Enquiries to:

Telephone: Our ref: Your ref:

Karson Mahler Manager Legislative Policy

CAPS2056 A698572

Mr Linus Power MP Chair Economics and Governance Committee Parliament House George Street BRISBANE QLD 4000

Email: egc@parliament.gld.gov.au

Dear Mr Power

Queensland Government

Queensland Health

Thank you for the opportunity to respond to public submissions to the Economics and Governance Committee's inquiry into the Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021.

Please find attached Queensland Health's response to the public submissions. Given the large number of submissions received, Queensland Health has responded to the key themes and issues raised rather than responding to each individual submission.

As the Bill extends a broad range of temporary measures across multiple legislative portfolios, some of the issues raised in the submissions relate to legislation administered by departments other than Queensland Health. To the extent possible and within the time available, Queensland Health has sought input from other departments and, where appropriate, has responded to these issues.

Should you require further information, Queensland Health's contact is Mr Karson Mahler, Manager, Legislative Policy, on or via email at

Yours sincerely

Dr John Wakefield PSM Director-General

1 5 JUL 2021

Level37 1 William St Brisbane GPO Box 48 Brisbane Queensland 4000 Australia

Website health.qld.gov.au

!~~i ii 329 169 412

Economics and Governance Committee inquiry into the Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021

Departmental response to submissions

The Economics and Governance Committee has published 587 public submissions as part of its Inquiry into the Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021.

As the Bill extends a broad range of temporary legislative measures across the statute book, some of the issues raised in the submissions relate to legislation administered by departments other than Queensland Health. To the extent possible and within the time available, Queensland Health has sought input from other departments and, where appropriate, has attempted to respond to these issues. All responses represent the views of Queensland Health, not of any other department or the Government.

Due to the large number of submissions received, Queensland Health has responded to the key themes and issues raised rather than responding to each individual submission. Where practicable, a list of submissions that raised or commented on a particular issue is provided using the numbering in the table below. Where a large number of submissions commented on the same or similar issues, one or more representative submissions are listed rather than providing an exhaustive list.

Sub. No. Submitter Sub. No. Submitter 001 Denis Auberson 295 Kylie Paterson

002 Jack Sommers 296 Mary-Joy Payten 003 Robyn Booth 297 Peter Campbell

004 Tim Packer 298 Sue Reed 005 Amy Kyson 299 Simon Giles

006 Jason Sheehy 300 David Deane

007 Natarsha Tyson 301 Gabrielle Evans

008 Tyler Scott 302 Jessica Cagney 009 Tahlia Filip 303 Werner Schmidlin

010 Nathan Binns 304 Jeremy Morris

011 Dale Schultz 305 Gary Campkin 012 Noel Gilbert 306 Jenelle Leat

013 Judy McKay 307 Vanessa Thomas 014 David and Barbara Briddock 308 Rae Lloyd-Jones

015 Martin Hoyle 309 Marcia-Malouf Evans

016 Maija Boothby 310 Christopher Guy

017 Emma Parish 311 Debbie Cohen 018 Lorelle Golden 312 Sophie Rose 019 Jason Daldy 313 Marisa Bell

020 Nathan Burns 314 Ksenia Novakovich

021 Andrea Newland 315 Dianne Carcary

022 Terrence Carroll 316 Wendy Manzo

023 Elliot Bonser 317 Tim Matchett

024 Amanda Morton 318 Amanda Neil

025 Jonathan Myers 319 Brad Nielsen 026 Kim Edwards 320 Carra James

027 David Neville 321 Matthew Halse

028 Noel Graham 322 Paul Neary

029 Kathleen Sibley 323 John Straw

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030 George Mejak 324 Sarah Keetley 031 Damian Vella 325 Leonie Bell 032 Deb Keighley 326 Rob Avery 033 Australian Lawyers Alliance 327 Joanne French 034 John Porter 328 John Best 035 Rhonda Muller 329 Judith Buckley 036 Natascha Seben 330 Sarah and Trevor Russell 037 Natalie Sunderland-Gilbert 331 Naomi Thomas 038 Margaret Comino 332 The Queensland Police Commissioned

Officers' Union 039 Suzi Hill 333 Ben Hamilton 040 Jan-Marie Brooke 334 Denis Anderson 041 Bruce Nicolson 335 Fiona Stenton 042 Joelle Cope 336 Shalisa Sutton 043 Renae Callanan 337 Glen Petersen 044 Narelle Chenery 338 Kristen Powell 045 The Royal Australian and New Zealand College

of Psychiatrists 339 Mark Vegar

046 Martin Carroll 340 Wendy Philps 047 Mattia Micco Iraci 341 Doug Smith 048 Sian Togyer 342 Anthony Kingdom 049 Leanne James 343 Louisa Pearce 050 Hayley McDonald 344 Christine Follett 051 Natalie Gibson 345 Dr Kevin Farrell 052 Christopher Pidd 346 Alison Kingdom 053 PA Hanson 347 Tracey Cole 054 Jill Whalley 348 Leonie Orton 055 Rachel Wiley 349 Rick Nelson 056 Brett Wilson 350 Rodney Follett 057 Jim Callow 351 Cathy Whiting 058 Rebecca Onley 352 Susan Fry 059 Rebecca Anthony 353 Lisa Grady 060 Lisa Charles 354 Chad and Cassandra Cartwright 061 Amanda Gore 355 Kristy Curita 062 Petra Hatu 356 Melinda and Christopher Borg 063 Confidential 357 Graham Staier 064 Cameron Parry 358 Alina Davis 065 Michael Deskins 359 Lisa Collins 066 Ross Pitman 360 Rebecca Askew 067 Dejna Bushell 361 Tahnee Stevens 068 Tim Cragg 362 Jennifer Hamilton 069 Samantha Hall 363 Aidan Holliday 070 Sue Innes 364 Rebecca Birtles 071 Suhail Mahadevan 365 Tina Thompson 072 Leanne Daniell 366 Pamela McDowell 073 Ben Davis 367 Jackie Bratley 074 Bruce Stacey 368 Adriana Busstra 075 Lisa Williams 369 David Gisbrook 076 Edith Cragg 370 Rohan Bartlett 077 Matt Newman 371 Leilana Apelu 078 Karen Bailey 372 Ainsley Shepherd

