Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2020
Plain English Summary
Overview
This bill extended Queensland's COVID-19 emergency powers from 31 December 2020 until 30 September 2021. It maintained the Chief Health Officer's ability to issue public health directions, continued hotel quarantine cost recovery, and preserved emergency provisions in the Mental Health Act.
Who it affects
All Queenslanders remained subject to public health directions, while international and interstate travellers continued paying for mandatory hotel quarantine.
Key changes
- Extended COVID-19 emergency powers by nine months to 30 September 2021
- Maintained Governor in Council's power to extend public health emergencies for up to 90 days at a time
- Continued hotel quarantine cost recovery from travellers
- Preserved Chief Health Officer and emergency officer powers to issue directions restricting movement and gatherings
- Extended mental health patient leave provisions for compliance with public health directions
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee3 Dec 2020View Hansard
Referred to Health and Environment Committee
The Health and Environment Committee examined the bill over approximately two months, receiving 124 written submissions and holding a public hearing with 16 witnesses. The committee recommended the bill be passed, noting strong support from health sector organisations for extending the Chief Health Officer's emergency powers to respond to COVID-19 until September 2021. However, a significant number of written submissions opposed the bill, raising concerns about the extent of emergency powers, impacts on civil liberties, government transparency, hotel quarantine conditions, and the broader social and economic effects of public health restrictions.
Key findings (5)
- Health sector organisations including AMA Queensland, the Royal Australian and New Zealand College of Psychiatrists, and the Queensland Nurses and Midwives' Union supported extending emergency powers to maintain Queensland's effective COVID-19 response.
- A majority of written submissions (approximately 87 per cent) opposed the bill, raising concerns about the proportionality of emergency powers, impacts on democratic freedoms, and the lack of clear criteria for when powers would no longer be needed.
- The Queensland Human Rights Commissioner and Mental Health Commissioner expressed reservations about government transparency and the need for greater access to the data and health advice underpinning public health directions.
- Stakeholders raised significant concerns about hotel quarantine conditions, including access to fresh air, mental health support, and the financial burden on individuals required to pay their own quarantine costs.
- The committee examined the bill's compatibility with the Human Rights Act 2019, finding that limitations on rights including freedom of movement, liberty and security, and peaceful assembly were justified by the purpose of protecting public health.
Recommendations (1)
- The committee recommends the Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2020 be passed.
Committee report tabled
▸Second Reading24 Feb 2021View Hansard
That the Integrity and Other Legislation Amendment Bill be now read a
Party VoteVote on whether to pass the Integrity and Other Legislation Amendment Bill through its second reading stage. Resolved in the affirmative under standing order 106(10), meaning it passed on the voices without a recorded division.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Vote on a motion
This division was on a procedural motion during the second reading debate, likely an opposition motion related to transparency or releasing health advice, which was defeated 40-50 along party lines.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (40)
Noes (50)
▸28 members spoke22 support1 oppose5 mixed
As Minister for Health, moved the second reading and defended the bill as essential to maintaining Queensland's successful COVID-19 response, emphasising the need for the Chief Health Officer to retain emergency powers while the vaccine rollout proceeds.
“It is because of legislation like this—and I welcome the support for it across the parliament—that we can continue to keep the community safe while we roll out the vaccine and while we work towards what we hope is a better future for everyone and for business as well.”— 2021-02-24View Hansard
Announced the LNP would not oppose the bill and respected the health advice, but heavily criticised the government's lack of transparency around decision-making criteria for lockdowns, celebrity quarantine exemptions, and inconsistent communication with Queenslanders.
“Our message on this side of the chamber is simple: we respect the expert medical advice and we will not stand in the way of that advice. However, the LNP believes that it is incumbent on the government to be more transparent and to better communicate when new restrictions are in force.”— 2021-02-24View Hansard
As committee chair, supported the bill and highlighted the committee's recommendation that it be passed, citing support from stakeholders including the Queensland Mental Health Commissioner and the Human Rights Commissioner.
“I rise to support the Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2020.”— 2021-02-24View Hansard
As committee member, supported extending the CHO's powers while noting concerns about human rights raised in submissions, and thanked the Chief Health Officer and frontline workers.
