People requiring support

  1. People unable to live independently without ongoing or regular support due to significant health needs, and their carers, who arrive in Queensland from overseas must travel directly to their residence and self-quarantine in accordance with paragraph 6.

Air crew

  1. Air crew who arrive in Queensland from overseas must self-quarantine in nominated premises in accordance with paragraph 6 until:

    1. their next work voyage; or

    2. 14 days have passed from their date of arrival in Queensland, whichever is shorter.

  2. In addition to paragraph 6(b), air crew may leave their accommodation or residence to carry out essential regulatory or safety flight related duties including training.

    Example: flight simulation training or safety and security training, including training that may be carried out while the person is not on their usual work shift or duty.

Maritime crew

  1. A maritime crew member must comply with any relevant protocol for maritime crew approved by the Chief Health Officer.

    Note: Cruise ships are subject to the Restricting cruise ships from entering Queensland waters Direction (No. 2) or its successor and to the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements) Determination 2020 (Cth). 

    Note: Maritime vessels are subject to any General Manager Maritime Safety Queensland Directions issued under the Transport Operations (Marine Safety) Act 1994 which may impose time-based arrival restrictions. 

Exemption

  1. The Chief Health Officer, the Deputy Chief Health Officer or their delegate may grant a person an exemption from all or part of these directions on the basis of exceptional circumstances.

Definitions

For the purposes of this Public Health Direction:

  1. Air crew means:

    1. air crew on active duty including airline general aviation crew; and

    2. off-shift crew who are travelling as passengers on an aircraft to reposition at another location to immediately commence duty; and

    3. aeromedical services crew providing patient transport or emergency medical care to a patient; and

    4. off-shift aeromedical services crew who are travelling as passengers on an aircraft to reposition at another location to immediately commence duty.

  2. 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 includes public health officers, and police.

  3. Essential medical supplies include medicines prescribed by a doctor or dispensed by a pharmacist that are necessary to maintain treatment of the person’s pre-existing medical conditions, or to treat an urgent medical condition where the absence of prompt treatment would likely produce an adverse health outcome for the person.

  4. Government-nominated accommodation means a hotel or other accommodation premises at which the person is directed to quarantine by an emergency officer (public health).

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

  6. Nominated premises means:

    1. government-nominated accommodation as directed by an emergency officer (public health); or

    2. for air crew, the accommodation provided by the person’s employer for air crew or the air crew’s residence; or

    3. another premises as directed by an emergency officer (public health).

  7. 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) – pool house, granny flat.

    but does not include an aged care residential facility, corrective services facility or detention centre.

  1. Unaccompanied minor means is a child who is not in the presence of a responsible adult.

  2. 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 include cruise vessels, private vessels, super yachts or recreational vessels.

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 or 6 months imprisonment.

Dr Jeannette Young
Chief Health Officer

23 October 2020

Published on the Queensland Health website at 1:20 pm 26 October 2020

Last updated: 26 October 2020

Understanding this Direction

Information to help you understand what this Direction means for people arriving in Queensland from overseas during the COVID-19 pandemic.

Find out more