Superseded - Non-Essential Business, Activity and Undertaking Closure Direction (No. 10)

This direction has been superseded by the Superseded - Restrictions on Businesses, Activities and Undertakings Direction

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 Non-Essential Business, Activity and Undertaking Closure Direction (No. 9) made on 8 May 2020.
  2. This Public Health Direction is to be read in conjunction with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.

Citation

  1. This Public Health Direction may be referred to as the Non-Essential Business, Activity and Undertaking Closure Direction (No. 10).

Revocation

  1. The Non-essential Business, Activity and Undertaking Closure Direction (No. 9) made on 8 May 2020 is revoked from 11.59pm on 15 May 2020.

PART 1 — DIRECTION - NON-ESSENTIAL BUSINESS, ACTIVITY, OR UNDERTAKING

  1. This direction applies from 11.59pm on 15 May 2020 until the end of the declared public health emergency, unless it is revoked or replaced.
  2. A person who owns, controls or operates a non-essential business, activity, or undertaking in the State of Queensland, including operating at a private residence, must not operate the business, activity or undertaking during the period specified in paragraph 5, subject to the exceptions set out in Column 2 of the table at paragraph 8.
  3. Despite paragraph 6, a person who owns, controls or operates a non-essential business, activity or undertaking may continue to do so online or through the internet, unless stated otherwise in Column 1 of the table at paragraph 8.

    Examples – a business selling goods or providing services online or a personal trainer who offers personal training sessions online.

  4. For the purposes of this Public Health Direction:

    Non-essential business, activity, or undertaking means a business, activity, undertaking, premises or place listed in Column 1 unless the exception listed in Column 2 applies:

Column 1
Business, activity, undertaking, premises or place
Column 2
Exceptions
Food and drink
Cafes, restaurants, fast-food outlets, food courts (together retail food services), including buffet self-service

Cafes, restaurants and fast-food outlets may provide seated dining in compliance with a COVID SAFE checklist for:

  • up to 10 patrons at a time, with no more than one patron per 4 square metres and social distancing observed
  • up to 20 local patrons at a time in the Outback, with no more than one patron per 4 square metres and social distancing observed.

Notes:

  • alcohol may be provided only in accordance with seated dining – no bar service
  • food courts remain takeaway only
  • no buffet self service
  • maximum number of patrons specified is inclusive of indoor and outdoor seated dining areas.
  • Takeaway service and home delivery can remain operational. All takeaway services must comply with the conditions provided in paragraph 9 below.
  • Retail food services at an airport that are reasonably necessary for the normal business of the airport, with social distancing observed.
  • Provision of food or drink by or on behalf of an employer to employees or contractors that is reasonably necessary for the employer’s normal operations, with social distancing observed.
  • Workplace canteens can provide takeaway, with social distancing observed.
  • Provision of food or drink by a school, university, educational institution or childcare facility that is reasonably necessary for the normal business of the facility, with social distancing observed.
  • Provision of food or drink at a hospital, prison, military facility, disability facility, resources sector facility including a canteen or mess hall or aged care facility that is reasonably necessary for the normal business of the facility, with social distancing observed.
  • Retail or other provision of food and drink to heavy vehicle drivers and essential road users at a truck driver rest facility.This exemption is subject to the facility implementing the conditions in paragraph 10 below.
  • Services providing food or drink to the homeless, with social distancing observed.
  • Hotel room service or similar services for hotel guests.
  • All cutlery and utensils provided for self-service takeaway must be single use.
Retail
Auction houses

Auctions with up to 10 people, with no more than one person per 4 square metres and social distancing observed. A maximum of 3 people can conduct the auction in addition to the 10 attendees.

Contact information must be kept about all guests and staff for contact tracing purposes, including name, address and mobile phone number for a period of at least 28 days. If requested, this information must be provided to public health officers. The information should be securely stored, not used for any other purpose and deleted after 28 days.

Real estate auctions and open house inspections

The following activities with no more than one person per 4 square metres and social distancing observed:

  • Real estate auctions with up to 10 people. A maximum of 3 people can conduct the auction in addition to the 10 attendees.
  • Private appointments for inspection.
  • Open house inspections may be conducted with a maximum of 10 people. A maximum of 3 people can conduct the open house inspection in addition to the 10 attendees.

