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Self-quarantine for Persons Arriving in Queensland From Overseas Direction (No. 3)

Summary

Effective from: 1 May 2020

Posted: 1 May 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 19 May 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. 2) given on 7 April 2020.

Citation

  1. This Public Health Direction may be referred to as the Self-quarantine for persons arriving in Queensland from overseas Direction (No. 3).

Revocation

  1. The Public Health Direction for Self-quarantine for persons arriving in Queensland from overseas Direction (No. 2) given on 7 April 2020 is revoked.

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

  1. The purpose of this Part is to require persons who arrive in Queensland from overseas to self-quarantine in nominated premises for 14 days in order to limit the spread of COVID-19.
  2. This direction applies from the time it is published until the end of the declared public health emergency, unless it is revoked or replaced.
  3. Except in those circumstances identified in paragraphs 7 to 12 below, a person who arrives in Queensland from overseas, whether Queensland is the person’s final destination or not, and after completing immigration, customs and any other requirements:
    1. must travel directly, in the manner instructed by a relevant authority, from their port of disembarkation to the nominated premises 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; or
      2. to avoid injury or illness or to escape a risk of harm; or

        Example – escaping a risk of harm related to domestic and family violence

      3. as otherwise required or permitted under a direction given to the person by a relevant authority; 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 a relevant authority.

People who may quarantine outside nominated premises

  1. Airline crew who arrive in Queensland from overseas must self-quarantine in their accommodation until:
    1. their next work voyage; or
    2. 14 days have passed from their date of arrival in Queensland, whichever is shorter.
  2. Non-cruise maritime crew who arrive in Queensland from overseas must self-quarantine in accordance with the class exemption for non-cruise maritime crew.
  3. Other maritime crew who arrive in Queensland from overseas must self-quarantine in their accommodation until:
    1. the vessel departs Queensland; or
    2. 14 days have passed since:
      1. the vessel departed the last overseas port; or
      2. a crew member last joined the vessel within Australia,

      whichever is shorter.

    Example – International research vessel or private yacht berthing in Queensland for logistical resupply or support maintenance

    Note – maritime vessels under paragraphs 8 and 9 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.

  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 with that parent or guardian.
  2. 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.
  3. 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.
  4. For paragraphs 7 to 12 a person must not leave the nominated premises for the 14-day period, except:
    1. for the purposes of obtaining essential medical care or medical supplies; or
    2. to avoid injury or illness or to escape a risk of harm; or

      Example – escaping a risk of harm related to domestic and family violence

    3. as otherwise required or permitted under a direction given to the person by a relevant authority.
  5. For paragraphs 7 to 12 a person must not permit any other person to enter their accommodation or residence unless that other person:
    1. resides in the accommodation or residence for the purpose of complying with this direction; or
    2. enters the accommodation or residence to provide emergency or medical care to a person residing in the nominated premises; or
    3. otherwise required or permitted under a direction given to the person by a relevant authority.
  6. 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. Class exemption for non-cruise maritime crew means the class exemption for non-cruise maritime crew in Schedule 1 of this direction.

    Note: for the purposes of the class exemption for non-cruise maritime crew in Schedule 1 of this direction reference to a port authority includes a terminal operator

  2. Nominated premises means a hotel, other place of accommodation, or other place nominated by the Chief Health Officer or a relevant authority.
  3. Non-cruise maritime crew means maritime crew defined under the class exemption for non-cruise maritime crew in Schedule 1 of this direction.
  4. Other maritime crew means maritime crew to which the class exemption for non-cruise maritime crew does not apply but does not include cruise ship crew and employees.
  5. Relevant authority means an emergency officer appointed under 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.

Dr Jeannette Young
Chief Health Officer

1 May 2020

Published on the Queensland Health website 1 May 2020 at 12:12 pm

Schedule 1: Class exemption for non-cruise maritime crew

On 9 April, the National Cabinet agreed that the Australian Government and all states and territories would implement a consistent and immediate exemption for non-cruise maritime crew to provide for the transiting to and from their places of work, within and across jurisdictions with agreed documentation.