“I would also like to put on the record my thanks to Jeannette Young and the team in Queensland Health who have led the Queensland government response.”— 2021-02-24View Hansard
Strongly supported the bill, crediting the Chief Health Officer's emergency powers for Queensland's successful pandemic response and defending the government's approach to human rights during the pandemic.
“If we had not provided emergency powers to the Chief Health Officer to issue directions to limit and respond to the spread of COVID-19, I have no doubt that many more Queenslanders would have contracted the virus.”— 2021-02-24View Hansard
Filed a dissenting committee report and opposed the bill on grounds that the emergency powers lacked parliamentary oversight, threatened civil liberties, and risked becoming normalised. Cited the Human Rights Commissioner's criticism and the 87 per cent of submissions that opposed the bill.
“There is also a real danger that, without any clearly defined exit plan, these emergency powers and laws will become normalised over time and eventually could become permanent.”— 2021-02-24View Hansard
As a committee member, strongly supported the bill, arguing Queensland's pandemic response protected both health and the economy, and that the emergency powers must continue while the vaccine rollout is in its early stages.
“COVID-19 is more like a tiger hiding in the grass that could spring an attack without warning. The risk is not over.”— 2021-02-24View Hansard
As a committee member, supported the extension of provisions and acknowledged the cooperative effort between federal and state governments, while asking the government to be more careful in considering the human impacts of restrictions.
“Along with my LNP colleagues in the House, I will not be opposing the extension of the provisions outlined in this bill.”— 2021-02-24View Hansard
As Deputy Premier, strongly supported the bill, recounting the early decisions on 29 January 2020 that set Queensland's course and emphasising three lessons: the importance of universal healthcare, prioritising health to protect the economy, and acting quickly on outbreaks.
“Countries that opened up too soon have seen thousands die and have suffered worse economically. We cannot create jobs in a lockdown.”— 2021-02-24View Hansard
Supported the bill while noting that COVID restrictions had disproportionate impacts on regional Queensland, calling for distinctions between metropolitan and regional areas in future responses.
“Let's get on with this. Give the Chief Health Officer the powers that she needs to be able to continue her good work.”— 2021-02-24View Hansard
Supported the bill, recalling the early briefings that projected up to 30,000 deaths in Queensland, and praised the government's health response for achieving far better outcomes.
“Queenslanders have shown that they trust the government to make measured, considered decisions and that they trust the Chief Health Officer to make decisions around the limitations that are required to protect them.”— 2021-02-24View Hansard
Supported the bill but raised concerns about the hotel quarantine cost burden on agricultural operators needing Pacific Island seasonal workers, calling for travel bubbles to address critical labour shortages.
“We are talking about 70 per cent reductions in turnover in the space of a day and maintained for a week.”— 2021-02-24View Hansard
Supported the bill as Assistant Minister for Health, thanking healthcare workers and emphasising the need to remain vigilant and continue extending emergency measures while the vaccine rollout proceeds.
“We all need to go back to our communities and encourage everybody to be vaccinated when the vaccine comes to our community.”— 2021-02-24View Hansard
As a specialist physician, supported the bill and the vaccination program, encouraging all eligible Queenslanders to receive the vaccine and noting the importance of learning from the pandemic experience.
“We have to remember that vaccines and vaccination programs are one of the most effective public health strategies not only in Queensland but around Australia and internationally when tackling infectious diseases.”— 2021-02-24View Hansard
Supported the bill, acknowledging the sacrifices of Queenslanders and praising the selfless community response to the pandemic.
“It is now time for Queenslanders to continue to trust the health professionals and get vaccinated.”— 2021-02-24View Hansard
Supported the bill and criticised the One Nation member for Mirani's dissenting report as an attack on Queensland Health's response, arguing that politicising the health response was dangerous.
“These submissions are a direct attack on Queensland Health's response—the very health response that has saved lives and livelihoods here in Queensland.”— 2021-02-24View Hansard
Supported the bill and the CHO's powers, while raising concerns about disproportionate impacts on border communities and small businesses, and urging the government to consult local members before making border decisions.