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079 Name Withheld 373 Meleigh Mackenzie 080 Mina Hunt 374 Annette Kusters 081 John Murphy 375 Jay Penava 082 Lesley Mitchell 376 Andrea Josephs 083 David Jorgensen 377 Mark Cooper 084 Lisa Dirie 378 Gerard McKeering 085 Dawn Simm 379 Tiffney French 086 Andrew Smith 380 Natalie Gardiner 087 Sharon Durley 381 Brett Fforde 088 Colin Ivory 382 Scott Butler 089 Deborah Keslake 383 Strata Community Association Queensland 090 Scott Huston 384 Liliana Williamson 091 Adele Lorigan 385 Todd Hansen 092 Anne Victorsen 386 Courtney Dwyer 093 Delma Dick 387 Peter James 094 Cheryl Slapp 388 Suzanne Gray 095 Confidential 389 Evan and Robyn Munns 096 Albert Green 390 Sally Berry 097 Crime and Corruption Commission 391 Queensland Council for Civil Liberties 098 Julie Marano 392 Latez Jones 099 Fay Muirhead 393 Electoral Commission Queensland 100 Chris Hood 394 Jo-anne Collins 101 Chris Hood 395 Leonie Shanahan 102 Christine Morris 396 Jenny Abel 103 Peter Littler 397 Australian Logistics Council 104 Mieko Tuckey 398 Sally Morgan 105 Michael Ernst 399 Hellen Schleijper 106 Maureen Blair 400 Susan Garry 107 Darren Buckley 401 Sonia Girelli 108 Kellee Myers 402 Brian Williams 109 Tereza Pepping 403 Nicole McCloskey 110 Jyrki Lehtonen 404 Jo Christmas 111 Yumi Schaefer 405 Antonio Reyes 112 Melissa Tunchon 406 Elizabeth Carlsen 113 Mark Smith 407 Ian Billman 114 Nicola Parkinson 408 Anna Russell 115 Grant Wood 409 Rebecca Sferco 116 Leanne Collett 410 Renee Ferguson 117 Katrina Nyenhof 411 Patricia Newton 118 Louise Jack 412 Charlotte White 119 Elly Prendergast 413 Armanda Martin 120 Logan Hurford 414 Lisa Fox 121 Melanie Bell 415 Abby Skye 122 Tenneille Williams 416 John Buchanan 123 Howard Bell 417 Valerie Hill 124 Joseph Prisk 418 Helene Minto 125 Emilie Matyja 419 Rebecca Smith 126 Leanne Giblin 420 Lyn Stewart 127 Yasmin Turner 421 Allan Cox 128 Steve Legg 422 Valerie and Steve Osburn 129 Jacqueline Savage 423 Sam Starshine

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130 Suzanne Bassette 424 Megan Knight 131 Katheryn Webster 425 Christina Van Vuuren 132 Emma Davis 426 Tia Mallinick 133 John Fitzgerald 427 Paul Odonnell 134 Kathie Brooke 428 Linda Chaplin 135 Leanne Sippel 429 Chris Glennie 136 Karen Buckingham 430 Sakura Morris 137 Rana Smithlee 431 Shelley Darlington 138 Jordan Marks 432 Helen Wilson 139 Inga Kamps 433 Michele Hayres 140 Beverley Bradford 434 Sharon Saunders 141 Yvette Bracefield 435 Denise Lloyd-Kelly 142 Aaron Shearer 436 Jose Cabrera 143 Ross W 437 Steve Ramsay 144 Cassandra Browne 438 Daniel Kaergaard 145 Jennifer Machado 439 Nikki Civitarese 146 Jaimee Prasad 440 Jane Welsh 147 Tamara Feldhahn 441 Petra Whitehouse 148 Ryan Daffurn 442 Norm DeWitte 149 Maree Raper 443 Harmony Barclay 150 Donna Lambert 444 Carolyn McPherson 151 Isabelle Davis 445 Ian Colley 152 Rachel Vilt 446 Tomine Reyes 153 Heather O'Toole 447 Beryl Hastie 154 Sophie Robinson 448 Tarryn Daniells 155 Nerida Weaver 449 Philip Osmak 156 Rachel Jones 450 Erica Wallis 157 Jean Summers 451 Terri Groth 158 Mary Gellatly 452 Amy Ossola 159 Brian Benham 453 Travis James 160 Rita Byrne 454 Fiona Redfern 161 Teena Dixon 455 Queensland Nurses and Midwives' Union 162 Dr Alistair Frame 456 Danielle Carrinton 163 Leigh Davidson 457 Kaitlyn Hughes 164 Jacqueline Nakovics 458 Margaret Shand 165 Terri-Anne Murray 459 Riga Walsh 166 Kate Pettett 460 Elizabeth Ishii 167 Julia Charters 461 Amelia Willis 168 Michael Curry 462 Andrew McCracken 169 Kathy Williams 463 Kathryn Geiss 170 Sarah Crowhurst 464 Jennifer Zamora 171 Brenden House 465 Deidre Daniels 172 Catherine Elek 466 Mirjam Hasler 173 Diesel Taylor 467 Andrea Felix 174 Adam Bugg 468 Batia and Michelle Grinblat 175 Jennifer Wake 469 Brenda Kelly 176 Sarah Hansen 470 Megan Bradshaw 177 Paul Booker 471 Danielle Tooley 178 Lyn Deasy 472 Brenda Grimes 179 Stephen Harding 473 Colin Underwood 180 Nicola Economou 474 Elizabeth Kowron

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181 Nicole Whitehead 475 Nicole Osmak 182 Melissa O'Riley 476 Jaqulin Faulkner 183 Nathan Kime 477 Neil Johnston 184 Jason Wilson 478 Queensland Law Society 185 Sabine Harth 479 Name Withheld 186 Fiona Edmunds 480 Queensland Hotels Association 187 James Kyle 481 Patricia Wegener 188 Sherrie Yeomans 482 Emma Priest 189 Patricia Sellies 483 Lynda Lange 190 Bronwynne Bandiera 484 Christine Walton 191 Dave and Debbie Stubberfield 485 Beau Hayman 192 Gemma Campbell 486 Jena Frylink 193 Cheryl Hausmann 487 Sarah Keetley 194 Jake Dilli 488 Greg Thistleton 195 Glen Keighley 489 Katherine Spadaro 196 Michelle Dickinson 490 Eden Rutherford 197 Dr William Gosling 491 Wayne and Marian Dyer 198 Marie Brannigan 492 Richard Davies 199 Dean Janetzki 493 Confidential 200 Hope Brookes 494 Kelly and Mike Frylink 201 Dylan Swepson 495 Sarah Manning 202 Greg Morris 496 Daniel Lowe 203 John Blair 497 Sarah Williams 204 Carla Miller 498 John Tyler 205 Chantelle McCullough 499 Fiona Perl 206 Gemma Russell 500 Mary-Jane Szilagyi 207 Katerina Taylor 501 Philippa McKendry 208 Judith Khan 502 Claudia Schmeink 209 Vivienne Everett 503 Terence Pope 210 Elissa and Nathan Helberg 504 David Latham 211 Dave St Henry 505 Sue O'Donnell 212 Jasmine Collins 506 Queensland Human Rights Commission 213 Tracey Callanan 507 Peita Rollilngs 214 Gina Palmer 508 Alana Phillips 215 Evan Munns 509 Gail Tumes 216 Niels and Margaret Pleysier 510 Kylie Drury, Jeffery and Tricia Agar, Simon and

