Superseded - Self-isolation for Diagnosed Cases of COVID-19 Direction (No. 2)

This direction has been superseded by the Self-isolation for Diagnosed Cases of COVID-19 Direction (No. 4)

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-isolation for Diagnosed Cases of COVID-19 Direction made on 27 March 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other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not been expired or been revoked.

Citation

  1. This Public Health Direction may be referred to as the Self-isolation for Diagnosed Cases of COVID-19 Direction (2).

Revocation

  1. The Self-Isolation for Diagnosed Cases of COVID-19 Direction made on 27 March 2020 is revoked from the time of publication of this direction.

PART 1 — DIRECTION – SELF-ISOLATION FOR DIAGNOSED CASES OF COVID-19

  1. The purpose of this Part is to require persons diagnosed with COVID-19 to self-isolate in order to limit the spread of COVID-19.
  2. These directions apply from the time of publication until the end of the declared public health emergency, unless they are revoked or replaced.
  3. A person who is diagnosed with COVID-19 in Queensland:
    1. if the diagnosis is communicated to the person in a place other than where the person resides, must:
      1. travel directly from that place to a premises that is suitable for the person to reside in and reside in that premises until clearance from self-isolation is given under clause 8; or
      2. travel directly to, or remain at, a hospital for medical treatment, and following treatment and discharge from the hospital, travel directly to a premises that is suitable for the person to reside in and reside in that premises until clearance from self-isolation is given under clause 8; and
    2. any travel under clause 7(a) must be by:
      1. private vehicle; or
      2. taxi or ride share with the person wearing a protective mask; and
    3. if the diagnosis is communicated to the person in suitable premises where the person resides, must reside in that premises beginning on the day of the diagnosis and ending when clearance from self-isolation is given under clause 8; and
    4. must not leave the premises, 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; and

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

    5. must not permit any other person to enter the premises unless that other person usually lives at the premises or is living at the premises for the purpose of self-isolation, or for medical or emergency purposes.
  4. A person subject to clause 7 is given clearance from self-isolation at the earlier of:
    1. 14 days after diagnosis if a further direction to self-isolate has not been given to the person under section 362H of the Public Health Act 2005;
    2. if a further direction has been given to the person under section 362H of the Public Health Act 2005, 14 days following the issuance of that direction, or any subsequent direction given to the person;
    3. if a registered nurse or a medical practitioner from a treating Hospital and Health Service (as defined under the Hospital and Health Boards Act 2011 (Qld)) certifies that the person has met the ‘release from isolation’ criteria, including where applicable, the criteria for healthcare workers and workers in aged care facilities, as outlined in the ‘Coronavirus Disease 2019 (COVID-19) CDNA National Guidelines for Public Health Units’, as amended from time to time, available at https://www1.health.gov.au/internet/main/publishing.nsf/Content/cdna-song-novel-coronavirus.htm.
  5. Certification under clause 8(c) must be in writing but is not required to be in a particular form.

Definitions

For the purposes of this Public Health Direction:

  1. Premises has the same meaning as in Schedule 2 of the Public Health Act 2005, but excludes vehicles.

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

28 April 2020

Published on the Queensland Health website 28 April 2020 at 10:05 am

Last updated: 19 May 2020