Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021
Plain English Summary
Overview
This bill extends Queensland's temporary COVID-19 emergency laws from 30 September 2021 to 30 April 2022. It keeps in place the Chief Health Officer's powers to issue public health directions, require quarantine, and restrict movement, while also reforming the quarantine fee system to allow prepayment by prescribed traveller cohorts and third-party liability for fees.
Who it affects
International and interstate travellers face continued quarantine requirements with a new prepayment system. All Queenslanders remain subject to potential public health directions including lockdowns and gathering restrictions. Renters, businesses, body corporate owners, and local governments retain various COVID-19 protections and flexibilities.
Public health emergency powers
Extends the emergency powers under the Public Health Act that allow the Chief Health Officer to issue directions restricting movement, requiring quarantine, and closing businesses. Also extends emergency officer powers to detain people for up to 14 days for quarantine.
- Emergency powers extended from 30 September 2021 to 30 April 2022
- Quarantine directions can now be served electronically (e.g. by email) with a person's consent
- Directions previously served electronically are validated retrospectively
- Maximum penalty for breaching a public health direction remains 100 penalty units or 6 months imprisonment
Quarantine fee reforms
Overhauls the quarantine fee system to allow prepayment for prescribed traveller cohorts, enable employers and other third parties to formally accept liability for quarantine costs, and provide refunds for overpayment or cancelled travel.
- Prescribed traveller cohorts can be required to prepay quarantine fees before arriving in Queensland
- Third parties such as employers can formally accept liability for a person's quarantine fees
- Refund mechanism established for prepaid fees when travel is cancelled or fees are less than estimated
- Certain cohorts may be excluded by regulation from applying for fee waivers
Tenancy and business protections
Continues COVID-19 protections for residential and commercial tenants, including limits on reletting costs, protection from tenancy database listings for COVID-related arrears, and good faith leasing principles for commercial leases.
- Renters experiencing domestic and family violence can still end leases quickly with limited liability
- Eligible renters who lost 75% or more of household income have reletting costs capped at one week's rent
- Commercial tenants under affected leases continue to be protected from eviction or lease termination
- Small business tenancy disputes can still be mediated through the Small Business Commissioner
Body corporate, local government, and elections
Extends temporary rules allowing body corporate and local government meetings to be held remotely, defers debt recovery for lot owners in financial hardship, and maintains flexible arrangements for conducting by-elections during COVID-19.
- Body corporate lot owners continue to be protected from penalty interest on late contributions
- Local government and committee meetings can continue by audio or audio-visual link
- By-elections and fresh elections can be postponed, conducted by postal ballot, or adjusted for COVID-19 safety
- Gaming tax deferrals and waivers can continue for venues affected by COVID-19
Corrective services, disaster management, and other measures
Extends emergency powers across corrective services, disaster management, environmental protection, mental health, youth justice, and other areas to support continued COVID-19 response. Some measures are allowed to lapse.
- Emergency declarations for corrective services facilities extended from 3 days to 90 days
- Disaster situation declarations can continue to be extended by up to 90 days
- Compensation for losses from disaster management powers related to COVID-19 remains set aside
- Explosives and health legislation COVID-19 regulations expire on 30 September 2021 and are not extended
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 June 2021View Hansard
Referred to Health and Environment Committee
The Economics and Governance Committee examined the bill over approximately seven weeks, receiving 588 submissions (the vast majority from individuals opposing the extension of emergency powers) and holding a public hearing with stakeholders. Despite significant community opposition, the committee recommended the bill be passed, finding the limitations on human rights were reasonable and justifiable given the ongoing COVID-19 pandemic. LNP members filed a statement of reservation expressing concerns about the economic impact of lockdowns on small businesses and calling for clearer government strategy around the use of emergency powers.