Contact information must be kept about all guests and staff for contact tracing purposes, including name, address and mobile phone number for a period of at least 28 days. If requested, this information must be provided to public health officers. The information should be securely stored, not used for any other purpose and deleted after 28 days.

Outdoor and indoor markets

Outdoor and indoor markets (including farmers markets, food markets, and arts and crafts markets) may operate.

Market operators must ensure patrons do not gather in groups of more than 10, with no more than one person per 4 square metres and social distancing observed.

Beauty and personal care services
Hairdressing

Hairdressers and barber shops can operate with no more than one person per 4 square metres and social distancing observed to the extent possible.

Contact information must be kept about all clients and staff for contact tracing purposes, including name, address and mobile phone number for a period of at least 28 days. If requested, this information must be provided to public health officers. The information should be securely stored, not used for any other purpose and deleted after 28 days.

Note – a hairdresser or barber shop that also provides beauty therapy or nail services outlined below is required to operate in compliance with a COVID SAFE checklist to the extent they provide those services.

  • Beauty therapy (for example, facials, makeup, waxing and laser treatments)
  • Nail services (including manicures, pedicures)
  • Cosmetic injections
  • Personal appearance services where skin penetration is used (Example - tattooing parlours, body piercing, skin implants, hair implants, microneedling)
  • Massage

A business may operate in compliance with a COVID SAFE checklist to the extent it provides the services listed below and with a maximum of 10 customers at a time, no more than one person per 4 square metres and social distancing observed to the extent possible.

Permitted services:

  • Beauty therapy (for example, facials, makeup, waxing and laser treatments)
  • Nail services
  • Cosmetic injections – only if provided by health practitioners registered under the Health Practitioner Regulation National Law
  • Personal appearance services where skin penetration is used – only if provided by health practitioners registered under the Health Practitioner Regulation National Law
  • Health services provided by health practitioners registered under the Health Practitioner Regulation National Law, with social distancing observed to the extent possible.

    Example – services provided by physiotherapists or chiropractors

  • Massage therapy for the management or prevention of a disease, injury or condition, provided by a qualified massage therapist, with social distancing observed to the extent possible.

Example – a day spa may provide massage therapy by a qualified massage therapist, facials and waxing in accordance with a COVID SAFE checklist.

Note – where beauty therapy or nail services are provided as part of a hairdresser or barber shop, the business is required to operate in compliance with a COVID SAFE checklist to the extent they provide those services.

Tanning Cannot be provided whether as a standalone business or as part of another business, activity or undertaking, such as beauty therapy.
Entertainment venues
Pubs, registered and licensed clubs, RSL clubs, licensed premises in hotels and bars

Pubs, registered and licensed clubs, RSL clubs, licensed premises in hotels and bars may provide seated dining in compliance with a COVID SAFE checklist for:

  • up to 10 patrons at a time, with no more than one patron per 4 square metres and social distancing observed
  • up to 20 local patrons at a time in the Outback, with no more than one patron per 4 square metres and social distancing observed.

Notes:

  • alcohol may be provided only in accordance with seated dining – no bar service
  • no gaming
  • no buffet self service
  • maximum number of patrons specified is inclusive of indoor and outdoor seated dining areas.
  • Bottle shops and off license premises attached to venues may continue to operate, with social distancing observed.
  • Limited to 10 people for outdoor sporting-based activities, as described in Social sporting-based activities under Leisure and recreation below, with no more than one person per 4 square metres and social distancing observed.

    Example – golf, tennis or lawn bowls

Cinemas, nightclubs

Drive-in cinemas with members of a person’s household.

People should remain in their vehicles to the extent possible.

Social distancing should be observed in common areas and shared facilities.

