Border Restrictions Direction (No. 11)

Summary

Effective from: 1.00am 8 August 2020

Posted: 7 August 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 17 August 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 this direction, all people entering Queensland should practise physical distancing and risk mitigation measures such as remaining 1.5 metres away from other persons and regular washing of hands.

Preamble

1. This Public Health Direction replaces the Public Health Direction referred to as the Border Restrictions Direction (No. 10) given on 31 July 2020.

Citation

2. This Public Health Direction may be referred to as Border Restrictions (No. 11).

Revocation

3. The Border Restrictions Direction (No. 10) given on 31 July 2020 is revoked from 1.00am on 8 August 2020.

Commencement

4. This Direction applies from 1.00am on 8 August 2020 until the end of the declared public health emergency, unless it is revoked or replaced.
5. This Direction applies to all persons who arrive in Queensland from a place outside of Queensland.

PART 1—ENTRY DECLARATION

6. Every person entering or proposing to enter Queensland from another State or Territory must:
   1. provide a valid Queensland Border Declaration Pass; and
   2. provide an undertaking that the person will present for a COVID-19 test if the person develops symptoms consistent with COVID-19 within 14 days of entering Queensland; and
   3. comply with the undertaking while present in Queensland.
7. A  person provides a Queensland Border Declaration Pass by providing in a written or electronic declaration to the best of their knowledge, true and correct information about the following:
   1. in the 14 days prior to entering Queensland, whether the person has:
      1. been overseas; or
      2. if a non-border zone resident, been in a COVID-19 hotspot; or
      3. had contact with a person who is a confirmed case of COVID-19; or
      4. been a cleared case of COVID-19 in which case the person will not be permitted to enter Queensland unless they are given an exemption by the Chief Health Officer under paragraph 21; or
      5. had symptoms consistent with COVID-19; or
      6. if a border zone resident, been in a COVID-19 hotspot outside the border zone; and
   2. whether the person is a confirmed or cleared case of COVID-19, in which case the person will not be permitted to enter Queensland without an exemption from the Chief Health Officer; and
   3. the person’s name, date of birth, phone number, address and email address; and
   4. if requested, for an adult, provide satisfactory evidence of the person’s identity, for example, a driver’s licence or Medicare care card; and
   5. if requested, if the person is a border zone resident, provide evidence that the person resides in the border zone and that person complies with Part 2A; and
   6. any other information required by an emergency officer (public health).
8. A Queensland Border Declaration Pass is valid for the purpose of entering Queensland for the shorter of the following periods:
   1. 7 days from the day the declaration is made; or
   2. if any of the person’s circumstances in paragraph 7 have changed.
9. Despite paragraph 6, the following persons are not required to provide the Queensland Border Declaration Pass or undertaking:
   1. a person responding to an emergency in Queensland performing an essential activity related to national and state security, police, health or emergency services; and
   2. maritime crew who are not required to complete a Queensland Border Declaration Pass under the Protocol for Maritime Crew approved by the Chief Health Officer; and
   3. a person remanded in custody of a state or commonwealth law enforcement agency, subject to an extradition order or otherwise, who is required to enter Queensland to comply with a court order or assist with or participate in an investigation or other action at the direction of the law enforcement agency.
10. A person who has not provided a Queensland Border Declaration Pass or undertaking as required by this Direction must not enter Queensland.

PART 2—RESTRICTIONS ON PEOPLE ENTERING FROM COVID-19 HOTSPOT

11. A person who has been in a COVID-19 hotspot in the 14 days prior to entering Queensland must not enter Queensland unless:
    1. the person is a Queensland resident, the person is moving to Queensland as a new resident or the person is a border zone resident who is a Queensland resident; or

    Note: a border zone resident who is a New South Wales resident is not permitted to enter Queensland if they have been in a COVID-19 hotspot outside of the border zone.