Key findings (5)
- The overwhelming majority of the 588 submissions opposed the extension of COVID-19 emergency powers, citing concerns about government overreach and disproportionate restrictions on freedoms
- Professional and organisational stakeholders including the Queensland Law Society, Queensland Human Rights Commission, and Queensland Council for Civil Liberties supported some continuation of powers but called for a more targeted and time-limited approach
- The committee found the bill was compatible with human rights under the Human Rights Act 2019, concluding that limitations on rights were reasonable and justifiable given the public health emergency
- The Queensland Human Rights Commission raised concerns about the electronic service of quarantine directions, including the reversal of the onus of proof and potential impacts on people with limited English or limited access to electronic devices
- The bill was reassigned from the Health and Environment Committee to the Economics and Governance Committee by the Committee of the Legislative Assembly, as the former was occupied examining the Voluntary Assisted Dying Bill
Recommendations (1)
- The committee recommends the Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 be passed.
Committee report tabled
▸Second Reading1 Sept 2021View Hansard
Vote on a motion
Vote on a procedural or opposition motion during the second reading debate on the Public Health Bill. The motion was defeated 32-48, with the LNP's 32 votes insufficient against the government's 48.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (32)
Noes (48)
▸32 members spoke19 support13 mixed
Supported the bill, thanking constituents for following health advice and getting vaccinated, and criticised the federal government for failures in the vaccine rollout and quarantine.
“We are in a fantastic situation. Other than mask wearing, very few freedoms and liberties have been lost here. Let us keep it that way.”— 2021-09-02View Hansard
As Minister for Health, moved the second reading and strongly defended extending COVID-19 emergency powers to 30 April 2022, citing the ongoing threat of the delta variant and Queensland's successful health response.
“We on this side of the parliament will choose to save as many lives as we possibly can. We understand that the pain, anguish, heartache and pressures on every part of our society would be far greater if we had tens of thousands of people dying and hundreds of thousands of people getting infected with this virus.”— 2021-09-01View Hansard
Announced the opposition would support the bill but proposed amendments to shorten the extension to December 2021, mandate publication of health advice, and ensure ongoing parliamentary review of emergency powers.
“The opposition will be supporting this bill. Before I talk about the amendments moved by the shadow health minister I say that we must give this serious consideration and we must give the community the confidence they need.”— 2021-09-02View Hansard
As shadow health spokesperson, stated the LNP would not oppose the bill but moved amendments to shorten the expiry to 10 December 2021 and require publication of expert health advice underpinning public health directions.
“It is not extreme nor is it wrong for these laws to be debated again before the year's end. It would be fair and proper to review the powers as our state moves towards an 80 per cent vaccination rate in December.”— 2021-09-01View Hansard
Supported extending emergency powers until April 2022, arguing Queensland's strong health response justified the approach and contrasting it with the dire situation in New South Wales.
“Until an overwhelming majority of Queenslanders are vaccinated, emergency powers will be needed to ensure that we can rapidly mobilise our health system and government departments in response to any potential COVID-19 outbreak.”— 2021-09-02View Hansard
As a committee member, outlined the deteriorating COVID situation in New South Wales to justify the need for continued emergency powers and defended the government's lockdown approach as protecting both lives and the economy.
“I am proud our government has had the strength to act early, firmly and to keep lockdowns as part of the toolkit for keeping cases down. It has not only reduced infections, hospitalisations and deaths, but has meant a quicker bounce back to the Queensland economy.”— 2021-09-01View Hansard
Acknowledged the need for emergency powers but argued the extension to April 2022 was too long, calling for it to be reduced to December 2021 to give certainty to struggling small businesses and ease community anxiety.
“If this bill is extended all the way through to the end of April next year, without the assurances they are seeking, they will live in angst every day in fear of announcements.”— 2021-09-02View Hansard
Stated he would not oppose the bill but raised concerns about lack of transparency in health decision-making, inadequate COVID testing site preparation during the Indooroopilly outbreak, and called for the government to release clinical advice relied upon when restricting democratic rights.
