Public Health and Other Legislation (Public Health Emergency) Amendment Bill 2020
Plain English Summary
Overview
This bill gave the Queensland Government broad emergency powers to respond to the COVID-19 pandemic. It strengthened the Chief Health Officer's ability to issue enforceable public health directions, introduced on-the-spot fines for non-compliance, provided flexibility for elections and planning processes, and allowed Executive Council meetings to be held remotely. Most emergency provisions included a one-year sunset clause.
Who it affects
All Queenslanders were affected, as the bill provided the legal framework for movement restrictions, isolation orders, gathering limits and business closures. Voters and local government candidates were also affected by provisions allowing elections to be suspended or rescheduled.
Public health emergency powers and enforcement
Expanded the Chief Health Officer's powers to issue binding public health directions restricting movement, requiring isolation and regulating gatherings. Emergency officers gained the power to direct individuals to quarantine for up to 14 days and to order businesses to open, close or limit access. On-the-spot fines of $1,334.50 for individuals applied for non-compliance.
- Chief Health Officer gained broad power to issue enforceable public health directions restricting movement, gatherings and access to places
- Emergency officers could order individuals to isolate or quarantine for up to 14 days
- On-the-spot fines introduced: $1,334.50 for individuals, $6,672.50 for corporations
- Compensation for losses from emergency powers removed retrospectively from 16 March 2020
- Emergency powers included a one-year sunset clause
Election flexibility
Provided the Minister with powers to suspend, terminate or reschedule the 2020 local government election and State by-elections. Expanded postal voting, electronic voting and altered how-to-vote card rules to reduce health risks at polling booths.
- 2020 local government election could be suspended or terminated and a new date set
- Expanded postal and electronic voting options for vulnerable electors
- Electoral Commission could restrict or prohibit how-to-vote card distribution at polling booths
- By-elections could be postponed beyond the usual 21-day limit
Planning and business continuity
Created a framework for 'applicable events' in the planning system, allowing temporary use licences so businesses could change their operations during emergencies. Operating hour and delivery restrictions could be lifted to maintain supply chains. Planning timeframes could be extended or suspended.
- New 'applicable event' framework for planning emergencies, not limited to COVID-19
- Temporary use licences allowed businesses to change operating conditions during emergencies
- Operating hour and delivery restrictions could be removed for declared uses
- Planning and development assessment timeframes could be suspended or extended
Executive Council and governance
Amended the Constitution of Queensland to allow Executive Council meetings to be held via teleconferencing or videoconferencing, and extended the interim administrations for dissolved Ipswich and Logan councils.
- Executive Council meetings could be held remotely using electronic communication
- Ipswich City Council interim administration extended from 30 June 2020 to 30 June 2021
- Logan City Council interim administration similarly extended
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced18 Mar 2020View Hansard
Vote on a motion
Vote on the urgency motion to declare the Public Health and Other Legislation (Public Health Emergency) Amendment Bill urgent, bypass committee referral, and impose a two-hour time limit on all debate. The LNP and NQF opposed the time constraint but not the bill's urgency.
The motion was agreed to.
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 (41)
Noes (33)
▸1 procedural vote
Vote to end debate
Government gag motion to end debate on the sessional order amendment giving the Speaker power to change sitting dates upon government advice, and force an immediate vote.
Debate was ended and a vote was forced.
A procedural vote to end debate and force an immediate decision. Sometimes called a “gag motion”.
▸Show individual votesHide individual votes
Ayes (41)
Noes (33)
▸Second Reading18 Mar 2020View Hansard
▸11 members spoke6 support5 mixed
Introduced the bill as Health Minister, outlining strengthened powers for the Chief Health Officer to issue public health directions, restrict gatherings, isolate individuals, and protect aged care residents. Also covered amendments to planning, elections, and the Constitution for Executive Council meetings.
“The COVID-19 situation will continue to move very quickly. This bill will provide clear powers for the Chief Health Officer to give a public health declaration to assist in containing or responding to the spread of COVID-19 within the community.”— 2020-03-18View Hansard
Stated the opposition would support the bill but criticised the rushed process with only one hour's notice, and argued the bill was not comprehensive enough economically. Foreshadowed amendments including an electricity price ceiling, payroll tax threshold increase, trading hours extension, motor vehicle registration freeze, and bulk water price ceiling.
