Public Health and Other Legislation (COVID-19 Management) Amendment Bill 2022
Plain English Summary
Overview
This bill wound back Queensland's broad COVID-19 emergency powers and replaced them with a smaller set of temporary public health powers that expired on 31 October 2023. It allowed the Chief Health Officer to continue issuing directions about isolation, quarantine, masks and vaccination of workers in high-risk settings, but removed powers for border closures, lockdowns, gathering restrictions and general vaccination requirements.
Who it affects
People diagnosed with COVID-19 or who were symptomatic close contacts could still be required to isolate or quarantine for up to 7 days. Workers in healthcare, aged care and similar vulnerable settings could still be required to be vaccinated. The general public was no longer subject to lockdowns, border closures or vaccination requirements for venues.
Key changes
- Broad COVID-19 emergency powers expired on 31 October 2022, replaced with narrower temporary powers until 31 October 2023
- Chief Health Officer could only issue directions about isolation (up to 7 days), quarantine for symptomatic contacts (up to 7 days), masks in certain settings, and vaccination of workers in vulnerable workplaces
- Border closures, lockdowns, gathering limits and general vaccination requirements for venue entry were no longer possible
- Public health directions had to be tabled in Parliament within 21 days and could be disallowed by MPs, with a mandatory human rights justification statement published within 5 days
- Directions automatically expired after 90 days unless remade, and the Chief Health Officer could not delegate the power to make them
- Maximum penalty for breaching a direction reduced from 100 penalty units or 6 months imprisonment to 100 penalty units only (no jail term)
- COVID-19 measures in corrective services facilities extended until 31 October 2023, allowing emergency declarations covering all facilities for up to 90 days
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 Sept 2022 – 25 Oct 2022View Hansard
Referred to Health and Environment Committee
▸Second Reading25 Oct 2022 – 26 Oct 2022View Hansard
▸27 members spoke15 support11 oppose1 mixed
Welcomed measures to improve transparency and democratic oversight of COVID public health directions, but criticised the government for underfunding hospitals and failing to support healthcare workers who are burnt out and understaffed.
“We welcome any measures to improve transparency and democracy in our COVID response, but our healthcare workers have been carrying the brunt of this pandemic and remain unsupported by this government.”— 2022-10-26View Hansard
As Health Minister, moved the second reading and defended the bill as a step-down approach replacing emergency powers with limited temporary measures to manage COVID-19 as a notifiable condition until 31 October 2023.
“This bill provides the safety net to see us through the next 12 months as we continue to adapt.”— 2022-10-25View Hansard
Strongly supported the bill, arguing Queensland's pandemic response kept people safe and the economy strong. Praised the vaccination efforts and community cooperation in Logan.
“We have come so far through this pandemic by sticking together, having a plan that we had from day one and delivering it.”— 2022-10-26View Hansard
While thanking frontline health workers, argued the time for emergency-style COVID legislation has passed, that parliament should be allowed to do its job if a new emergency arises, and opposed continued powers for the Chief Health Officer.
“The opposition believes that the time for legislation like this has come and gone.”— 2022-10-25View Hansard
Supported the bill as an important step in transitioning from emergency to non-emergency COVID management while retaining safeguards. Praised the government's pandemic response for Queensland's economic performance.
“The bill is an important step in Queensland's path out from the midst of the pandemic, whilst still ensuring there are safeguards in place should we see a spike in cases or an emergence of another strain of COVID-19.”— 2022-10-26View Hansard
As a former paramedic, supported the bill as a sound framework for managing COVID-19 going forward and criticised the LNP for opposing COVID measures throughout the pandemic.
“The LNP does not want to support this framework because they do not want to acknowledge the continued existence of COVID-19. I believe this is a sound bill and I commend the bill to the House.”— 2022-10-25View Hansard
Opposed the bill, arguing the emergency powers are no longer necessary as COVID is now something Queenslanders live with. Highlighted the significant impact of border closures on her electorate and argued the response must be proportionate to the now-diminished risk.
“We cannot go on living indefinitely with these types of extraordinary legislative provisions in place. It is wrong and I will not support it.”— 2022-10-26View Hansard
Opposed the bill as unnecessary, arguing parliament should be free to be recalled to deal with any future pandemic and that the undefined term 'serious risk' and empowering the Chief Health Officer rather than elected representatives are concerning.
“We will not be supporting this bill. We do not believe it is necessary at this time.”— 2022-10-25View Hansard
Supported the bill, praising the Palaszczuk government's pandemic management as world-leading. Criticised the LNP for undermining expert health advice throughout the pandemic.
“This legislation continues the fantastic work that the Palaszczuk Labor government has been doing throughout the COVID-19 pandemic.”— 2022-10-26View Hansard
Supported the bill as a responsible step-down approach to managing COVID-19, arguing it would be irresponsible to remove any pandemic management framework as the LNP suggested.
“It would be totally irresponsible to adopt the LNP's suggestion to remove any pandemic management framework.”— 2022-10-25View Hansard
Opposed the bill, arguing the government failed to consult border electorate representatives about COVID restrictions. Expressed distrust of leaving emergency-style powers on the table without proper debate and advocated for parliament to reconvene instead.