“The Queensland state Labor government must publicly release the clinical advice relied upon when fundamental democratic rights are impacted upon or removed when responding to the COVID-19 pandemic.”— 2021-09-01View Hansard
Supported the bill as a sensible and measured approach, praising the Palaszczuk government's COVID response and contrasting it with the lockdown situation in New South Wales.
“This bill is important to make sure we continue to be the state that leads the nation in the COVID health response and economic recovery.”— 2021-09-02View Hansard
Spoke primarily about the amendments to reschedule the Ekka public holiday to 29 October 2021 as a people's long weekend, defended the date choice and highlighted the economic boost from tourism bookings.
“Searches for Gold Coast accommodation were up almost 6,000 per cent. Where all are the Sunshine Coast MPs supporting this long weekend? Searches for Sunshine Coast accommodation were up almost 3,000 per cent.”— 2021-09-01View Hansard
Supported the bill but strongly advocated for the LNP's amendments, arguing the government should release health advice and not extend emergency powers longer than necessary, citing the severe impact of border closures on her community.
“I do not think it is too much to ask that the health advice be released so my community can understand why they must give up their freedoms or that these extraordinary powers are reviewed at the end of the year rather than extended until April next year.”— 2021-09-02View Hansard
Supported the bill but criticised the government for lacking a clear plan to exit restrictions, highlighting the impact on constituents separated from family and the inconsistency of allowing NRL entourages while blocking ordinary Queenslanders from returning home.
“What we want, surely, as a parliament and as a community, is an end to this type of executive authority that seemingly arbitrarily curtails liberties and freedom to live our lives without the types of Big Brother controls far more typical of despotic regimes.”— 2021-09-01View Hansard
Supported extending emergency powers to April 2022 but proposed amendments to establish a COVID-19 parliamentary oversight committee, arguing for greater transparency and scrutiny of government decisions.
“The Greens will again be voting in favour of that extension because, as I said in the last debate on special COVID provisions, there is no doubt that this public health emergency is far from over.”— 2021-09-02View Hansard
As a committee member, detailed the escalating COVID case numbers in New South Wales to demonstrate why extending emergency powers to April 2022 is necessary, and spoke personally about protecting her immunocompromised child and children under 12 who cannot yet be vaccinated.
“I have three children under 12. When will they get their vaccinations? When will they be safe? I have a child with respiratory issues who struggles during a common cold and who is no stranger to ICU and the resuscitation unit.”— 2021-09-01View Hansard
Raised concerns about the extension of emergency powers, criticising the lack of transparency and consistency in COVID restrictions while acknowledging the need for some public health measures.
“People must be given access to all the information the government has on this disease, not just cherry picked bits and pieces.”— 2021-09-02View Hansard
Criticised the government for failing to support small and family businesses affected by lockdowns and public health directives, calling for greater transparency and release of expert health advice, and urged support for the LNP amendments.
“At the moment the financial burden of public health decisions like hard border closures is falling on small businesses and their employees. That is not good enough. Dealing with the COVID crisis should be a shared responsibility and the state government has not been upholding their side of the bargain.”— 2021-09-01View Hansard
Supported the bill but criticised the lack of protections for renters, manufactured home residents and casual workers during lockdowns, and backed the Greens' proposed COVID-19 oversight committee.
“No-one should lose their home because of the pandemic. The government should be putting these protections in place now, not waiting for the crisis to worsen.”— 2021-09-02View Hansard
Supported the bill as necessary to maintain government flexibility in responding to the evolving pandemic, citing strong community support in his electorate for the current health response approach.
“This decisive legislation is about ensuring that business and industry in this state are protected from the ravages of COVID-19, about ensuring people's health is protected and about protecting the jobs of all Queenslanders including those in regional Queensland.”— 2021-09-01View Hansard
Supported extending the emergency powers but backed the LNP amendments to shorten the extension to December and require publication of health advice, criticising the government's mixed messaging on vaccinations.