    2. to comply with an order to attend a Court or Tribunal or to give effect to orders of a Court or Tribunal; or
    3. to fulfil a legal obligation relating to shared parenting or child contact including as part of an order or arrangement under the Child Protection Act 1999; or
    4. to assist with or participate in a State or Commonwealth law enforcement investigation or other action at the request or direction of a State or Commonwealth department or law enforcement agency; or
    5. to perform an essential activity in Schedule 1; or
    6. the person arrives by air to an airport in Queensland and:
       1. transfers directly to another flight to leave Queensland without leaving the confines of the airport; or
       2. quarantines until the time of their flight to leave Queensland; or
       3. if the person arrives to Coolangatta airport from an approved airport, transits directly by road to leave Queensland without leaving the vehicle; or
    7. the person arrived by air to a COVID-19 hotspot for the sole purpose of transiting through an airport in the COVID-19 hotspot and did not leave the confines of the airport; or

    Note: a person who has transited through Tullamarine Airport in Victoria will be required to quarantine – see Schedule 2

    8. the person is a student at a higher education institution or boarding school and is entering Queensland for the purposes of receiving instruction, including a parent or guardian accompanying a student who is a minor; or
    9. the person is entering Queensland to obtain specialist health care, or as a support person to a person obtaining specialist health care, that cannot be obtained at their place of residence and provides evidence of the time and place in Queensland that the specialist health care is to be provided.

    Example – a parent bringing a child for specialist treatment at the Queensland Children’s Hospital will need to provide evidence of the specialist appointment such as a letter from the hospital.

12. Despite paragraph 11, an unaccompanied minor is not permitted to enter Queensland from a COVID-19 hotspot.
13. A person permitted to enter Queensland from a COVID-19 hotspot:
    1. under paragraph 11(e) to perform an essential activity must comply with the requirements in Schedule 1 and requirements for quarantine and evidence in Part 3 and Schedule 2; or
    2. as a border zone resident must comply with the requirements for quarantine and evidence in Part 2A and Schedule 2; and
    3. under another ground in paragraph 11 must comply with the requirements for quarantine and evidence in Part 3 and Schedule 2.
14. A person permitted to enter Queensland from a COVID-19 hotspot is only permitted to enter Queensland by air unless stated otherwise in column 5 of Schedule 2.

Part 2A—BORDER ZONE RESIDENTS

15. The border zone is the geographical area comprising the border communities within New South Wales and Queensland within the postcodes listed in Schedule 3 and represented visually on the Public Health Direction (COVID-19 Border Restrictions) Map approved by the CHO and published on the Queensland Health website.

    Note: a copy of the map is available at https://www.health.qld.gov.au/__data/assets/pdf_file/0026/998000/map-border-zones-qld-border-restriction-direction.pdf

16. A border zone resident who is a New South Wales resident is:
    1. permitted to enter and remain in the border zone within Queensland; and
    2. must not travel outside the border zone within Queensland, unless –
       1. they are a construction worker attending a construction site outside the border zone; and
       2. they travel by private vehicle to and from the construction site without exiting the vehicle and do not leave the confines of the construction site; and
    3. must not enter Queensland if the resident had travelled in a COVID-19 hotspot outside the border zone within the 14 days prior to entering Queensland.
17. A border zone resident who is a Queensland resident is:
    1. permitted to enter and remain in the border zone within New South Wales; and
    2. must quarantine in accordance with the requirements in Part 3 and Schedule 2 if the resident enters a COVID-19 hotspot outside the border zone.

Part 3—QUARANTINE

18. Any person who has not been to a COVID-19 hotspot in the preceding 14 days, or is not a confirmed case of COVID-19, may enter Queensland.
19. A person who enters Queensland must quarantine if in the 14 days prior to entering Queensland:
    1. the person has been overseas; or
    2. the person has had contact with a person who is a confirmed case of COVID-19; or
    3. the person has been in a COVID-19 hotspot and is permitted to enter under Part 2; or
    4. the person has been a cleared case of COVID-19 who has been given an exemption to enter Queensland by the Chief Health Officer under paragraph 21; or
    5. the person has had symptoms consistent with COVID-19; or
    6. the person is a border zone resident who is a Queensland resident who traveled outside the border zone in New South Wales.
20. A person who is required to quarantine under this direction:
    1. must comply with the requirements for quarantine, if any, in Schedule 2; and
    2. will be quarantined for a further period of 10 days from the end of the quarantine period in Schedule 2 if the person is not tested for COVID-19 when requested to do so by an emergency officer (public health); and
    3. Chapter 8, Part 7AA of the Public Health Act 2005 applies to a person required to quarantine under this Direction.