Bridget Knight and Trent and Kaye Minnett 217 Michael Byrne 511 Liz Walker 218 Stephanie Ambrose 512 Joanne Douglas 219 Danielle Rogers 513 Daniel Popovich 220 Andrea Montgomerie-Williams 514 Mark Batt 221 Karen Garner 515 Charles Skele 222 Debra Fretus 516 Sharon Anyos 223 Shari Ware 517 Michael Bannister 224 Denise Georges 518 Patricia Steffens 225 Michelle Loadsman 519 Tom Cochrane 226 Sharon Vallance 520 Rachel Adams 227 Pat Flaherty 521 Anthony Parker 228 Samantha Black 522 Tarnia Evans 229 Benjamin Spratt 523 Allona Lahn 230 Mark Postles 524 Lyndon Thomas

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231 Kate Campbell 525 Bianca Sparreboom 232 Louise Reiss-James 526 Lyn Mangan 233 Kassandra Brudenell 527 Kim and Anton Mayer 234 David Ferrini 528 Debra Spearritt 235 Helena Craggs 529 Julie McDonald OAM 236 Willem Roozendaal 530 Alison Probst 237 Tyrin Batty 531 Doris Liedmann 238 Susan Kroening 532 Mandy Spooner 239 Bernadette Mcnaught 533 Kingaroy Chamber of Commerce & Industry 240 James Barr 534 Hugh Dickson 241 Mervyn Murray 535 Bronwyn Walker 242 Robyn Worthy 536 Barry Glasson 243 Peta McLean 537 Dr Cornelia Turni 244 Zac Kirby 538 Garry Duffy 245 Joyce Bucholz 539 Janina Rozycki 246 Sam Redman 540 Kylie Gates 247 Ben Limmer 541 Shaya Bugallo 248 Jacinta Richmond 542 Veronica Davidson 249 Victoria Rothschild 543 Peter Stacey 250 Michelle Agius 544 Maria Caranese 251 Angela De Vito-Thorpe 545 Tracey Cabrera 252 Karen Colley 546 Kate Cherry 253 Sharon King 547 Meagan Shearer 254 Roma Flood-Leembruggen 548 Peta Zafir 255 Confidential 549 Brendan Short 256 Lesleigh Jackson 550 Dr Angela Carter 257 Indi Coe 551 Kellie Rossiter 258 Paul Kaye 552 Dr Karen Prince-Popovich 259 Damien Bird 553 Deborah Crawford 260 Maryann Kelly 554 Jan and Philip Morris 261 Sheeba Taylor 555 Adriana Marsh 262 Linda McUtchen 556 Linda Kowron 263 Cara Bucholz 557 Form A 264 Andrew Olive 558 Form B 265 Christian Marchegiani 559 Form C 266 Catherine Ormsby 560 Form D 267 Jared McGinty 561 Form E 268 Cheri Baumann 562 Form F 269 Sonja Hardy 563 Form G 270 Katrina Scuderi 564 Form H 271 Michaela Oliver 565 Form I 272 Amanda Wall 566 Form J 273 Alison Verbruggen 567 Form K 274 Jason Yaxley 568 Form L 275 Cody Charlesworth 569 Form M 276 Dearne Paradies 570 Form N 277 Michele Aney 571 Form O 278 Allan Benton 572 Form P 279 Nicole Hughes 573 Form Q 280 Lica Bienholz 574 Form R 281 Dylan Wilson 575 Form S

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282 Dianne Wallace 576 Form T 283 Grace Field 577 Form U 284 Erica Warner 578 Form V 285 Dennis Monroe 579 Form W 286 Jo'Anne Gray 580 Form X 287 Raymond Paradies 581 Form Y 288 Clair Little 582 Form Z 289 Sophie Laforest 583 Form AA 290 Simon Fooks 584 Form AB 291 Pat Sibley 585 Form AC 292 Will Outridge 586 Form AD 293 Haley Bush 587 Form AE 294 Xolo Ze Perreira

Submissions 45 - Royal Australian and New Zealand College of Psychiatrists (RANZCP)

97 - Crime and Corruption Commission

294-Xolo Perreira

383- Strata Community Association (Qld)

393 - Electoral Commission Queensland

397-Australian Logistics Council (ALC)

455-Queensland Nurses & Midwives' Union (QNMU)

478-Queensland Law Society

17 -Emma Louise Parish

68 - Timothy Cragg

107 - Darren Buckley

192 - Gemma Campbell

222 - Debra Fretus

260 - Maryann Kelly

Clause(s) Bill

Bill

Issue Response Support for extension of expiring provisions Several submissions supported the provisions in the Bill to extend the The support for extending most COVID-19 legislation until 30 April 2022 is noted. temporary COVID-19 legislative framework until 30 April 2022. These included submissions from Royal Australian and New Zealand College of Issues raised by submitters who expressed partial support for the Bill are addressed in the responses to specific Psychiatrists, Queensland Nurses & Midwives Union, Electoral issues in subsequent sections of this table. Commission Queensland and Strata Community Association (Qld).

Issues raised about the particular policies, directions or implementation activities, or about additional extensions Submissions in support of the Bill recognised the need to extend the or permanency measures, are not addressed as they are beyond the contents of the Bill . emergency measures in light of recent recurrences of community transmission and the continuing risks posed by the evolving COVI D-19 pandemic. Submissions also noted that there remains a compelling need to provide regulatory relief and flexibility to a wide range of individuals, property owners, businesses and institutions who are suffering financial hardship or whose activities have been disrupted by the public health emergency.

The Electoral Commission Queensland noted that the Bill will extend a variety of measures that are necessary to ensure that any by-elections conducted during the COVID-19 emergency can incorporate appropriate public health measures.

Partial support for extension of measures Some submissions supported the extension of some or most temporary COVID-19 measures but raised issues in relation to specific measures or provisions of the Bill.

Some submissions, while supporting the Queensland Government's public health response, suggested changes or improvements that could be made to particular policies, directions or implementation activities. A few submissions recommended that certain measures be extended beyond 30 April 2022 or made permanent.

Opposition to or concerns with extension of expiring provisions A significant number of submissions opposed the extension of the temporary COVID-19 legislative framework on the basis that the powers and discretion delegated to the Chief Health Officer and emergency officers under the Public Health Act 2005 are too broad or are not subject to appropriate constraints, including adequate parliamentary and public scrutiny. To a lesser extent, similar concerns were raised in connection with the powers and discretion granted to Ministers and public officials by temporary amendments and modifications to other Acts, especially the modification framework established under the COV/O-19 Emergency Response Act 2020.

Some submitters argued that while the current legislative framework has been effective at protecting the public and responding to disruption caused by COVI D-19, the further extension of these measures is unjustified because there has been adequate time for Parliament to enact more targeted measures that allow the Government to respond effectively to the public health emeraencv while providina areater political accountabilitv.

The Department acknowledges there are differing views about the Government's legislative response to COVID-19, including whether it is appropriate to delegate certain powers and the extent to which Parliament should directly manage the public health response. While these are ultimately matters for Parliament, the Department notes that the Government has been highly successful in containing the spread of COVID-19 and mitigating the impact of the public health emergency on businesses and the economy. The ability to respond effectively has been made possible by the emergency powers and other temporary measures that will be extended by the Bill.