“Politics has no place in pandemics and a clear and defined pathway to deal with what we all recognise is a serious public health crisis is essential to take this great State forward.”— 2021-09-02View Hansard
Supported the extension of emergency powers but argued they should expire on 10 December rather than April 2022, citing the national roadmap's 80 per cent vaccination target and warning that indefinite extensions undermine hope and create vaccine hesitancy.
“The people of Queensland need hope. They need to see the light at the end of the tunnel. Extending the Chief Health Officer's powers to April with no end in sight, no clear road map out of this, no clear pathway out of it, does not give people hope.”— 2021-09-01View Hansard
Defended the extension of emergency powers as critical to Queensland's successful COVID response and encouraged all Queenslanders to get vaccinated.
“By following Dr Young's health advice and giving her the emergency powers she needed, the Palaszczuk government has been able to respond to the COVID pandemic in a swift and decisive manner.”— 2021-09-01View Hansard
Supported the bill overall but focused his contribution on criticising the government's failed Personalised Transport Ombudsman, which cost $430,000 of taxpayer money before being repealed as part of this bill.
“This ridiculous backflip can be described as incompetent and an embarrassing waste of taxpayers' funds, particularly hardworking public servants.”— 2021-09-01View Hansard
As Minister for Transport, defended the repeal of the Personalised Transport Ombudsman Act as a responsible response to changed circumstances during the pandemic, noting that stakeholders including the Taxi Council supported the decision.
“As a government, you have to respond to the circumstances and the changing realities, and that is what this is about.”— 2021-09-01View Hansard
Criticised the government for limiting debate time, lacking transparency with health advice, and damaging tourism in the Whitsundays through flippant public messaging, while supporting the LNP amendments for a December expiry and publication of health advice.
“This current government is drunk on power. That is a very dangerous place to be. It is an abuse of power. It is why these powers are so important. It is why we have foreshadowed moving amendments to ensure that this House can come together again in December to debate whether there is a need for another extension of power.”— 2021-09-01View Hansard
Supported the bill as essential to Queensland's continuing safe recovery, highlighting zero local cases in Queensland versus 1,116 in New South Wales, and encouraged community vaccination.
“We have done too well, worked too hard and come too far in this pandemic to falter so close to the end. That is why this bill is so important to our continuing success in Queensland.”— 2021-09-01View Hansard
Stated the LNP would not oppose the bill but supported the LNP amendments, raised concerns about border communities like Mungindi being disrupted while NRL entourages were allowed entry, and called for cross-border commissioners and mass vaccination hubs in Western Downs communities.
“It has been absolutely galling this week for Mungindi residents to read of the NRL entourage jetting in from Sydney whilst Queensland Health nurses who work at the Mungindi Hospital in Queensland cannot cross the border to come to work.”— 2021-09-01View Hansard
Strongly supported the bill as a qualified nurse, arguing Queensland's approach of hard, fast lockdowns had successfully beaten the delta variant unlike New South Wales, and criticised the LNP's statement of reservation.
“I support this bill because it gives us the capacity to take a different approach that amazingly has allowed our state to beat the delta variant.”— 2021-09-01View Hansard
As a committee member, supported the bill with the LNP amendments, raising concerns about inconsistent enforcement of restrictions, lack of transparency, and the impact on small businesses and tourism.
“One rule for sporting teams and entertainers and another for everyone else does not pass the pub test.”— 2021-09-01View Hansard
Supported the bill and praised the government's handling of the pandemic, highlighting Townsville's vaccination progress and the planned Wellcamp regional quarantine facility.
“If we had listened to that lot opposite, we would still be in lockdown. They wanted to open the border 64 times.”— 2021-09-01View Hansard
Supported the need for emergency provisions but argued the extension goes too far, calling for publication of health advice, a transparent exit plan, and proper preparation of medical facilities including ICU capacity.