“I am naturally suspicious about leaving these sorts of powers on the table without us coming back for a proper debate.”— 2022-10-26View Hansard
Opposed the bill, arguing the emergency powers should expire as scheduled and that lockdowns and border closures caused significant harm to vulnerable communities including low socio-economic families, women, children and those in aged care.
“The harm caused should stop now. We have a sunset clause and that is the end of this month. We should use it. It is time to end the emergency powers in Queensland.”— 2022-10-25View Hansard
Supported the bill, praising frontline health workers including pathology scientists. Argued Queensland and Western Australia were the best-performing states during the pandemic, as evidenced by interstate migration.
“For two years, this government and the powers of the Chief Health Officer gave confidence to people that they could come to Queensland and have an open and safe life, free from the virus.”— 2022-10-26View Hansard
Strongly supported the bill and defended the government's COVID response, criticising the LNP for opposing every pandemic measure purely for political gain and for demanding 64 times that borders be opened.
“Queenslanders overwhelmingly backed in the Palaszczuk Labor government.”— 2022-10-25View Hansard
Supported the bill as striking a balance between retaining effective powers to respond to COVID risks while ensuring powers are proportionate and subject to parliamentary oversight.
“The bill does strike a balance in retaining the effective powers that are most likely to be needed to respond to risks posed by COVID going forward whilst ensuring that these powers are proportionate.”— 2022-10-25View Hansard
Opposed the bill, summarising his position as 'enough', arguing the community has had enough of COVID powers and objecting to 'serious risk' being undefined and the Chief Health Officer rather than elected representatives making directions.
“My contribution can be summed up in one simple word: enough.”— 2022-10-25View Hansard
Supported the bill as continuing the government's strong pandemic management, expressing pride in the leadership shown and the strong health response that led to good economic outcomes.
“We all know that it could have been so much worse in Queensland. I am incredibly proud of the strong leadership that our Premier and the leadership team showed in managing the COVID-19 pandemic.”— 2022-10-25View Hansard
Opposed the bill on behalf of the opposition, agreeing with the Queensland Council for Civil Liberties that emergency powers should be allowed to expire and arguing the time for such legislation has come and gone.
“I strongly agree with the views of Mr Michael Cope, the president of the Queensland Council for Civil Liberties, and their submission that Queensland's emergency powers should be allowed to expire on 31 October 2022.”— 2022-10-25View Hansard
Supported the bill, crediting the government's swift measures for Queensland's minimal disruption compared to other states and thanking health workers for keeping the community safe.
“Our health workers are the heroes of our community. I support the bill.”— 2022-10-25View Hansard
While thanking health workers, opposed the bill arguing it was unnecessary and looking backwards, noting that Queensland Health now only recommends rather than mandates isolation and masking.
“This bill is unnecessary. It is looking backwards when we are all moving forwards, away from the pandemic.”— 2022-10-25View Hansard
Strongly opposed the bill, arguing the KAP has always fought for people's choice regarding COVID mandates and criticising the government's handling of aged care residents who died unable to see their families.
“From the outset I state that the KAP will oppose this bill in its entirety.”— 2022-10-25View Hansard
Supported the bill as continuing the hard work of keeping Queenslanders safe, defending the government's COVID response and arguing this bill continues the Premier's leadership since the start of the pandemic.
“This bill continues the hard work the Premier has led since the start of the pandemic—that is, the work of keeping Queenslanders safe and leading the recovery.”— 2022-10-25View Hansard
Opposed the bill, criticising the one-size-fits-all approach that locked down regional communities with no COVID cases, arguing the government was conditioning people to need to be ordered about.
“We strongly reject this bill. It sends bad signals to the people of Queensland. It is very dangerous that the government continues to condition people to need to be ordered about and told what to do.”— 2022-10-25View Hansard
Supported the bill, defending the government's emergency framework and acknowledging the personal cost to constituents while emphasising that tough decisions were made for the greater good.
“I respected that our constituents understood we had to make these tough decisions for every single Queenslander.”— 2022-10-25View Hansard
Opposed the bill, arguing that vaccination mandates should not continue until October 2023 and that all emergency powers should be removed as Queenslanders have learned to live with COVID.
“The reality is that Queenslanders have learned to live with COVID so all of the powers granted to the government should now be removed.”— 2022-10-25View Hansard
Supported the bill, beginning with the sobering figure of 2,256 Queenslanders who had lost their lives to COVID-19 and defending the government's approach to pandemic management.
“That is the number of Queenslanders who have lost their lives to COVID-19.”— 2022-10-25View Hansard
Would not oppose the bill as an improvement on existing public health law, but criticised it as still falling short of a robust democratic framework, calling for better parliamentary oversight, shorter tabling periods, and long-term pandemic legislation similar to Victoria's.
“While the Greens believe this bill is an improvement on existing public health law and will not be opposing it, I want to talk about what we need to see to ensure our public health legislation is up to the challenges of the next few decades.”— 2022-10-25View Hansard
▸Third Reading26 Oct 2022View Hansard
That the bill be now read a third time
Final passage vote on the bill to transition COVID-19 public health powers from emergency to non-emergency management framework. The bill passed with ALP and Greens support (49) against LNP, KAP, PHON and independent opposition (35).
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (35)
That the long title of the bill be agreed to
Procedural vote on the long title of the COVID-19 management bill, with the same voting pattern as the third reading division.
The motion passed.