National Cabinet noted that states and territories may adopt additional protocols in consultation with industry that creates protection for crews on board vessels, and will put in place appropriate penalties for companies and individuals that are found to be in breach of the requirements of the exemption.

The exemption will be reviewed on 1 June 2020.

Class exemption

This class exemption for non-cruise maritime crew will be implemented by the Australian Government, and all states and territories in their relevant primary or subordinate legislation. The purpose of the exemption is to enable key industries and supply chain activities to continue to operate while at the same time mitigating the risk that these workers may spread COVID-19.

Definition of maritime crew

Maritime crew includes anyone required to be part of a crew operating or providing services to support the operation of a commercial vessel (excluding cruise vessels) or a government vessel in Australian waters. A commercial vessel is defined as any vessel involved in commercial activity in support of the movement of freight and important industries (such as the resources industry) or person involved in the provision of port services, maintenance services, marine pilots and marine surveyors. Maritime crew does not include cruise ship crew.

Maritime crew includes Australian and New Zealand Citizens, permanent residents, maritime crew visa holders and sub-class 400 (temporary specialist worker) visa holders.

This advice does not apply to crew on cruise ships.

Maritime crew also includes any Government officials involved in the regulation or other authorisation of the industry, including personnel from the Australian Government (such as the Australian Maritime Safety Authority, the Australian Border Force, the Department of Agriculture and the Environment, the Department of Health) and the state/territory government (such as the Department of Health, Maritime Regulatory agencies, Port Authorities, and Environment Protection agencies). These officials are exempt from any quarantine or self-isolation requirements where they are required to attend a vessel for the purposes of conducting their regulated activities.

Provisions

These provisions apply to Australian and international crew working on commercial vessels in Australia (not cruise ships). Vessels may berth in Australia at any time, however, if the vessel arrives within 14-days from their last international port of call or from the last time crew (not including cruise ship crew) joined the vessel within Australia and all occupants aboard the vessel have declared that they are healthy the following restrictions apply:

  • All crew must remain on-board while the vessel is berthed in a port or any other place where cargo is loaded or unloaded.
  • Crew are able to disembark to conduct essential vessel functions and crew must wear personal protective equipment (PPE) while performing these functions.
  • Crew must also use PPE in public spaces on board the vessel while non-crew members are on-board.
  • These restrictions apply until 14 days has elapsed since the vessel departed the last foreign port before Australia or the last time crew joined the vessel within Australia, unless crew are unwell or there is a suspected case of COVID-19 on-board. If a person is unwell, there will be a human biosecurity assessment, and if indicated, a subsequent referral to state and territory human biosecurity officer (public health doctor) for direction as per current process.
  • The period maritime crew spend at sea prior to their arrival in Australia and during operations in Australia since the last time crew joined the vessel counts towards the 14-day period of self-isolation. In practice, if a vessel has travelled for ten days since last being in a foreign port, the period of self-isolation for its crew members would be the remaining four days.
  • Shore leave can be taken once the 14-day period has elapsed so long as no crewmember has demonstrated signs of illness or is suspected of having COVID-19.
  • Commercial vessels that have made declarations during pre-arrival formalities that crew are ill and showing COVID-19 health symptoms will be managed in accordance with established pratique arrangements and in consultation with state police jurisdictions. Reception and management plans will be drawn together prior to allowing the vessel to enter an Australian port.