Part 4—OTHER MATTERS

21. The Chief Health Officer may give a person or class of persons an exemption:
    1. to enter Queensland if the Chief Health Officer considers the person is essential for the proper functioning of the State and the person must be physically present in Queensland; or
    2. from a requirement in this Direction if other extreme exceptional circumstances exist.
22. An emergency officer (public health) can require any person to quarantine if the emergency officer believes the direction is reasonably necessary to assist in containing, or to respond to, the spread of COVID-19 within the community.
23. Only the Chief Health Officer or the Deputy Chief Health Officer can exempt a person from entering quarantine as required under this Direction.

Part 5—DEFINITIONS

For the purposes of this Public Health Direction:

24. Air crew means air crew on active duty including airline general aviation crew and off-shift crew who are travelling as passengers on an aircraft to reposition at another location to immediately commence duty.
25. Approved airport means any airport other than Melbourne Airport located in Tullamarine, Victoria.
26. Border zone see paragraph 15.

Note: a copy of the map is available at https://www.health.qld.gov.au/__data/assets/pdf_file/0026/998000/map-border-zones-qld-border-restriction-direction.pdf

27. Border zone resident means a person who usually resides in the border zone.

Note: a person may be either a border zone resident who resides in New South Wales within the part of the zone in New South Wales or a border zone resident who resides in Queensland within the part of the zone in Queensland.

28. Cleared case of COVID-19 means a person who was a confirmed case of COVID-19 and has been given a letter or other written evidence from a doctor or health authority of the jurisdiction where they were diagnosed that they are cleared of COVID-19.
29. Confirmed case of COVID-19 means a person who has been clinically diagnosed with COVID-19 who is not a cleared case.
30. Contact tracing officer means a person appointed as a contact tracing officer under the Public Health Act 2005.
31. COVID-19 hotspot means a particular area of Australia decided by the Chief Health Officer and published on the Queensland Health website (https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/current-status/hotspots-covid-19).
32. COVID-19 related duties means a person was on duty in the COVID-19 hotspot in response to the COVID-19 public health emergency performing duties such as supervising quarantine, giving quarantine directions or transporting confirmed cases or cleared cases but does not include office-based or remote work such as working in an emergency or disaster coordination centre.
33. Emergency officer (public health) means an emergency officer appointed under the Public Health Act 2005.
    Note: Emergency officers appointed under the Public Health Act 2005 include public health officers and police.
34. Essential activity means an activity in the table in Schedule 1.
35. Government nominated-accommodation means a hotel or other accommodation premises at which the person is directed to quarantine at their own expense in accordance with Chapter 8, Part 7AA of the Public Health Act 2005.
36. Maritime crew includes anyone required to be part of a crew operating or providing services to support the operation of a commercial vessel, research vessel or government vessel in Australian waters but does not include cruise vessels, private vessels, super yachts or recreational vessels.
37. New resident means a person who is moving to Queensland to make it their principal place of residence and who can provide written evidence that they are relocating to Queensland if required by an emergency officer (public health) and evidence of where they will be residing upon completion of their mandatory quarantine.
38. Nominated Premises means:
    1. government nominated accommodation as directed by an emergency officer (public health); or
    2. for air crew, the air crew accommodation provided by the person’s employer or the aircrew’s residence; or
    3. another premises as directed by an emergency officer (public health).

    Note: For example, a person may be directed by an emergency officer (public health) to quarantine at government-nominated accommodation such as a hotel at their own expense in accordance with section 362MC of the Public Health Act 2005. 