Casinos, gaming or gambling venues including wagering outlets that are open to, and accessible by, members of the public such as TAB agencies and retail outlets

Casinos, gaming or gambling venues may provide seated dining in compliance with a COVID SAFE checklist for:

  • up to 10 patrons at a time, with no more than one patron per 4 square metres and social distancing observed
  • up to 20 local patrons at a time in the Outback, with no more than one patron per 4 square metres and social distancing observed.

Notes:

  • alcohol may be provided only in accordance with seated dining – no bar service
  • no gaming
  • no buffet self service
  • maximum number of patrons specified is inclusive of indoor and outdoor seated dining areas.
Strip clubs, brothels, sex on premises venues and sole operator sex workers

Sole operator sex workers may continue to provide online or phone services.

Example – video streaming or phone chat services

Concert venues, theatres, arenas, auditoriums, stadiums Live streaming of a performance by no more than 2 people is permissible, with social distancing observed.
Theme parks, amusement parks and amusement arcades  
Indoor play centres  
Leisure and recreation
Community facilities (such as community centres and halls, recreation centres, youth centres, community clubs, RSLs, PCYCs)

Community facilities may provide seated dining in compliance with a COVID SAFE checklist for:

  • up to 10 patrons at a time, with no more than one patron per 4 square metres and social distancing observed
  • up to 20 local patrons at a time in the Outback, with no more than one patron per 4 square metres and social distancing observed.

Notes:

  • alcohol may be provided only in accordance with seated dining – no bar service
  • no gaming
  • no buffet self service
  • maximum number of patrons specified is inclusive of indoor and outdoor seated dining areas.
  • Limited to 10 people for outdoor sporting-based activities, as described in ‘Social sporting-based activities’ below, with no more than one person per 4 square metres and social distancing observed. Social sporting-based activities does not include competitions or fixtures.

    Example – golf, tennis or lawn bowls

Boot camps, personal training

Limited to 10 people outdoors including the personal trainer, with no more than one person per 4 square metres and with social distancing observed.

Boot camps and personal training must comply with the conditions provided in paragraph 11 below.

Indoor sporting centres, including gyms, health clubs, fitness centres, yoga, barre and spin facilities, water-based spa services (including saunas, bathhouses, non-therapeutic hydrotherapy tubs, whirlpool tubs, steam rooms, steam cabinets, Vichy shower) and wellness centres  
Social sporting-based activities

Limited to 10 people for outdoor sporting-based activities, with no more than one person per 4 square metres and social distancing observed.

Social sporting-based activities must comply with the conditions provided in paragraph 12 below.

Note - Social sporting-based activities do not include competitions or fixtures.

Swimming pools

(for training/rehabilitation purposes)

A communal pool may be used for lap swimming, with one person per lane and a maximum of 10 swimmers per pool.

Swimming pools being used for training/rehabilitation purposes must comply with the conditions provided in paragraph 13 below.

Note - Primary and secondary schools which use swimming pools and accompanying facilities for training purposes may continue to do so without a limit on the number of swimmers per lane or per pool.

Swimming pools

(use of public pools for swimming lessons, recreational purposes, use of pools in shared facilities such as hotels and apartment complexes)

Limited to a maximum of 10 swimmers per pool with the conditions provided in paragraph 14 below.

Note - Primary and secondary schools which use swimming pools and accompanying facilities for lessons may continue to do so without a limit on the number of swimmers per lane or per pool.

Public playgrounds, skate parks, BMX tracks and outside gyms, including static exercise equipment in Council parks.

Public gatherings of up to 10 people in any of these areas, with no more than one person per 4 square metres and social distancing observed.

No contact sports or contact skills training (for example, boxing with a partner, wrestling, holding, tackling or binding) unless with a member of your household.

Public artificial lagoons

For example, South Bank Parklands -Streets Beach, Cairns Esplanade Lagoon, Airlie Beach Lagoon

Public gatherings of up to 10 people with no more than one person per 4 square metres and social distancing observed, or greater numbers with an approved COVID SAFE Plan approved by the Chief Health Officer.
Public barbeques (such as barbeques in public spaces or shared facilities) Public gatherings of up to 10 people, with no more than one person per 4 square metres and social distancing observed.
Residential facilities
Hostels, bed and breakfasts, backpackers, boarding houses

May continue to operate for:

  • permanent residents of the facility; or
  • temporary residents of the facility who do not have permanent accommodation (for example, a backpacker may be a temporary resident at a hostel); or
  • workers of the facility; or
  • persons requiring interim accommodation if their principal place of residence is not available; or
  • persons required to self-quarantine or self-isolate under a Public Health Direction or as directed by a relevant authority; or
  • persons who are away from their principal place of residence for a permitted purpose.