Crew signing off a vessel

  • Both Australian and foreign crew signing off a vessel at an Australian port who have completed the 14-day isolation period will be permitted to:
    • transit and depart Australia via a flight; or
    • proceed to join another vessel in Australia; or
    • for Australian residents, return to their normal place of residence in Australia.
  • Crew departing via a flight will need to provide evidence of their flight details or the next vessel they are to join.
  • Where a crewmember is signing off a vessel (within the 14-day period) and remaining in Australia to join another vessel they must self-isolate at their accommodation for the remainder of the 14-day self-isolation period.
    • Crew members departing Australia may proceed directly to the airport and depart; or they must self-isolate at their accommodation until the time they proceed to the airport.
    • Crewmembers can proceed to join another vessel in Australia, but they must self-isolate at their accommodation until the time they board the vessel.
    • Where a crewmember’s transportation out of Australia is delayed or cancelled, the crewmember can remain in Australia on their existing Maritime Crew Visa until an alternative transportation option is arranged.
    • Crewmembers must still complete their 14-day self-isolation period following the departure from their last foreign port.
  • Where a crewmember is an Australian resident and is signing off a vessel (within the 14-day period) and returning home they must self-isolate at their usual place of residence for the remainder of the 14-day self-isolation period.
  • Where a crewmember is an Australian resident and is signing off a vessel (following the completion of the 14-day period) and returning home they may travel home without the need to quarantine prior to arrival or self-isolate at their usual place of residence.

Crew arriving by international aircraft or travelling within Australia to join a vessel

The following exemptions are in place for commercial vessels and non-cruise maritime crew:

  • Crew travelling to Australia (by aircraft) to join a vessel must adhere to the following arrangements:
    • On arrival in Australia crew may be subject to additional screening by biosecurity.
    • Crew may take a domestic flight/s to their final destination to meet their vessel but must self-isolate at their accommodation if they have a layover at any time.
    • Crew must proceed directly to the vessel or self-isolate in their accommodation.
    • Crew experiencing any signs of illness must not join the vessel and should seek medical assistance.
    • Once on the vessel, crew members may leave the vessel to undertake vessel functions and must wear PPE while performing these functions.
  • Crew travelling within Australia (by any means of transportation) to join a vessel must adhere to the following arrangements:
    • During travel to their destination or on arrival at their destination crew may be subject to additional screening by biosecurity.
    • Crew may take a domestic flight/s to their final destination to meet their vessel but must self-isolate at their accommodation if they have a layover at any time.
    • Crew must proceed directly to the vessel or self-isolate in their accommodation.
    • Crew experiencing any signs of illness must not join the vessel and should seek medical assistance.
    • Once on the vessel, crew members may leave the vessel to undertake vessel functions and must wear PPE while performing these functions.
  • Crew joining a vessel in Australia within 14-days need to undertake appropriate precautions when interacting with others. This includes:
    • Use of appropriate PPE when interacting with others (port workers and other crewmembers who will be leaving the vessel for shore leave or sign-off).
    • Practice good personal hygiene and clean/sanitise surfaces and common areas.
    • Use separate facilities to other crewmembers (where possible).
    • Maintain appropriate social-distancing.

Documentary evidence of exemption

  • Crew travelling to a vessel in Australia or leaving a vessel to return home or leave Australia should carry the following documentary evidence to demonstrate to state or territory authorities they are subject to an exemption:
    • A letter from their employer on company letterhead indicating their name, occupation, reason for travel relating to their work and the location where the work is to be conducted
    • A letter from the port authority indicating that the vessel that the work relates to is expected to be in that port at the specified time
    • Their Maritime Security Identification Card where they have one
    • A copy of the company COVID-19 management plan or staff procedures.
  • Companies with crew travelling to join commercial vessels in Australia may also be requested to submit their company COVID-19 management plan or staff procedures and a list of staff expected to be travelling and subject to this exemption to relevant authorities.
  • Where the maritime crew have complied with all of the requirements of the exemption state and territory law enforcement representatives will permit the crewmember to travel to their vessel and to travel home from their vessel at the end of their allocated shift without impediment.
  • State and territory law enforcement representatives will check compliance with the exemption conditions and action may be taken if maritime workers are found to have not complied with any of the requirements of the exemption.
Last updated: 1 May 2020