“A plan would make sure that we have some transparency and accountability and that we are prepared for a medical emergency. That would then give some confidence to the people of Queensland, removing some of their anxieties and fears.”— 2021-09-01View Hansard
Supported the bill, sharing personal experiences of being separated from family interstate and overseas, and praised the check-in app and the planned Wellcamp quarantine facility.
“We have done too well, worked too hard and come too far in this pandemic to falter so close to the end.”— 2021-09-01View Hansard
Criticised the government for failing to consult border community MPs on border closures, highlighting the impact on essential workers and emergency services in his electorate which has 500 kilometres of New South Wales border frontage.
“I need to speak for those little people whose voice is not being heard.”— 2021-09-01View Hansard
▸In Detail1 Sept 2021 – 2 Sept 2021View Hansard
Amendment to clause 8 to change the expiry date of COVID-19 emergency powers from 30 April 2022 to 10 December 2021.
That the amendment be agreed to
Vote on the LNP's amendment to shorten the COVID-19 emergency powers extension from 30 April 2022 to 10 December 2021, moved by Ms Bates during Consideration in Detail on clause 8.
The motion was defeated.
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Ayes (35)
Noes (49)
Amendment to insert Part 9A amending the Holidays Act 1983 to create a replacement public holiday on 29 October 2021 in Brisbane, Moreton Bay and Scenic Rim local government areas.
Government amendment No. 2 to insert Part 9B amending the Hospital and Health Boards Act 2011 to allow the appointment of multiple deputy chief health officers instead of a single deputy.
Government amendment No. 3 to insert Part 9C amending the Industrial Relations Act 2016 to add an additional public holiday to the dictionary.
Non-government amendment No. 2 to clause 24 to change the commencement date from 1 May 2022 to 11 December 2021, consequential to the LNP's proposed shorter extension period.
Non-government amendment No. 3 to clause 25 to change the date from 1 May 2022 to 11 December 2021, consequential to the LNP's proposed shorter extension period.
Government amendment No. 4 to insert new clause 30A replacing section 362A to add protection of confidentiality of personal information collected via the Check In Qld app as a purpose of the COVID-19 emergency provisions.
Non-government amendment No. 4 to insert new section 362BA requiring the Chief Health Officer to publish on the department's website the public health advice on which public health directions are based.
That the amendment be agreed to
Vote on the LNP's amendment to shorten the COVID-19 emergency powers extension from 30 April 2022 to 10 December 2021, moved by Ms Bates during Consideration in Detail on clause 8.
The motion was defeated.
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Ayes (35)
Noes (49)
Government amendments Nos 5 to 12 covering consequential changes including delegation powers, comprehensive privacy protections for Check In Qld app data (Division 6), transitional provisions for data confidentiality after emergency powers lapse, Right to Information Act exemption for app data, transport legislation amendments, and repeal of the Personalised Transport Ombudsman Act 2019.
That the amendment be agreed to
Vote on the LNP's amendment requiring the Chief Health Officer to publish the health advice underpinning public health directions on the Queensland Health website. The amendment was defeated 35-49.
The motion was defeated.
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Ayes (35)
Noes (49)
▸1 procedural vote
Vote to grant leave
Vote on whether to grant the Greens member for Maiwar leave to move an amendment outside the long title of the bill to establish a COVID-19 parliamentary oversight committee.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (37)
Noes (47)
Moved LNP amendments during consideration in detail to require publication of health advice underpinning public health directions and to shorten the emergency powers extension date, arguing for transparency and accountability.
“The LNP believes Queenslanders deserve to know. We know the Labor government operates in secrecy and at the whims of polling that they will not release, but the LNP believes in transparency.”— 2021-09-02View Hansard
Opposed the LNP's transparency amendment as impractical, explaining that health advice comes from multiple complex sources in real time and no jurisdiction releases such detailed data, while moving government amendments on privacy protections for Check In Qld app data and multiple deputy chief health officers.
“There is not one jurisdiction in this country that has released complex, detailed medical information that sits behind every decision that is made.”— 2021-09-02View Hansard