“These are extraordinary times and they require extraordinary measures to address them. I say from the outset that the opposition will support this bill. That does not mean that we support the processes in bringing this bill here tonight.”— 2020-03-18View Hansard
Spoke to the planning amendments enabling supermarkets and essential businesses to operate loading docks and distribution centres 24/7 through temporary use licences, and allowing the planning minister to suspend or extend statutory time frames.
“We may choose to wait and watch as this event unfolds, or we can take swift and decisive action now to ensure essential businesses such as supermarkets and chemists can operate their loading docks and distribution centres 24 hours a day.”— 2020-03-18View Hansard
Supported the temporary use licence provisions for supermarkets, noting they mirrored the temporary emissions licence he introduced as environment minister. Warned that the extension of statutory planning time frames could be abused by councils to deliberately slow approvals when they should be fast-tracking them.
“I am very concerned that a number of other councils not experiencing staff decline will use it as a means of going slow. To be blunt, as we heard from the shadow Treasurer, now is not the time to be going slow.”— 2020-03-18View Hansard
Spoke as Premier about the seriousness of the pandemic, the need for social distancing, the importance of maintaining supply chains through the planning amendments, and urged Queenslanders not to panic buy.
“This is a deadly virus, make no mistake, and it is here. It is here now in Australia, through nearly every state and territory, and we are in the fight of our lives.”— 2020-03-18View Hansard
Supported the health measures but accused the government of using the crisis to avoid scrutiny by rushing the bill through with inadequate debate time. Criticised the economic response as anaemic compared to other states and the federal government.
“Labor is paving the way for the suspension of a democratic government in Queensland. No-one disputes the seriousness of the coronavirus, but Labor's plan is an extreme and undemocratic overreaction.”— 2020-03-18View Hansard
Spoke to the local government election amendments providing flexibility for the 2020 quadrennial elections, including powers to suspend or terminate elections if needed for public health reasons.
“While these amendments enable the flexibility that might be needed, let me make it clear that at this point in time, based on public health advice, the Palaszczuk government is determined to deliver the 2020 local government elections on the current schedule.”— 2020-03-18View Hansard
Raised concerns about the significant electoral amendments being made during active voting, questioned the integrity of telephone voting technology, and flagged the gap in retirement village protections. Argued the economic response did not go far enough, calling for payroll tax waivers rather than deferrals.
“One thing we learnt from the global financial crisis—the advice taken up by a Labor federal government—was to go hard, go early, go households. My concern about what is facing the House tonight is that economically the bill does not go hard enough nor far enough.”— 2020-03-18View Hansard
Spoke to the by-election provisions giving the ECQ flexibility for postal voting, electronic voting, and how-to-vote card distribution. Stressed that no decision had been made to alter the election date and urged social distancing at polling booths.
“This bill provides the ability to alter elections; this bill does not initiate such change. It is really important that we get that message out there.”— 2020-03-18View Hansard
Supported the need for the bill but criticised the rushed process and lack of time for scrutiny. Focused on the local government election amendments, emphasising that councils needed elected leadership for disaster management and expressing concern about the broad regulation-making powers.
“Local government mayors are the heads of the disaster management committees across our state. Our state needs them at this time.”— 2020-03-18View Hansard
Did not oppose the bill and flagged support for the LNP's economic amendments including payroll tax waivers. Expressed concern about the two-hour debate window and advocated for more consideration of economic impacts on North Queensland tourism and small business.
“For without hope what have we got? Right now the eyes of millions of Queenslanders—maybe not literally—are on this place wondering what we are doing as elected representatives.”— 2020-03-18View Hansard
▸In Detail18 Mar 2020View Hansard
▸1 procedural vote
Vote to grant leave
Vote on whether to grant the LNP leave to move amendments outside the long title of the bill, including an electricity price ceiling, payroll tax threshold increase, motor vehicle registration freeze, retail trading hours extension, and bulk water price ceiling. Leave was denied by the ALP majority.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.