Example - a health practitioner, road worker, seasonal worker or worker on a critical infrastructure project who requires accommodation while working away from their principal place of residence.

Note – recreation within the Outback may include overnight stays.

From 12:01 am on Tuesday 5 May 2020, facilities must have a health management plan, unless the facility operates solely for permanent residents of the facility or health and community services.

Example – Aboriginal hostels and boarding homes for people living with a disability or mental health issues are not required to have a health management plan.

A facility that is required to have a health management plan must operate in compliance with the health management plan.

Short term rentals and short term accommodation for holiday and leisure purposes (for example, serviced apartments including holiday rentals, holiday accommodation or hosting accommodation provided through online booking platforms)

Facilities may continue to operate for:

  • workers of the facility; or
  • persons requiring interim accommodation if their principal place of residence is not available; or
  • persons required to self-quarantine or self-isolate under a Public Health Direction or as directed by a relevant authority; or
  • persons who are away from their principal place of residence for a permitted purpose.

Example - a health practitioner, road worker, seasonal worker or worker on a critical infrastructure project who requires accommodation while working away from their principal place of residence

Note – recreation within the Outback may include overnight stays.

Social distancing should always be observed.

From 12:01am on Tuesday 5 May 2020, facilities that offer shared bathroom or shared kitchen facilities to persons staying at the facility must have a health management plan and must operate in compliance with the health management plan.

Outdoor recreation
Caravan and camping parks

Caravan and camping parks including the use of cabins within caravan parks may continue to operate for:

  • permanent residents of the facility; or
  • temporary residents who do not have permanent accommodation; or
  • workers of the facility; or
  • persons requiring interim accommodation if their principal place of residence is not available; or
  • persons required to self-quarantine or self-isolate under a Public Health Direction or as directed by a relevant authority; or
  • persons who are away from their principal place of residence for a permitted purpose.

Example - a health practitioner, road worker, seasonal worker or worker on a critical infrastructure project who requires accommodation while working away from their principal place of residence

Note – recreation within the Outback may include overnight stays.

From 12:01 am on Tuesday 5 May 2020, facilities must have a health management plan, unless the facility operates solely for permanent residents of the facility.

A facility that is required to have a health management plan must operate in compliance with the health management plan.

Campgrounds Campgrounds are open in the Outback. Social distancing should always be observed.
Zoos and wildlife centres For the purpose of maintenance and care for the animals.
Non-residential institutions
Galleries, museums, national and state institutions and historic sites  
State and local government libraries

Limited to 10 people at a time, with no more than one person per 4 square metres and social distancing observed.

Interactive exhibitions to remain closed and toys to be removed.

Note – restaurants and cafes within facilities may open. See exceptions for seated dining under Food and drink above.

Community facilities (such as community centres and halls, recreation centres, youth centres, community clubs, RSLs, PCYCs)

Community facilities that operate community services may continue to operate to the extent they provide such services, including:

  • Community hubs in remote communities may continue to operate if they are essential for distributing health or medical information or education to the community, with social distancing observed.
  • Community facilities may continue to operate if they provide formal out of school hours care, with social distancing observed.
  • Facilities may remain open for the purpose of hosting essential voluntary or public services, such as food banks or homeless services, with social distancing observed.
Places of worship, weddings and funerals

Weddings with a maximum attendance of 10 guests, with no more than one person per 4 square metres and social distancing observed to the extent possible. The couple and celebrant are in addition to the 10 attendees.

Contact information must be kept about all guests and staff for contact tracing purposes, including name, address and mobile phone number for a period of at least 28 days. If requested, this information must be provided to public health officers. The information should be securely stored, not used for any other purpose and deleted after 28 days.

