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Self-quarantine for Persons Arriving in Queensland From Overseas Direction (No. 5)

Summary

Effective from: 11.20pm 8 July 2020

Posted: 8 July 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 Self-quarantine for Persons Arriving in Queensland from Overseas Direction (No. 4) given on 4 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. 5).

Revocation

  1. The Public Health Direction for Self-quarantine for persons arriving in Queensland from overseas Direction (No. 4) given on 4 July 2020 is revoked from the time of publication.

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

  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.
  2. 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.
  3. 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 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 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 or medical 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
    4. will be required to submit to COVID-19 testing on the request of an emergency officer (public health).
  4. 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.

People who may quarantine outside nominated premises

Unaccompanied minors

  1. Unaccompanied minors who arrive in Queensland from overseas can, from their point of arrival in Australia be accompanied by a parent or guardian to a nominated premises or place of residence to self-quarantine in accordance with paragraph 6 with that parent or guardian.
  2. Despite paragraphs 6 and 8, an unaccompanied minor who arrives in Queensland from overseas can travel to another State or Territory to self-quarantine at a place of residence with a parent or guardian.

Consular employees

  1. Consular employees as defined in the Consular Privileges and Immunities Act 1972 (Cth) who arrive in Queensland from overseas 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.

    Example: flight simulation training, safety and security training

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 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 all air crew including airline and general aviation crew and including off-shift crew who are travelling as passengers on an aircraft to reposition at another location.
  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 a number of public service officers such as public health officers, police, fire and emergency services.

  3. Government nominated accommodation means a nominated premises at which the person directed to quarantine at their own expense in accordance with Chapter 8, Part 7AA of the Public Health Act 2005.
  4. Maritime crew includes anyone required to be part of a crew operating or providing services to support the operation of a commercial vessel, research vessel or government vessel in Australian waters but does not include cruise vessels, private vessels, super yachts or recreational vessels.
  5. Nominated premises means:
    1. a place as directed by an emergency officer (public health); or
    2. for air crew, the air crew accommodation provided by the person’s employer or the air crew’s residence or other place directed by an emergency officer (public health)

      Note: A person may be directed by an emergency officer (public health) to quarantine at government-nominated accommodation at their own expense in accordance with section 362MC of the Public Health Act 2005.

  6. 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.

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

8 July 2020

Published on the Queensland Health website 8 July 2020 at 11.20pm, Updated on 13 July 2020 at 11.55am

Last updated: 21 July 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