Superseded - Border restrictions Direction (No. 3)

This direction has been superseded by the Border Restrictions Direction (No. 60)

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 (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 s362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Guidance

For the purpose of these directions, all travellers to Queensland including returning residents and workers should practice social distancing and risk mitigation measures such as remaining 1.5 metres away from other persons, regular washing of hands, and limiting travel outside of the home or place of accommodation and work except for the purpose of purchasing food or other necessities.

This direction is to be read in conjunction with all other Public Health Directions.

This Public Health Direction may be referred to as the Public Health Direction – Border Restrictions (No.3).

Preamble

This Public Health Direction replaces the Public Health Direction – Border Restrictions (No.2) given on 31 March 2020.

PART 1 – QUARANTINE FOR TRAVELLERS

Directions

1. The directions in paragraphs 23 and 24(e) and definition of critical resources sector employee apply from 11.59 pm on Saturday 4 April 2020 until the end of the declared public health emergency, unless they are revoked or replaced.
2. All remaining directions apply from the time of publication of this Direction until the end of the declared public health emergency, unless they are revoked or replaced.

Arrivals to Queensland—prior to 12.01 am Friday 3 April 2020

3. A person who arrives in Queensland from another State or Territory of Australia prior to 12.01 am on Friday 3 April 2020 must self-quarantine for a period of 14 days, unless they are an exempt person.

Arrivals to Queensland—from 12.01 am Friday 3 April 2020

4. A person who arrives in Queensland from another State or Territory of Australia from 12.01 am on Friday 3 April 2020 will not be allowed to enter Queensland, unless they are an exempt person.
5. Despite the direction in paragraphs 3 and 4, an exempt person, who arrives in Queensland must self-quarantine for a period of 14 days if:
   1. they have been outside the border of Australia in the last 14 days; or
   2. they travelled in the last 14 days to particular areas of Australia decided by the Chief Health Officer and published on the Queensland Health website (a COVID19 hotspot); or
   3. they are a person mentioned in paragraph 6b. (a person moving to Queensland to make Queensland their permanent place of residence).

A person is an exempt person if they fall in any of the following classes of persons:

Queensland Residents

6. Any person who is:
   1. ordinarily resident in Queensland; or
   2. who is moving to Queensland to make Queensland their permanent place of residence.

Domestic air travel

7. A person who is entering Queensland from another State or Territory by air in order to transfer as soon as possible to another flight is an exempt person if:
   1. they remain in the airport until the time of transfer to the other flight; or
   2. they self-quarantine in a hotel until the other flight; or
   3. they are directed to self-quarantine by a relevant authority to a nominated premises and they must remain at that place until otherwise directed by the relevant authority.

National and State Security and Government employees

8. 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 present in Queensland for such purposes.
9. Active military personnel required to be on duty in Queensland while in Queensland.
10. A member of the Australian Federal Police or Australian Border Force required to be on duty while in Queensland.
11. A Federal, State or local government employee, worker or contractor who is required to  return to Queensland to perform official duties in Queensland.
12. A Federal, State or local government elected representative who is travelling to Queensland to perform official duties in Queensland.
13. Consular employees as defined in the Consular Privileges and Immunities Act 1972 (Cth) travelling to Queensland to perform official duties in Queensland.

Health Services

14. A health practitioner who is requested by the Queensland Chief Health Officer or delegate to present for duty in Queensland to perform health services.
15. A Queensland Ambulance Service employee, paramedic, or an officer of St John Ambulance Australia, RACQ Lifeflight crew, Royal Flying Doctor Service crew or other aeromedical services crew who are providing medical care and/or transport to a patient in Queensland.
16. A person who, in carrying out their duties, is responsible for providing health support services or for the maintenance, resupply or repair of health services infrastructure critical to Queensland. This includes Australian Red Cross Lifeblood.