The temporary emergency powers provided under the Public Health Act authorise the making of public health directions that have proven critical to the Government's efforts to limit, and respond to, the spread of COVID-19 in Queensland. These powers provide the Chief Health Officer with the ability to quickly implement the recommendations of National Cabinet and the Australian Health Protection Principal Committee without the need to remake or amend Acts or Regulations, which would have delayed and limited the effectiveness of measures to protect the public and limit the adverse health and economic impacts of COVID-19 in Queensland. The emergency

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Submissions 290-Simon Frooks

332-Queensland Police Commissioned Officers Union (QPCOUE)

344-Mrs Rae Lloyd-Jones

391 -Queensland Council for Civil Liberties (QCCL)

404-Jo Christmas

406-Elizabeth Carlsen

506-Queensland Human Rights Commission (QHRC)

533 - Kingaroy Chamber of Commerce & Industry Inc.

Clause(s) Issue

The Queensland Human Rights Commission (QHRC) acknowledged there may be value in extending some of the expiring provisions but expressed concerns with the proposed approach, stating that it may erode parliamentary scrutiny and diminish the culture of respect for human rights. In particular, QHRC opposes extension of the modification framework and believes that any extraordinary regulations and statutory instruments made under it should be enacted through primary legislation. QHRC also believes the Bill should include additional human rights safeguards and that the statement of compatibility accompanying the Bill should provide additional justification of potential limitations of human rights.

The Queensland Council for Civil Liberties (QCCL) stated that it cannot be demonstrated that the emergency powers will remain necessary and proportionate until 30 April 2022. QCCL expressed qualified support for an extension until 31 December 2021 on the assumption that all adult Australians will have access to a vaccine by that time. QCCL suggested that several changes be made to the current legislative framework.

Some submitters queried why the Bill is before the Economics and Governance Committee rather than the Health and Environment Committee.

Other objections to extending the current legislative framework included:

•

•

•

• •

The extension of these measures is contrary to messaging regarding the phased response to COVID-19 and the reduced need for restrictions as supply and take-up of vaccinations increases. The extension of the measures is unjustified because COVI D-19 no longer poses a serious risk to the community. The emergency measures should be subject to a plebiscite or referendum. There should be a clear exit strategy from the emergency measures . The Bill is contrary to international law, the Australian Constitution or Commonwealth Acts.

Response powers and associated public health measures also underpin Queensland's quarantine system and contact tracing efforts, which are critical to effective efforts at prevention and containment.

The power of the Chief Health Officer to issue public health directions has made it possible to take prompt preventative measures, such as restrictions on movements and gatherings, and to continually tailor and revoke these measures as appropriate so as to minimise adverse impacts on individuals, businesses and the Queensland economy. This framework has made it possible to revoke or ease public health restrictions as soon as it has been safe to do so, ensuring that restrictions are only applied for the shortest period of time necessary to address the public health risk. Most recently, the powers to make and enforce public health directions were used to impose a three-day lockdown of Southeast Queensland, Palm Island and Townsville on 29 June 2021 to prevent the potential spread of COVI D-19, including the highly-contagious Delta variant, after a confirmed case was detected in the community. Had the Government not been able to act quickly and decisively in these circumstances, and during previous outbreaks, it may have been necessary to keep restrictions in place for longer, as has been experienced in other States, and to expand the lockdown to other parts of Queensland.

In addition to addressing the immediate risks of COVID-19 to public health and safety, the Government has been able to provide regulatory relief to individuals and businesses to minimise disruption to ordinary activities and facil itate the continued functioning of Queensland's institutions and the economy to the extent possible during the public health emergency. This has been made possible by a range of temporary COVID-19 amendments, modifications and extraordinary regulations and statutory instruments made under the modification framework authorised by the COVID-19 Emergency Response Act. These measures have facilitated a whole-of-government approach that has been successful in responding quickly and flexibly to a range of things disrupted, caused or affected by the pandemic.

While Queensland's management of outbreaks in the community has been rapid and effective, the COVID-19 emergency is ongoing and measures are still required to protect the health, safety and welfare of Queenslanders. Despite overall low numbers of COVID-19 in Queensland, recent outbreaks in Queensland and other Australian jurisd ictions and continued large-scale transmission around the world serve as a clear reminder of how rapidly COVID-19 can spread and overwhelm health systems. Certain risks for community transmission in Queensland, such as interstate cross-border travel, will remain while the virus continues to circulate in Australia. Queensland also continues to receive significant numbers of overseas arrivals and cases of COVID-19 continue to be detected in hotel quarantine, including highly contagious variants.

For these reasons, the public health emergency for COVI D-19 continues to require a significant response from the health system and support from other government departments. It is expected the need for emergency powers will remain until a large number of the Queensland population has been vaccinated and the risk of widespread outbreaks has subsided.

Extending the temporary COVID-19 legislative framework until 30 April 2022 will ensure the Government can continue to respond quickly and effectively to protect the health and safety of the community, facil itate the continued functioning of businesses and institutions and support Queensland's economic recovery. It should be emphasised that, despite the proposed extension until 30 April 2022, the emergency powers would cease earlier if the public health emergency ends before the expiry date.

Issues raised by QHRC and QCCL are addressed below in response to submissions about human rights. Issues raised by other submitters are addressed under other relevant headings below, to the extent they are within the scope of the Bill. Some of the issues raised in general opposition to the Bill, such as commentary on Queensland's vaccine rollout, are not addressed in the Department's response as they are beyond the contents of the Bill.

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Submissions 16- Maija Boothby

30- George Mejak

125- Emilie Matyja

220-Andrea Montgomerie­Williams

334- Denis Anderson

362 - Jennifer Hamilton

391 -Queensland Council for Civil Liberties (QCCL)

400 - Lorraine Garry

455-Queensland Nurses & Midwives' Union (QNMU)

478-Queensland Law Society (QLS)

37- Natalie Sunderland­Gilbert

246-Sam Redman

314- Ksenia Novakovich

Clause(s) Bill

Bill

Issue Transparency, accountability and public debate A number of submissions called for greater transparency, accountability and public debate about the need for a further extension of public health powers and other emergency measures. Many of these submissions also called for greater transparency and oversight in relation to the exercise of emergency powers.

The Queensland Council for Civil Liberties and the Queensland Law Society recommended that a Parliamentary Committee be empowered to provide regular and ongoing scrutiny of the legislation, including the need to extend it.

The Queensland Nurses and Midwives' Union (QNMU) expressed that decision-making under the powers that will be extended by the Bill would benefit from increased transparency and stakeholder consultation. QNMU additionally raised concerns about certain decisions made during the public health emergency, such as the decision to locate a COVID care service in the Royal Brisbane and Women's Hospital and the decision to utilise hotel quarantine rather than dedicated quarantine facilities.

Compatibility with human rights Several submissions, including a large number of submissions from individuals, expressed the view that the measures extended by the Bill impose limitations on human rights that are unjustified or that should be subject to additional statutory and administrative safeguards.