“Whilst I do support the Chief Health Officer in having the powers that the House is proposing to give her, it is important that members such as myself and mayors such as Councillor Pennisi and Councillor Springborg have the opportunity to be consulted before important decisions are made.”— 2021-02-24View Hansard
Supported the bill, drawing parallels with Queensland's historical quarantine measures dating back to colonial times, and defended the principle of allowing health officers rather than politicians to make public health decisions.
“It is vital that all members of parliament support the extension of these provisions and emergency measures to be used when needed.”— 2021-02-24View Hansard
Supported extending the emergency powers but strongly criticised the government for abandoning parliamentary oversight inquiries into the health and economic responses, arguing oversight is essential when extraordinary powers are exercised.
“I have all of the respect in the world for the Chief Health Officer, the DG of the health department, all of those senior public servants and all of our health workers, but that is no reason for us to abrogate our responsibility here in this place to maintain parliamentary oversight of what are extraordinary powers for extraordinary times.”— 2021-02-24View Hansard
Supported the bill, comparing Queensland's six COVID deaths favourably with similar-population jurisdictions overseas that suffered thousands of deaths.
“To have only six deaths in Queensland is an incredible outcome.”— 2021-02-24View Hansard
Supported extending emergency powers but criticised the bill for failing to include housing protections for renters, people sleeping rough, and those facing evictions, arguing the government had abandoned these essential supports.
“If the government recognises the need to extend the powers of the Chief Health Officer, if the government recognises the need to extend mental health provisions, why then has the government stopped all emergency support for Queensland renters, for people struggling to meet their mortgage repayments and people sleeping rough?”— 2021-02-24View Hansard
Supported the bill as essential to maintaining Queensland's safety, highlighting the diversity of stakeholder groups supporting it including the Queensland Hotels Association and the Chamber of Commerce.
“This bill really should be a no-brainer: we are where we are at because of the strong public health response.”— 2021-02-24View Hansard
Supported extending the emergency powers but heavily criticised the government's failure to communicate with Toowoomba residents about the proposed quarantine facility, listing numerous unanswered community concerns.
“Open and transparent communication should be answering these questions, not leaving a town of 160,000 people so anxious.”— 2021-02-24View Hansard
Supported the bill, highlighting the particular vulnerability of remote Indigenous communities in her electorate and crediting the government's measures for preventing any COVID cases in the Cook electorate.
“I am proud to be part of this government that puts people first. This is a story that I will always tell for years to come because economic recovery is just not possible if we do not put the health and wellbeing of people first.”— 2021-02-24View Hansard
Did not oppose the bill but focused on the concerns of small businesses calling for more transparency in government COVID decision-making and better communication about the criteria for restrictions.
“The overwhelming issue expressed to me by small business owners across the state and by members of my community more broadly is a desire for more transparency in relation to government COVID decisions.”— 2021-02-24View Hansard
Supported the bill, drawing on his background as a former microbiologist to emphasise the importance of herd immunity through vaccination and extending the legislative framework until that is achieved.
“It is important that through this bill we extend the time frames because the rollout of the vaccine is occurring right now.”— 2021-02-24View Hansard
Did not oppose the bill but extensively criticised the government's lack of transparency and consultation, particularly regarding the devastating impact of border closures on the Currumbin business community.
“Queenslanders have been treated like mushrooms by this state Labor government. They have been kept in the dark when it comes to the decision-making around these restrictive decisions imposed on them.”— 2021-02-24View Hansard
Supported extending the CHO's powers as necessary while the virus remains an active threat, and urged the government to educate the public on vaccine safety to counter scepticism.
“The extension of the CHO's powers is necessary while this virus remains an active threat.”— 2021-02-24View Hansard
▸In Detail24 Feb 2021 – 30 Nov 2022View Hansard
That the amendment be agreed to
Vote on Ms Simpson's (LNP) amendment to allow the Auditor-General to independently set reasonable audit fees without parliamentary committee approval, implementing the Coaldrake recommendation more fully. Defeated 33-50 with only LNP and the Independent member for Noosa supporting.
The motion was defeated.