39. Quarantine means in accordance with Schedule 2.
40. Queensland Border Declaration Pass see paragraph 7.
41. Queensland resident is a person whose primary place of residence is in Queensland.
42. Symptoms consistent with COVID-19 means fever or history of fever, symptoms of acute respiratory infection (cough, shortness of breath, sore throat) or loss of smell or loss of taste.
43. Unaccompanied minor is a child who is not in the presence of a responsible adult.

PART 6—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 or 6 months imprisonment.

Dr Jeannette Young

Chief Health Officer

7 August 2020

Published on the Queensland Health website 7 August 2020 at 1.45am

Schedule 1 – Essential activity

1. A person entering Queensland for an essential activity must only remain in Queensland for the time necessary to carry out the activity and must:
   1. keep and retain written records of close contacts for a 14-day period commencing on their date of arrival in Queensland, or, if they remain in Queensland for a period of less than 14 days, for that period; and
   2. provide the records to an emergency officer (public health) if directed by an emergency officer (public health) or to a contact tracing officer; and
   3. minimise contact with the community for a period of 14 days; and
   4. to the extent reasonably practicable, practice physical distancing including by remaining at least 1.5 metres from other people.
2. For the purpose of paragraph 1:
   1. a person is a close contact of another person if they are in the company of the other person:
      1. within an enclosed space for a period of 2 hours or longer; or
      2. within 1.5 metres of the other person for a period of 15 minutes or longer; and
   2. the records that are required to be kept are:
      1. the name and phone number and email address of the close contact and the day, time and location at which the close contact occurred; or
      2. if the name and phone number or email address are not known or it is not reasonably practicable to obtain them, the day, time and location at which the close contact occurred.
3. A person who is a Queensland resident who arrives in Queensland from a COVID-19 hotspot:
   1. is not performing an essential activity if the person’s departure from Queensland was for a purpose unrelated to their work or duties, such as a departure for personal or recreational purposes, regardless of whether on return the person falls within the ambit of performing an essential activity; and
   2. will not be permitted enter Queensland on the basis they are performing an essential activity; and
   3. will be treated as a Queensland resident under Part 2, paragraph 11(a) and subject to those quarantine requirements in Schedule 2.

Note: a Queensland resident who may usually perform an essential activity while in Queensland but if they departed Queensland to a COVID-19 hotspot for personal reasons, they will be required to quarantine when returning to Queensland in the same way as other returning Queensland residents and will not be permitted to leave quarantine to perform their essential activity while in quarantine.

4. A person performing an essential activity will be required to quarantine in accordance with the requirements in Schedule 2, if any.
5. Subject to paragraph 3, a person in the table below is performing an essential activity.

Schedule 2 – Queensland Border Declaration Pass and Requirements for Quarantine and mode of entry

Quarantine requirements

For the purpose of this Schedule, the global quarantine requirements are specified in paragraphs 1 to 3 below.

1. The person must:
   1. quarantine in a nominated premises and remain in that place for a period of 14 days commencing on the date of their arrival to Queensland; and

   Note: A person may be directed by an emergency officer (public health) to quarantine at government-nominated accommodation at their own expense in accordance with section 362MC of the Public Health Act 2005.

   2. travel to the nominated premises by the most direct practical route and means to the place; and
   3. not leave the nominated premises for a 14-day period, except:
      1. for the purposes of obtaining essential medical care or supplies or acting as a support person for a person obtaining essential medical care; or

      Example–a parent and child leaving quarantine for a child to receive essential medical treatment at the Queensland Children’s Hospital

      2. to avoid injury or illness or to escape a risk of harm; or

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

      3. in the event of an emergency situation; or
      4. to attend a Court or Tribunal or to give effect to orders of the Court or Tribunal; or
      5. to assist with or participate in a State or Commonwealth law enforcement investigation or other action at the request or direction of a State or Commonwealth department or law enforcement agency; or
      6. for airline crew, to carry out essential regulatory or safety flight related duties or to attend their next work duty; or

      Example–flight simulation training, safety and security training.