The Queensland Human Rights Commission (QHRC) provided a detailed submission analysing a range of human rights issues under the Bill. Overall , QHRC believes that additional safeguards should be included in the legislation to ensure that the temporary public health and other emergency

Response

The Parliament has provided oversight of the Queensland Government's health and economic responses to COVID-19, through the relevant Parliamentary Committees, to ensure the suitability of these measures and provide an opportunity for the public to provide feedback about the health response. Following the urgent passage of amendments in response to the COVID-19 declared public health emergency in March 2020, the former Health, Communities, Disability Services and Prevention of Domestic and Family Violence Committee conducted several public hearings from June to August 2020, sought public submissions and issued an interim report about the Queensland Government's health response in September 2020.1

In December 2020 and January 2021, the Health and Environment Committee conducted a detailed inquiry into the Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2021 (PH Extension Bill), which extended until 30 September 2021 the amendments to the Public Health Act that will be further extended by the Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 . The Committee received 124 submissions and heard testimony from 16 organisations at a public hearing on 22 January 2021, including the Queensland Human Rights Commission, the Queensland Council of Civil Liberties, the Australian Medical Association, the Queensland Tourism Industry Council, Health Consumers Queensland and the Chamber of Commerce & Industry Queensland. The Committee tabled its report on 12 February 2021 . 2

On 14 April 2021 , the Economics and Governance Committee tabled its report on the COVID-19 Emergency Response and Other Legislation Amendment Bill 2021, which extended the remaining temporary COVID-19 legislative measures (i.e. those measures not extended by the PH Extension Bill) until 30 September 2021 . During its examination of the Bill, the Committee invited written submissions on the Bill from the public, identified stakeholders and held hearings at which it heard testimony from 11 organisations, including the Queensland Law Society, Local Government Association of Queensland, Queensland Farmers' Federation and Queensland Resources Council. The Committee tabled its report on 14 April 2021. 3

The Department notes that, in addition to these inquiries, the relevant Parliamentary Committees have provided ongoing oversight by scrutinising and reporting on extraordinary regulations and other secondary instruments made under the temporary COVID-19 legislative framework.

The Department considers the Bill is compatible with human rights for the reasons set out in the Statement of Compatibility with Human Rights.4 The State has a fundamental obligation to ensure the right to life of its citizens. While there have been instances where other human rights, such as the right to freedom of movement, have had to be restricted, these restrictions have been necessary to save lives and to protect the health and safety of Queenslanders during an unprecedented global public health emergency.

While some of the measures extended by the Bill vest relatively broad powers and discretion in Ministers, the Chief Health Officer and other public officials, this approach has allowed the Government to act quickly and decisively to contain new outbreaks in Queensland; to impose restrictions where necessary to contain the spread of COVID-19; and to continually re-evaluate and make adjustments to public health policies based on new

1 Healt h, Communities, Disability Services and Domest ic and Family Violence Prevention Committee, Inquiry into the Queensland Government's health response to COVID-19, https://www.parl iament.gld.gov.au/work-of-committees/former­committees/HCDSDFVPC/inguiries/past-inguiries/COVID-19. 2 Healt h a nd Enviro nment Committee, Report No. 4, 57th Parl iament, available at https://www.parliament.gld .gov.au/work-of-committees/committees/HEC/inguiries/past-inguiries/PublicHealth2020. 3 Eco nomics a nd Governance Committee, Report No. 6, 57th Pa rl iament, available at https://www.parliament.gld .gov.au/work-of-committees/former-committees/HCDSDFVPC/inguiries/past-inguiries/COVID-19 4 Public Health and Ot her Legis lat ion (Further Extension of Expiring Provisions) Amendment Bill 2021, Stat ement of Compatibility, available at https://www.legislation .gld.gov.au/view/pdf/bill.first.hrc/bill-2021-020.

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Submissions 346 Alison Kingdom

376-Andrea Josephs

391 -Queensland Council for Civil Liberties (QCCL)

506-Queensland Human Rights Commission

Clause(s) Issue measures are no broader than necessary and do not unnecessarily limit human rights. These include:

•

•

•

•

•

•

•

Publishing a human rights statement of compatibility with each public health direction issued by the Chief Health Officer, either immediately or within 3-5 days of the direction being published. Providing more specific parameters for what matters public health directions may regulate. Clarifying that public health directions automatically expire when the public health emergency declaration ends. Providing a clear process for review or appeal arising from the making of a direction for a person to quarantine or isolate. Requiring that all public health directions include exemptions for persons to leave their principal place of residence or move freely to obtain medical treatment or for other essential reasons. Clarifying when the Chief Health Officer would be empowered to mandate vaccination for certain persons. Requiring that persons who apply for and are denied an exemption from a particular public health direction be provided with a statement of the reasons for the decision.

QHRC stated that the statement of compatibility tabled with the Bill should provide additional justification of certain potential limitations of human rights. QHRC also reiterated its October 2020 recommendations in connection with Queensland's mandatory hotel quarantine arrangements, noting that the right to humane treatment when deprived of liberty may be unreasonably limited by the use of hotel rooms that do not provide access to regular fresh air (including through the use of opening windows and balconies).

The Queensland Council for Civil Liberties (QCCL) proposed that to minimise potential impacts on human rights, additional safeguards should be established to provide that persons who are fully vaccinated are not subject to quarantine requirements; that persons who are quarantined or otherwise detained should have a right to judicial review; and that contact tracing information should be subject to additional privacy protections and should not be accessible for law enforcement purposes.

Many of the individual submissions that raised human rights concerns did not engage with the statement of compatibility for the Bill or offer any analysis as to whether any potential interference with human rights is reasonably necessary to protect the health, safety and welfare of the community during a serious and ongoing public health emergency. Most of the submissions simply state that the measures extended by the Bill have limited and will continue to limit human rights. Among other limitations, the submissions contend that the Bill will restrict freedom of movement and association; interfere with religious and educational activities; infringe the right to liberty and personal security by requ iring the wearing of face masks; violate the right to privacy by enabling the collection and use of information for contact tracing; and interfere generally with the rights and liberties of individuals by quarantining or isolating persons, imposing social distancing requirements, limiting gatherings, restricting travel within and among states and restricting access to hospitals, aged care facilities and other premises.

Response evidence and lessons learned. Under this legislative framework, Queensland has been successful in containing the spread of COVID-19 without the need for extended lockdowns, prolonged border closures and other measures that would impose more severe and enduring limitations on human rights .

The Department takes seriously its obligations under the Human Rights Act and is committed to implementing addit ional safeguards where practicable to ensure that the exercise of emergency powers does not limit human rights more than is necessary to achieve the legitimate purposes of the Bill. Detailed consideration has been given to justifying potential limitations on human rights during the development of all COVID-19 legislation, including primary legislation, subordinate legislation, statutory instruments and public health directions issued under the Public Health Act. The Department will continue to work with QHRC and other stakeholders to consider whether addit ional safeguards are reasonably available within the overall context of the Government's COVID-19 response .

The Department does not support any additional legislative amendments that would narrow the scope of existing powers or impose additional conditions or constraints on how these powers are exercised. For the reasons noted above, this could undermine the Government's ability to respond to public health risks in a swift and targeted manner that not only protects the health and safety of the public and supports Queensland's economic recovery, but also reduces the potential need for more severe limitations on human rights.