Funerals attended by a maximum of 20 people indoors or 30 people outdoors with no more than one person per 4 square metres, except if an exemption is granted on compassionate grounds by the Chief Health Officer. A maximum of 3 people can conduct the funeral service in addition to the 20 indoor or 30 outdoor attendees.

Note – the maximum number of people allowed at a funeral will be determined by whether a funeral is held indoors or outdoors. 30 outdoor guests cannot be in addition to 20 indoor guests.

Contact information must be kept about all guests and staff for contact tracing purposes, including name, address and mobile phone number for a period of at least 28 days. If requested, this information must be provided to public health officers. The information should be securely stored, not used for any other purpose and deleted after 28 days.

Private worship or small religious ceremonies at a place of worship with a maximum attendance of 10 people, with no more than one person per 4 square metres.

Contact information must be kept about all guests and staff for contact tracing purposes, including name, address and mobile phone number for a period of at least 28 days. If requested, this information must be provided to public health officers. The information should be securely stored, not used for any other purpose and deleted after 28 days.

Live streaming of a wedding, funeral or other service may be conducted with the maximum number of people outlined above, including the camera operator, with social distancing observed.

  1. Additional requirements for the provision of takeaway are as follows:
    1. social distancing, including keeping 1.5 metres between people must be accommodated, implemented and monitored by employees or contractors of the retail food service provider;
    2. gathering for the purposes of ordering or collecting must not exceed one person per 4 square metres;
    3. the retail food service provider may only operate to the extent they are not promoting or facilitating persons consuming takeaway food or drink on or adjacent to their premises.

      Example: tables and chairs should be removed and all reasonable steps taken by the retail food service to direct persons away from gathering to consume takeaway food or drink on or adjacent to, the relevant premise.

  2. Additional requirements for the provision of food and beverages by truck driver rest facilities are as follows:
    1. tables, seating and road user numbers should be managed to provide appropriate social distancing according to the latest advice on the Australian Government’s Department of Health website;
    2. remove all self-serve options unless pre-packaged.

    Note – The Chief Health Officer has issued a Notice for access to truck driver rest facilities recommending owners or operators of businesses operating truck driver rest facilities continue normal opening hours for heavy vehicle drivers and essential road users during the COVID-19 emergency to assist in the safe movement of road freight, heavy vehicle drivers and essential road users.

  3. Additional requirements for boot camps and personal training:
    1. participants must bring their own equipment where possible (for example, gym mat);
    2. frequent environmental cleaning and disinfecting should be maintained for equipment by personal trainer/boot camp instructor;
    3. no contact sports or contact skills training (for example, boxing with a partner, tackling or wrestling) unless with a member of your household.
  4. Additional requirements for social sporting-based activities are as follows:
    1. limited to non-contact skills training. Accidental contact may occur but no deliberate body contact drills. No wrestling, holding, tackling or binding unless with a member of your household;
    2. 10 people includes all players, coaches, spectators and any other person that attends the sporting-based activity;
    3. communal showers and change rooms must be closed. Toilets may remain open.
    4. minimise use of communal facilities;
    5. maintain social distancing, hand hygiene and frequent environmental cleaning and disinfection.

      Notes: shower with soap before and after training or activity at home; no unnecessary co-mingling, especially outside of the sporting facility - “Get in, train, get out”.

  5. Additional requirements for swimming pool operators for swimming pools being used for training/rehabilitation purposes are as follows:
    1. no spectators, except for up to one parent/carer per child if necessary;
    2. communal showers and change rooms must be closed. Toilets may remain open;
    3. minimise use of communal facilities;
    4. maintain social distancing, hand hygiene and frequent environmental cleaning and disinfecting.

      Notes: shower with soap before and after training (at home, not at the pool); no unnecessary co-mingling, especially outside of the pool - “Get in, train, get out”.

  6. Additional requirements for swimming pool operators for swimming pools being used for recreational purposes are as follows:
    1. limit total numbers of people. Where possible, up to one parent/carer per child if necessary;
    2. communal showers and change rooms must be closed. Toilets may remain open;
    3. minimise use of communal facilities;
    4. maintain social distancing, 4 square metres per person in the pool, hand hygiene and frequent environmental cleaning and disinfecting.