Emergency services

17. Any person who, in carrying out their duties, is responsible for the provision of emergency services in Queensland and is required to be present in Queensland for such purpose. This includes Queensland Ambulance Service, St Johns Ambulance Australia, Queensland Police Service, Fire and Emergency Services and State Emergency Services.

Transport, freight and logistics

18. Any person who in performing their duties is responsible for provision of services for local passenger transport including bus services, taxi and ride share services, transport or freight of goods, or logistics for the goods, by sea, land or air into, within and out of Queensland, on the condition that the person must practise social distancing wherever possible, including maintaining a distance of at least 1.5 metres where reasonably practicable and remain self-quarantined in their vehicle or accommodation.
19. Ship crew travelling from another State or Territory, for the limited period of delivery of persons, transport or freight of goods, or logistics for them, into, within and out of Queensland, on the condition  that the person must practise social distancing wherever possible, including maintaining a distance of at least 1.5 metres where reasonably practicable and must remain on board ship in self-quarantine until the ship departs Queensland or via a flight, where the self-quarantine period is less than 14 days.
20. A member of a domestic, commercial or charter flight or maritime crew who self-quarantines until departing Queensland on another flight or voyage.

Specialist skills critical to maintaining key government services, industries or businesses and fly in fly out workers

21. Any person who, in carrying out their duties, is responsible, while in Queensland, for provision, construction, maintenance, resupply or repair of infrastructure, utilities and services critical to Queensland including telecommunications, data, water supply, sewerage, sanitation and waste and recycling management.
22. A person who is a construction, commercial fishing, manufacturing,  resources sector, energy or agribusiness employee whose company or service provider has a plan to manage preventing the transmission of COVID-19 amongst its employees and the community, and the plan complies with the requirements specified by the Chief Health Officer. An employee who is fly in fly out worker is only exempt if they satisfy the requirements in paragraph  24 below.
23. Despite paragraph 22, an employee of a resources sector company or service provider is only an exempt person if they are a critical resources sector employee.
24. A fly in fly out worker of company or service provider listed in paragraph 22, who is travelling to a worksite or work camp that is provided by their employer, and who has provided the following information upon arrival:
    1. the name of their employer; and
    2. evidence that they are a fly in fly out worker; and
    3. evidence that they are entering Queensland to go directly to work; and
    4. evidence of the location of the worksite or work camp; and
    5. if they are a resources sector employee, evidence that they are a critical resources sector employee.

People living and working close to the border of New South Wales, South Australia or the Northern Territory

25. Any person who is ordinarily a resident of a State or Territory that shares a border with Queensland, being New South Wales, South Australia and the Northern Territory and:
    1. who either:
       1. ordinarily works in Queensland; or
       2. travels to Queensland to obtain essential goods or services or for a permitted purpose; and
    2. enters Queensland, by crossing a land border, for the purposes of attending work or to obtainessential goods or services or for a permitted purpose; and
    3. does not propose to stay in Queensland for longer than reasonably necessary to attend work or obtain essential goods or services.
26. Any person who is ordinarily a resident of Queensland who works in New South Wales, South Australia or the Northern Territory or who travels outside of Queensland to obtain essential goods or services.

