Superseded - Restrictions in Private Residences Direction

This direction has been superseded by the Movement and Gathering Direction (No. 12)

Summary

From Saturday 28 March, restrictions have been applied to private residents to help prevent the spread of novel coronavirus (COVID-19). Under this direction, households must have no more than 10 people in them at any one time.

This does not apply to households where more than 10 people actively reside in the household, for example if 12 people live in one household, they can be there at the same time, but no visitors or non-residents are allowed.

Fines apply for people who do not comply with this direction.

Practicing social distancing, including keeping visitors to a minimum are ways to slow the spread of the virus, read more about this on the Australian Government website.

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 Ac 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Citation

  1. This Public Health Direction may be referred to as the Restrictions in Private Residences Direction.

PART 1 — DIRECTION – RESTRICTIONS IN PRIVATE RESIDENCES

  1. These directions apply from 11.59pm on Friday, 27 March 2020 until the end of the declared public health emergency, unless they are revoked or replaced.
  2. Subject to paragraph 4, an owner, resident, tenant, occupier, temporary occupier or person in control of a residence must:
    1. not allow more than ten people to be present at the residence at any one time; and
    2. take reasonable steps to encourage occupants of, and visitors to, the residence to practise social distancing to the extent reasonably practicable.
  3. This direction does not apply if:
    1. more than ten people are present at a residence, but all of them ordinarily live at the residence, including if family or kinship customs or cultural obligations have the effect of a person living across multiple residences; or
      Example – a family of 12 persons that occupy a single residence may be present at the same time, but must not allow others to be present
    2. the residence is:
      1. accommodation provided by a school, university or educational institution, but social distancing must be practised to the extent reasonably practicable; or
      2. a hostel, bed and breakfast or boarding house, but social distancing must be practised to the extent reasonably practicable.Note: See the Non-essential business, activity and undertaking Closure Direction (No. 3) made on 27 March 2020 for requirements applying to hostels, bed and breakfasts and boarding houses.

Definitions

For the purposes of this Public Health Direction:

  1. Corrective services facility has the same meaning as in the Corrective Services Act 2006.
  2. Detention centre has the same meaning as in the Youth Justice Act 1992.
  3. 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) – shed, pool house, carport, granny flat.

      6. but does not include a corrective services facility or detention centre.
  4. Resident has the meaning given in section 14 of the Residential Tenancies and Rooming Accommodation Act 2008.
  5. Social distancing includes remaining at least 1.5 metres away from other persons, regular washing of hands and avoiding handshaking.
  6. Tenant has the meaning given in section 13 of the Residential Tenancies and Rooming Accommodation Act 2008.

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

27 March 2020

Published on the Queensland Health website at 27 March 2020, 08:25pm

Last updated: 2 April 2020