The Department notes that the measures extended by the Bill are already subject to meaningful legislative constraints and safeguards that provide protection for human rights while also allowing the flexibility needed to respond effectively during the public health emergency. Significantly, the Chief Health Officer and emergency officers may only give directions that are reasonably necessary to assist in containing, or to respond to, the spread of COVID-19 within the community. The Chief Health Officer must also revoke public health directions as soon as reasonably practicable once they are no longer required for this purpose. Many public health directions have been revoked or relaxed on this basis. Further, if at any time the Minister for Health determines that COVID-19 no longer presents a risk to public health, the Minister must declare the end of the public health emergency. The declaration of the end of the public health emergency means that the emergency powers provided to the Chief Health Officer and emergency officers under the Public Health Act also end.

Similarly, the power to make extraordinary regulations and statutory instruments under the COVID-19 Emergency Response Act is subject to a number of legislative constraints. The power can only be exercised if necessary to protect the health, safety and welfare of persons affected by the COVID-19 emergency and for certain related purposes. Also, such regulations and instruments may only be made in relation to matters occurring on or before the COVID-19 legislation expiry day, which may be brought forward at any time if these extraordinary measures are no longer required to respond to the public health emergency.

Finally, all of the measures extended by the Bill are expressly made subject to the requirements and protections of the Human Rights Act. This means that the exercise of powers-including the giving of public health directions and the making of extraordinary regulations and statutory instruments-must not limit a human right unless the limitation is reasonable and demonstrably justified in a free and democratic society based on human dignity, equality and freedom.

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Submissions 97-Crime and Corruption Commission

383- Strata Community Association (Qld)

478 -Queensland Law Society

003- Robyn Booth

161 - Teena Kim Dixon

234- Music Dice

322- Paul Neary

367-Jackie Bratley

480 -Queensland Hotels Association

Clause(s) Clause 8

Clauses 3, 4, 8

Clauses 3, 4, 8

Clause 8

Issue Comments on specific provisions or measures The Crime and Corruption Commission (CCC) supported the extension of sections 7-10 of the Justice Legislation (COVID-19 Emergency Response Proceedings and Other Matters) Regulation 2020 until 30 April 2022. These provisions have allowed the CCC to conduct hearings facil itated by audio­visual links and give notices under the CC Act electronically where they would otherwise have been disrupted by the COVID-19 emergency. Strata Community Association (Qld) (SCAQ) supported the extension of extraordinary regulations that provide bodies corporate and lot owners with financial hardship relief and with powers to restrict access to common areas and amenities in order to protect health and safety and comply with public health directions. SCAQ indicated that temporary measures empowering body corporate committees to waive penalty interest are unnecessary because body corporate committees already have this discretion. Overall, SCAQ stated that these measures are "a set of very practical, common sense reforms" and "give bodies corporate the flexibility they need to manage their affairs to best suit their circumstances and that of all other owners and occupiers".

The Queensland Law Society does not consider that a further extension of the following measures is necessary in the current environment:

• chapter 7, part 3 of the Body Corporate and Community Management Act 1997;

• part GA of the Building Units and Group Titles Act 1980; and • part 2 of the Justice Legislation (COVID-19 Emergency Response-

Community Titles Schemes and Other Matters) Regulation 2020.

However, QLS also states that, while it may be appropriate for some specific measures to expire, it may be necessary to retain the ability to invoke these measures quickly if circumstances change; for example, if there are chanaes to oublic health directives that force business closures. Several submissions expressed broad objections to the extension of the takeaway liquor authority provisions under the Liquor Act 1992, including provisions that enable variations to liquor licensing to support temporary takeaway sales by operators of licensed venues disrupted by COVID-19.

The Queensland Hotels Association (QHA) does not support the extension of measures permitting a broad ability for cafes, restaurants, and small bars to sell takeaway alcohol.

The QHA raised the following concerns:

•

• •

•

•

•

given the resumption to substantial on-premise trading for cafes, restaurants and bars there is no community need or justification for continuing these provisions; the measure is a detriment to small hotels and community clubs; restaurants and cafes should not be granted a takeaway liquor authority as their principal activity is not the sale of liquor; the provisions are inconsistent with the Government's tackling alcohol-fuelled violence and responsible service of alcohol policies; alcohol is a special product with higher compliance expectations and obligations which do not apply to cafes, restaurants and bars; the amendments do not create jobs; and

Response

Noted.

Noted.

The temporary measure preventing bodies corporate from charging penalty interest on overdue body corporate contributions (levies) is aimed at ensuring bodies corporate do not impose additional financial strain on owners that may be already suffering financial stress as a result of COVID-19. Given the potential for future economic impacts associated with COVID-19, and acknowledging it is not clear how many lot owners are still experiencing financial hardship, it is important that the temporary measure preventing bodies corporate from charging penalty interest on overdue contributions continue at this time.

It is important to note that owners remain liable for all unpaid contributions, and bodies corporate may commence debt recovery proceedings to recover unpaid contributions, if considered appropriate in the circumstances. It is also important to note that owners owing a body corporate debt (such as unpaid contributions) are not eligible to vote on the vast majority of motions at body corporate general meetings (other than motions requiring a resolution without dissent) and committee meetings. The extension of body corporate financial measures (chapter 7, part 3 of the Body Corporate and Commun;ty Management Act 1997 and part GA of the Building Units and Group T;t/es Act 1980) is required to ensure financial relief is available for bodies corporate and lot owners currently suffering financial stress as a result of COVID-19, or w ho may experience financial hardship due to possible future impacts of COVID-19 in Queensland.

The measures for body corporate meetings, inspection of documents, and access to common property (part 2 of the Justice Legislation (COVID-19 Emergency Response-Community Titles Schemes and Other Matters) Regulation 2020) facilitate social distancing that may be required by public health directions. The extension of these measures is required due to the potential for future outbreaks of COVID-19 in Queensland that may require introduction of social distancing measures that the current temporary measures are designed to support.

The further extension of the takeaway liquor authority provisions is necessary to ensure the Government can maintain support to businesses as the ongoing COVID-19 public health responses continue to impact on trading capacity of liquor licensed venues.

A main purpose of the takeaway liquor authority provisions under Part 1 DA of the Liquor Act 1992 (Liquor Act) is to support the ongoing viability of businesses operated in licensed venues that have been disrupted by the COVID-19 emergency. The takeaway liquor authority provisions provide a temporary expanded ability for eligible licensees and permittees to sell takeaway liquor, in the amounts and ways specified, regardless of the normal authority of their licence or permit. The Bill proposes to extend the operation of the takeaway liquor authority provisions for a further defined period to 30 April 2022, or an earlier date as prescribed. This will ensure the Commissioner for Liquor and Gaming (Commissioner) has the ability to provide rapid assistance to licensees and permittees should current or future COVI D-19 public heath responses reduce trading capacity or require a return to mandatory closures after 30 September 2021 .