      Notes: shower with soap before and after attendance at the pool (at home, not at the pool); no unnecessary co-mingling, especially outside of the pool.

  7. If this Direction requires a business to maintain a 4 square metre requirement, this applies to areas of the business that are open to or used by the public (for example for a café or restaurant, the dining area, but not the kitchen).
  8. Despite the requirements of this Direction, a person or body that operates a professional sporting code of national significance may operate in accordance with an exemption granted by the Chief Health Officer including, for example, operating in compliance with a health management plan.

Definitions

  1. Community hub means:
    1. a facility in a remote or discrete community acting as a place of refuge or evacuation place in a disaster; or
    2. a community facility in an Aboriginal or Torres Strait Islander community that provides essential activities or services relating to child care, youth, harm minimisation and diversion.
  2. COVID SAFE Checklist means the applicable COVID SAFE Checklist published on a Queensland Government website for the type of business, activity or undertaking.

    Note – see https://www.covid19.qld.gov.au/

  3. Essential road user means a person to whom the following paragraphs (a) to (d) applies:
    1. The person is required to leave their place of residence to:
      1. perform work or volunteering or carry out or conduct an essential business, activity or undertaking; or
      2. to comply with or give effect to the exercise of a power or function of a government agency or entity under a law;
    2. The person’s work, business activity or undertaking to be performed is of a nature that cannot reasonably be performed from the person’s place of residence;
    3. The person cannot reasonably return to their place of residence, business, work or undertaking to partake in a meal; and
    4. It is reasonably necessary for the person to utilise the facilities of the truck driver rest facility to undertake fatigue management breaks.

    Examples – essential road users include road and rail workers such as RoadTek and Queensland Rail maintenance crews, utilities workers, agriculture sector workers (such as specialist maintenance staff required to maintain sugar mills), workers required to calibrate or maintain equipment essential to continue the safe operation of critical infrastructure and systems, critical resources sector employees, emergency services personnel, health practitioners, authorised officers (such as local government inspectors) and volunteers providing essential care (such as a Meals on Wheels volunteer delivering food to the elderly).

  4. Local means a person whose principal place of residence is in the Outback or a person who is performing work or volunteering in the Outback under paragraph 6(e) of the Home Confinement, Movement and Gathering Direction (No. 5) or its successor.

    Example – a fly-in fly-out worker, a seasonal worker, contractor or locum.

  5. Outback means the areas of Queensland listed in Schedule 1 of the Home Confinement, Movement and Gathering Direction (No. 5) made on 14 May 2020, or its successor.
  6. Permitted purpose means a purpose permitted under paragraph 6 of the Home Confinement, Movement and Gathering Direction (No. 5) made on 14 May 2020, or its successor.
  7. Qualified massage therapist means a massage therapist who:
    1. holds a relevant qualification (minimum AQF level 4 (Certificate IV)) under the Australian Qualifications Framework;

      Example – Certificate IV in Massage Therapy, Diploma of Remedial Massage or Bachelor of Health Science (Myotherapy)

    2. is a member of a professional organisation within the meaning of section 10 of the Private Health Insurance (Accreditation) Rules 2011 (Cwlth); and
    3. holds approved provider status with one or more private health funds.
  8. Recreation has the same meaning as under the Home Confinement, Movement and Gathering Direction (No. 5) made on 14 May 2020, or its successor.
  9. Relevant authority means an emergency officer appointed under the Public Health Act 2005.
  10. Skin penetration has the same meaning as in section 17 of the Public Health (Infection Control for Personal Appearance Services) Act 2003.
  11. Truck driver rest facility means businesses operating a truck driver lounge, truck driver room, or similar facility at a road side service centre or service station, which normally provide heavy vehicle drivers access to amenities such as food, showers, restrooms and facilities to undertake fatigue management breaks.

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

14 May 2020

Published on the Queensland Health website 14 May 2020 at 10:10 pm

Last updated: 31 May 2020