      7. to leave Queensland by the most direct route without stopping; or
      8. as otherwise required or permitted under a direction given to the person by an emergency officer (public health); and
   4. provide a negative COVID-19 test result prior to being able to leave quarantine for any reason other than an emergency situation; or
   5. wear a protective mask when leaving quarantine as permitted under paragraph 1(c); and
   6. any travel under paragraph 1(c) must be:
      1. by private vehicle; or
      2. by a taxi with a protective shield between driver and passenger or a taxi van that allows for physical distancing between the driver and passenger; or
      3. by transport arranged by a government authority; and
   7. not permit any other person to enter the nominated premises unless that other person:
      1. resides in the nominated premises or is also quarantining at the nominated premises; or
      2. enters the nominated premises to provide emergency, medical or other essential care to a person residing in the nominated premises; or
      3. enters to fulfil a legal obligation relating to shared parenting or child contact including as part of an order or arrangement under the Child Protection Act 1999; or
      4. enters the nominated premises to give effect to orders of a Court or Tribunal; or
      5. as otherwise required or permitted under a direction given to the person by an emergency officer (public health).
2. A person who is permitted to leave their nominated premises during the period of quarantine must  take all reasonable steps to minimise contact with other persons.
3. A person unable to live independently without ongoing or regular support, including disability support, due to significant health needs, may have a carer or support person quarantine at the nominated premises with them at their own expense.
4. A person permitted to enter Queensland under Part 2 will be required to quarantine as required by paragraphs 1 to 5 above unless the person:
   1. has completed a minimum 14 days of government mandated quarantine in another State or Territory immediately prior to entering Queensland; and
   2. provides the following to an emergency officer (public health):
   1. written confirmation of the person’s quarantine period from a government authority of another State or Territory where the government mandated quarantine was completed; and
   2. written confirmation from the health authority of another State or Territory where the government mandated quarantine was completed that the person had a negative COVID-19 test result after day 10 (or later) of the government mandated quarantine; and
   3. an undertaking that the person wore a protective mask and travelled by the most practicable direct route without stopping from the place of government mandated quarantine to an airport to depart the COVID-19 hotspot and did not leave the confines of the airport.
   3. any travel under paragraph 6(b)(iii) must be by:
      1. private vehicle; or
      2. a taxi with a protective shield between driver and passenger or a taxi van that allows for physical distancing between the driver and passenger; or
      3. transport arranged by the government authority.

   Note–a private vehicle does not include a bus or shuttle service including an airport shuttle, airport transfer service or regional or inter-city bus service.

   4. A person who is unable to meet the all of the requirements in paragraphs a, b and c above must quarantine in accordance with paragraphs 1 to 5 above.
   5. A person who satisfies paragraphs a, b(i) and b(iii) but is unable to meet the requirement in paragraph (b)(ii) above, must quarantine for 14 days or until they receive a negative COVID-19 test result, whichever is the shorter period.

      For example, a returning Queensland resident who has completed government mandated quarantine for 14 days in another State or Territory but has not had a negative COVID-19 test, will be required to quarantine in Queensland until they receive a negative COVID-19 test.

Schedule 3 – Border Zone

1. The border zone comprises the geographical areas within the following postcodes which are represented visually on the Public Health Direction (COVID-19 Border Restrictions) Map approved by the CHO and published on the Queensland Health website.

NEW SOUTH WALES	QUEENSLAND
2361	4207
2372	4208
2405	4209
2406	4210
2409	4211
2410	4212
2474	4213
2476	4214
2484	4215
2485	4216
2486	4217
2487	4218
2488	4220
2489	4221
2490	4222
2833	4223
2834	4224
2838	4225
2839	4226
2840	4227
2880	4228
	4229
	4230
	4270
	4271
	4272
	4275
	4280
	4285
	4287
	4310
	4352
	4370
	4373
	4374
	4375
	4376
	4377
	4378
	4380
	4381
	4382
	4383
	4385
	4388
	4390
	4486
	4490
	4491
	4492
	4493
	4494
	4496
	4498