It is important to note the Bill only extends the power for the Commissioner to issue a takeaway liquor authority. Existing takeaway liquor authorities that have been granted will not automatically be extended beyond 30 September 2021 . Under section 235C(2) of the Liquor Act, a takeaway liquor authority may only be granted to licensed premises or premises operating under a permit (licensed venues), if the normal operation of the business before the COVID-19 emergency would contravene a public health direction. Under section 235F(1) of the Liquor Act, the Commissioner must revoke a takeaway liquor authority if it is no longer required to meet the purpose of supporting business viability, or if the licensed venue is no longer eligible as it can resume operating at pre­COVID-19 levels without contraven ing a public health direction.

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Submissions

393 - Electoral Commission Queensland (ECQ)

Clause(s)

Clause 8

Issue • there is a need for proportionate support for hotels.

The QHA also acknowledged there is a need to ensure there is the ability and flexibility to deal quickly with any future COVID-19 issues. The QHA support the need to provide a power to allow operators of licensed venues to sell takeaway alcohol during a COVID-19 shutdown period only.

Response

These provisions ensure that takeaway liquor authorities may only be issued and allowed to continue where it is necessary to do so to support ongoing business viability during the disruptions of the COVID-19 public health emergency. Many licensed venues continue to operate at reduced patron capacity due to the public health directions restricting the ordinary operation of licensed venues (e.g. limiting patron capacity or social distancing rules).

If the extension of the takeaway liquor authority power is passed, the Commissioner will consider and decide what , if any, takeaway liquor authorities may be required after 30 September 2021, having regard to the relevant criteria.

The view that the measure is a detriment to small hotels and community clubs is noted. However, the submission does not provide any quantifiable evidence to suggest temporary takeaway liquor authorities issued to restaurants, cafes and small bars have significantly impacted on sales of takeaway liquor from commercial hotels, clubs or bottle shops across the State.

The QHA has also acknowledged in its submission there is a need for the power to be extended to allow takeaway liquor sales during COVID-19 events such as lockdowns. Hoteliers themselves were issued takeaway liquor authorities during the lockdowns in January, March and July 2021 allowing them to sell takeaway liquor despite their venues being closed to patrons. This would not ord inarily be allowed.

The provisions are considered to be consistent with the Tackling Alcohol-Fuelled Violence Policy as, in order to issue a takeaway liquor authority, the Commissioner must be satisfied that the granting of the authority is consistent with the purpose of the Liquor Act stated in section 3(a).

Section 3(a) provides that it is a main purpose of the Liquor Act to regulate the liquor industry and areas in the vicinity of licensed premises in a way compatible with minimising harm, and the potential for harm, from alcohol abuse and misuse and associated violence; minimising adverse impacts on the health or safety of members of the public; and minimising adverse effects on the amenity of the community.

Given this requirement, previously issued takeaway liquor authorities have been granted with appropriate cond itions to minimise alcohol-related harm. For instance, the takeaway liquor authority issued to subsidiary on­premises licensees (meals) (i.e. licensed restaurants and cafes) only allows a limited amount and type of takeaway liquor to be sold (2.25 litres of liquor, no straight spirits). This represents approximately only 750 millilitres more than can ordinarily be sold as takeaway from a licensed restaurant (as these licensees can ordinarily sell one opened and one unopened bottle of wine for takeaway to a person that has eaten a meal on the premises).

The takeaway liquor authority issued to licensed restaurants and cafes also ensures the takeaway liquor can only be sold with takeaway food . The service of liquor with food is known to minimise alcohol-related harm.

The Commissioner also has the ability to immediately suspend a takeaway liquor authority for up to 10 days, if harm to members of the public may be caused if urgent action is not taken. The Commissioner can also initiate show cause action to amend or revoke the authority if a licensee or permittee has contravened the authority.

The Electoral Commission Queensland (ECQ) supported the extension of Noted. modifications made to the Electoral Act 1992 and the Local Government Electoral Act 2011. ECQ noted that it is currently delivering a State by-election for the electorate of Stretton and two local government by-elections for Richmond Shire Council and Cassowary Coast Regional Council. Since the 2020 State general election in October 2020, the ECQ has delivered a further eight local government by-elections. The recent cases of community transmission of COVI D-19 and subsequent lock downs in South-east Queensland and North Queensland have highlighted the continuing impact of the pandemic on Queenslanders. The ECQ supports the regulatory flexibil ity previously provided by the Queensland Parliament to ensure that anv bv-elections conducted durina the COVID-19 emeraencv can

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Submissions

478-Queensland Law Society

33 - Australian Lawyers Alliance

273-Alison Verbruggen

352-Susan Fry

391 -Queensland Council for Civil Liberties (QCCL)

506-Queensland Human Rights Commission

552 - Dr Karen Prince­Popovich 406-Elizabeth Carlsen

506-Queensland Human Rights Commission

Clause(s)

N/A

N/A

Clauses 31 , 34

Issue incorporate appropriate public health measures. ECQ stated that a further extension of these temporary provisions would continue this flexibility and ensure the ECQ is able to conduct by-elections in a manner consistent with evolving public health measures. The Queensland Law Society (QLS) expressed concern that persons in residential aged care facilities, hospitals and disability accommodation are unable to access their legal representatives to create and execute wills and enduring documents. QLS asks that the Government take immediate action to either:

• amend public health directions to permit lawyers to attend to their clients in those settings; or

• reinstate the temporary laws under the Justice Legislation (COVID-19 Emergency Response-Documents and Oaths) Regulation 2020 (DO Regulation) to allow wills and enduring documents to be witnessed over audio visual link, following a review of how they can be safely implemented.

Submissions from the Australian Lawyers Alliance (ALA), Queensland Council for Civil Liberties (QCCL), Queensland Human Rights Commission (QHRC) and others raised concerns about the protection of data collected through the 'Check in Qld' contact tracing app. The submissions noted privacy concerns and recommended additional legislative protections be enacted to prevent police from accessing contact tracing data for law enforcement purposes. Some submissions suggested that penalties be imposed for the unlawful gathering of contact tracing data and that unlawfully gathered contact tracing data should not be able to be used in evidence against a person in a criminal proceeding.

Electronic service of quarantine directions Some submissions stated that the amendments to clarify the ability to serve quarantine directions electronically raise human rights concerns. The Queensland Human Rights Commission stated that the amendments require further human rights justification in relation to the following issues:

• Whether the Bill should include the further safeguard that reasonable efforts be made to contact a person by phone (or in person) as well as by email.

• Whether the amendment will affect any prosecution or related proceed ings currently pending, which could implicate the right to fair trial.

Response

The modified arrangements that permitted wills and enduring documents to be witnessed over audio visual link were expired on 30 June 2021 by operation of the Justice Legislation (COVID-19 Emergency Response -Documents and Oaths) Amendment Regulation (No. 2) 2021 in response to concerns raised by stakeholders, including the QLS, about the increased risks associated with the making of these documents, particularly for vulnerable Queenslanders. As stated in the QLS' submission, there are concerns about whether a witness can verify the identity of a person or adequately assess a person's capacity to make these documents free from duress and undue influence if they are present over audio visual link.