Persons entering Queensland on compassionate grounds or under compulsion of law

27. Any person, who:
    1. ordinarily resides in another State or Territory; and
    2. is a carer or relative of a dependant individual who is in Queensland; and
    3. is required to travel to Queensland to assist, care or support for the dependent individual.
28. Any dependant individual, who:
    1. ordinarily resides in another State or Territory; and
    2. is required to travel to Queensland to reside with a carer or relative who resides in Queensland because a carer or relative is unable to care for them in their home State or Territory; or
    3. for children under 18 years who do not live in the same household as their biological parents or siblings or one of their parents or siblings, continuing existing arrangements for access to, and contact between, parents and children and siblings, but not allowing access or contact with vulnerable groups or persons.
29. Any person who is entering Queensland for essential medical treatment or to otherwise obtain essential goods or essential services necessary for the preservation of life.
30. Any person who is entering Queensland to visit a terminally ill relative or to attend a funeral.
31. Any person who is required to enter Queensland under orders of any Court or Tribunal of Australia or to give effect to orders of the Court or Tribunal or to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not.
32. Any person who usually resides in a residential facility in another State or Territory, for example, a boarding school or college, which is closed for scheduled holidays or because of COVID-19, who needs to return to Queensland to stay with family or a carer.
33. Any person who is escaping a risk of harm related to sexual or domestic and family violence.
34. Any other person, or class of persons, exempted by the Queensland Chief Health Officer because the Queensland Chief Health Officer considers:
    1. they have compassionate or other grounds such that self-isolation would lead to an unusual, undeserved or disproportionate hardship; or
    2. they are essential for the proper functioning of State; or
    3. their location of residence requires them to move across the border to obtain essential goods and services.

Definitions

Critical resources sector employee means a person that:

1. is required to be appointed under the Coal Mining Safety and Health Act 1999; the Mining and Quarrying Safety and Health Act 1999; or the Petroleum and Gas (Production and Safety) Act 2004 and the position is mentioned in the list published on the Queensland Health website; or
2. has been approved by the Chief Health Officer as a critical resources sector employee.

Essential goods or services are food and other supplies, and services, that are needed for the necessities of life and operation of society, such as food, fuel, medical supplies, and other goods.

Essential business, activity or undertaking means a business, activity or undertaking that is not prohibited by the Non-essential business, activity and undertaking Closure Direction (No.4), or its successor, or another Public Health Direction.

Health practitioner means:

1. a registered health practitioner under the Health Practitioner National Law; or
2. the following health service providers under the Health Ombudsman Act 2013 (Qld):  audiologists, social workers, dieticians, speech pathologists and exercise physiologists providing community based clinical services and primary health care.

Note: a registered health practitioner includes a person registered in the following professions:

a. Aboriginal and Torres Strait Islander health practice;

b. Chinese medicine;

c. chiropractic;

d. dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);

e. medical;

f. medical radiation practice;

g. midwifery;

ga. nursing;

h. occupational therapy;

i. optometry;

j. osteopathy;

ja. paramedicine;

k. pharmacy;

l. physiotherapy;

m. podiatry;

n. psychology.

Permitted purpose means:

1. to obtain essential goods or services;
2. to obtain medical treatment or other health care services;
3. to engage in physical exercise if it is done:
   1. alone; or
   2. with one other person; or
   3. with the person’s family group who ordinarily live in the same household as the person;
4. to perform work or volunteering, or carry out or conduct an essential business, activity or undertaking, and the work, business activity or undertaking to be performed is of a nature that cannot reasonably be performed from the person’s principal place of residence;
5. to visit another person’s residence in accordance with any public health direction applicable to home confinement, movement or gatherings;
6. to visit a terminally ill relative or to attend a funeral, subject to any applicable restrictions under other relevant Public Health Directions;
7. to provide assistance, care or support to an immediate family member;
8. to attend any court or tribunal of Australia or to comply with or give effect to orders of the court or tribunal of Australia;
9. to attend a childcare facility, school, university, or other educational institution, to the extent care or instruction cannot reasonably be obtained in the person’s principal place of residence;
10. to assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;
11. for children under 18 years who do not live in the same household as their biological parents or siblings or one of their parents or siblings, continuing existing arrangements for access to, and contact between, parents and children and siblings, but not allowing access or contact with vulnerable groups or persons;

    Example of a vulnerable group or person – a person over 70 years or a person with a medical condition that makes them vulnerable to COVID-19

12. avoiding injury or illness or to escape a risk of harm;

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

13. to comply with or give effect to the exercise of a power or function of a government agency or entity under a law.

Relevant authority means an emergency officer appointed under the Public Health Act 2005.

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
2 April 2020

Published on the Queensland Health website at 2 April 2020, 10:40pm