The comments regarding amending public health directions to permit lawyers to attend to their clients in restricted settings are beyond the scope of the Bill as they relate to specific public health directions. The Department understands the important role of legal representation in creating and executing wills and enduring documents. The issues raised are noted and are under consideration.

The issues raised are noted.

Proactive and effective contact tracing has been crit ical to preventing widespread community transmission of COVID-19 when positive cases have been detected in the community. The 'Check in Qld' app has significantly enhanced Queensland's contact tracing system and is widely used across the State. The app will continue to play an important role in future contact tracing efforts by providing access to relevant and timely information.

The 'Check in Qld' contact tracing app operates within Queensland's existing information privacy law, including the Human Rights Act and the Information Privacy Act 2009. Police are required to make an application for a search warrant to obtain contact tracing data for law enforcement purposes and can only do so in circumstances authorised by law. The reasons for which police can apply for a search warrant to access contact tracing data has been limited by a binding 'Commissioner's Instruction' to extraordinary circumstances such as the protection of the security of the State or Commonwealth and requ ires Deputy Commissioner level approval.

The amendments to the Public Health Act 2005 require express consent from the recipient prior to giving a quarantine direction electronically. The recipient must also nominate an email address, mobile phone number or other unique electronic address for this purpose. There is no penalty if a person does not consent to electronic delivery. In those circumstances, the written direction would either be given to the person directly or via post.

Current practice and established policies governing the issuance of quarantine directions by emergency officers contain additional safeguards to ensure that persons receive and understand directions given by electronic means. These safeguards include:

• verbally explaining to the person (either in person or on the phone) that they are being given a direction to quarantine and the effect of the direction ;

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Submissions

332-Queensland Police Commissioned Officers Union (QPCOUE) 506-Queensland Human Rights Commission

23-Elliot Bonser

279 - Nichole Hughes

297 - Peter Campbell

Clause(s)

Clauses 36-48

Clauses 36-48

N/A

Issue • Confirmation that the Bill does not further limit the right to equality

with respect to persons who are unable to read or receive electronic communication in English (such as because of a disability or because English is not their first language) and for this reason does not consent to be served with a quarantine notice electronically.

Quarantine fees The Queensland Police Commissioned Officers Union expressed support for the amendments to allow prepayment of quarantine fees and to make other improvements to Queensland's quarantine fee system.

QHRC recommended that additional justification be provided for the proposed amendments to require prepayment of quarantine fees by certain persons who will be required to quarantine in Queensland. While acknowledging that the amendments do not themselves impose any new requirements and that further human rights justification will be provided when the implementing regulations are made, QHRC's position is that the open-ended nature of the amendments creates a risk that the regulation­making power could be used arbitrarily. QHRC suggested that this risk could be mitigated by adopting safeguards such as:

• Providing that all persons may seek a waiver (that is, providing that this cannot be removed via regulation) and codifying the considerations mentioned in the statement of compatibility to be considered when a person seeks a waiver, such as financial hardship and the vulnerability.

• Providing for a clear review or appeal process to the decision to require payment in advance or not provide a waiver.

• Setting out criteria about which classes of traveller may be required to pay in advance (based on clear and reasonable evidence).

Other comments

Response • confirming that the person understands the requirements of the direction (which may involve contacting a

family member/friend if English is a second language to ensure the substance of the direction is communicated to the person in a way they understand);

• explaining that it is an offence to fail to comply with the direction without a reasonable excuse; • asking the person to nominate the electronic address to which the direction is to be sent electron ically;

and • asking the person to reply or otherwise confirm receipt once the direction is sent electronically.

Noted.

The requirement for some travellers to prepay their quarantine fees does not raise a new obligation on travellers. Instead, it brings forward the point in time at which travellers are required to pay. The purpose of bringing forward the timeframe for payment is to ensure that sufficient resources are available to the State to ensure the quality and sustainability of Queensland's quarantine system and, ultimately, its management of the significant public health risk caused by the COVID-19 pandemic. Combined with other measures in the Bill, prepayment will also support a broader range of quarantine arrangements and increase the capacity of the quarantine system. This will not only strengthen the State's ability to respond to future outbreaks and public health measures, but it will also support economic recovery efforts. For example, international workers or students could be permitted to travel to Queensland on the basis that they will quarantine under pre-approved arrangements that include full , up­front cost recovery to the State.

Maintaining the status quo, that is, seeking payment only after quarantine, has not been shown to achieve the purpose as effectively and to the same extent. The ability to require users to pay in advance is a fair balance of the rights of individuals who are requested or required to pre-pay their quarantine fees and the countervailing rights of the community to a properly funded and robust quarantine system to protect against the COVID-19 pandemic.

There will still be provisions enabling people to apply for a fee waiver. However, as noted by QHRC, the Bill will allow a regulation to be made that prescribes particular categories of travellers as ineligible to apply for a waiver. This is necessary to protect the integrity of the prepayment system with its limited time to consider waiver applications. It is intended that this provision will only be used in limited circumstances, such as for persons who receive an economic benefit from travelling to Queensland (e.g. people travelling for work purposes where they are sponsored or supported by an employer who will pay their fee). However, as the circumstances of easing border restrictions are not yet known, flexibil ity is required to respond appropriately as increased categories of travellers are permitted into Queensland.

Any regulation prescribing persons who are ineligible to apply for a waiver would have to be accompanied by a human rights certificate justifying any limitations and demonstrating that the regulation is compatible with human rights. Likewise, any decision to grant or deny a particular person from applying for a waiver would have to be compatible with human rights.

Some submissions made recommendations regarding the COVID-19 These comments are beyond the scope of the Bill as they relate to administrative or operational details, potential vaccine roll-out. Kingaroy Chamber of Commerce & Industry recommended program improvements, requirements in specific public health directions or opportunities for future legislative or opening more vaccination hubs throughout Queensland and promptly administrative reform. vaccinating frontline workers. QNMU recommended more efficient and effective cooperation between the State and Commonwealth Governments, including regarding the vaccine roll-out.

Page 15

Submissions

320-Carra M James

382- Scott Butler

455-Queensland Nurses & Midwives' Union (QNMU)

533 - Kingaroy Chamber of Commerce & Industry

543- Peter Stacey

Clause(s) Issue Response Several submissions raised concerns about the efficacy and safety of the currently available COVID-19 vaccinations.

QNMU recommended stronger centralised health system management from Queensland Health, suggesting this may be more beneficial to a swift and consistent response to unexpected events, such as a pandemic.

Several submissions raised concerns with hotel quarantine, some recommending the construction and use of dedicated quarantine facilities or the use of home quarantine instead.

Kingaroy Chamber of Commerce & Industry recommended investing in stimulus packages for rural areas, especially in agriculture and water.

Other issues raised include: • that church and religious gatherings should be considered essential

in public health directions; • that mask mandates are ineffective; and • that vaccine mandates for certain professions are contrary to human

rights.

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