Public Health and Other Legislation (COVID-19 Management) Amendment Bill 2022
Plain English Summary
Overview
This bill wound down Queensland's broad COVID-19 emergency powers and replaced them with a more targeted, temporary framework expiring on 31 October 2023. It allowed the Chief Health Officer to issue public health directions only about isolation, quarantine, mask wearing and worker vaccination in high-risk settings, with new requirements for public justification and parliamentary oversight.
Who it affects
All Queenslanders could be affected by isolation, quarantine or mask directions, while workers in healthcare, aged care and other vulnerable settings faced ongoing vaccination requirements. The bill also maintained COVID-19 controls in prisons and corrective services facilities.
Key changes
- Replaced broad emergency COVID-19 powers with targeted directions limited to masks, isolation (max 7 days), quarantine and worker vaccination
- Required the Chief Health Officer to publish a human rights justification statement within 5 days of any direction
- Public health directions must be tabled in Parliament within 21 days and can be disallowed by MPs
- Maximum penalty for breaching a direction reduced to 100 penalty units (fine only, no imprisonment)
- Extended temporary COVID-19 provisions for corrective services facilities until 31 October 2023
- Barred compensation claims for losses caused by exercise of the temporary COVID-19 powers
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 Sept 2022View Hansard
Referred to Health and Environment Committee
The Health and Environment Committee received 57 submissions and recommended the bill be passed. The bill sought to replace the temporary emergency legislative framework for managing COVID-19 with new, more targeted powers for the Chief Health Officer to issue public health directions until 31 October 2023, along with extended emergency measures in corrective services facilities. While health sector organisations broadly supported the bill, concerns were raised about the lack of a definition for 'serious risk', the granting of powers to the Chief Health Officer rather than an elected representative, and the impact of extended emergency powers on prisoners. Opposition members filed dissenting reports arguing that emergency powers were no longer justified given the changed state of the pandemic.
Key findings (5)
- Health sector organisations broadly supported the bill, while most submissions opposing it argued the emergency situation no longer justified such powers
- Some submitters were concerned that 'serious risk' was not defined in the bill, leaving its meaning to the Chief Health Officer's discretion
- Human rights concerns were raised about exemptions from health directions, the right of review, disproportionate restrictions on residents of care facilities, and enforcement powers
- The committee was satisfied that the bill achieved a balance between enabling necessary public health powers and protecting human rights
- The committee encouraged the government to consider retaining the broader scope of pharmacy services enabled during the pandemic, particularly for rural and remote communities
Recommendations (1)
- The committee recommends the Public Health and Other Legislation (COVID-19 Management) Amendment Bill 2022 be passed.
Committee report tabled
▸Second Reading25 Oct 2022View Hansard
▸31 members spoke17 support13 oppose1 mixed
Welcomed measures to improve transparency and democratic oversight of COVID response, but criticised the government for failing to adequately support healthcare workers who bore the brunt of the pandemic.
“We welcome any measures to improve transparency and democracy in our COVID response and to apply public health directions to democratic oversight.”— 2022-10-26View Hansard
Moved the bill as Health Minister, arguing it provides a proportionate step-down approach to managing COVID-19 as a notifiable condition with limited, temporary powers and strengthened safeguards including parliamentary scrutiny.
“Rather than waiting until things reach emergency level, this bill provides a balanced and proportionate approach to an unpredictable threat.”— 2022-10-25View Hansard
Strongly supported the bill, arguing Queensland's COVID response kept Queenslanders safe and the economy strong. Criticised the LNP for calling 64 times for borders to be opened prematurely.
“I have three simple reasons members should support this bill. Firstly, 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
Announced the opposition would not support the bill, arguing the pandemic situation had shifted so greatly that emergency-style legislation was no longer justified and parliament could be recalled if a new threat emerged.
“The opposition believes that the time for legislation like this has come and gone. Until such time as a new public health emergency arises—should that happen, the parliament should then be allowed to do its job: be recalled if urgent and pass the necessary laws.”— 2022-10-25View Hansard
Argued the bill does not take into account lessons learned from the pandemic response, citing the Fault Lines report. Said the bill is not fit for purpose and parliament can be recalled if new powers are needed.
“Despite lessons learnt, the approach in this bill is to continue with what has been utilised previously, although it is narrower in scope. It does not appear to take into account what has been analysed, reported, raised or independently assessed.”— 2022-10-26View Hansard
Spoke as a committee member in support of the bill, praising Queensland's COVID response and the leadership of the Premier and chief health officers, and criticising the LNP for calling 64 times to open borders.
“I believe this is a sound bill and I commend the bill to the House.”— 2022-10-25View Hansard
Supported the bill as an important step in Queensland's transition from COVID emergency while maintaining safeguards for future risks. Praised the government's handling of the pandemic.
“While we all acknowledge that the future is uncertain, we must continue to remain aware of, agile and responsive to the virus and continue to protect our fellow Queenslanders and the Queensland community.”— 2022-10-26View Hansard
Spoke as an opposition committee member, arguing the provisions remained extraordinary, the pandemic had shifted greatly, and parliament could be recalled if needed rather than extending special powers.
“We will not be supporting this bill. We do not believe it is necessary at this time. We absolutely believe that the parliament should be free to do its work and that if the parliament needs to be recalled then that would be the appropriate time to deal with any future pandemic or health concerns.”— 2022-10-25View Hansard
Opposed the bill, arguing emergency powers are no longer necessary given high vaccination rates and reduced COVID risk. Shared constituent stories about hardship caused by border closures and criticised the government's belated transparency measures.
“The current state of the pandemic has shifted so greatly since a bill of this nature was introduced into parliament that these powers, in my view, are no longer necessary, and that is why the LNP will not be supporting this bill.”— 2022-10-26View Hansard
Supported the bill as a measured step-down approach, praising the government's pandemic leadership and arguing it would be irresponsible to remove the framework entirely.
“No matter how fatigued by the pandemic we may be, it would be totally irresponsible to adopt the LNP's suggestion to remove any pandemic management framework.”— 2022-10-25View Hansard
Strongly supported the bill, defending the government's COVID response as world-leading. Attacked the LNP's record of undermining expert health advice throughout the pandemic.
“We had a roadmap that was informed by expert health advice. It was informed through the Chief Health Officer. It was not because a politician in this place said, 'Open up the borders.'”— 2022-10-26View Hansard
Opposed the bill, arguing emergency powers should expire as scheduled, that powers should rest with elected representatives not the CHO, and that the harm caused by restrictions should end.
“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
Opposed the bill, arguing the government failed to consult border electorate members when making decisions that severely impacted his constituents. Said parliament can be recalled if emergency powers are needed again.
“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
Strongly defended the government's COVID response, arguing it kept Queenslanders safe and the economy strong, and criticised the LNP for opposing measures purely for political gain.
“This is good, sensible reform. It is meeting the needs of Queenslanders and it is making sure that we do not listen to the elected officials on the other side when it comes to health.”— 2022-10-25View Hansard
Supported the bill, praising Queensland's COVID response and thanking frontline workers including pathology scientists. Argued the bill provides appropriate powers should a new COVID mutation emerge.
“We do not know when there may be a mutation. We do not know what will happen over the winter period in the Northern Hemisphere and whether there will be outbreaks and mutations that we will need to be prepared for. This bill is fitting.”— 2022-10-26View Hansard
Opposed the bill as unnecessary, arguing the situation had changed dramatically with mandatory isolation removed by National Cabinet, and parliament could be recalled for any future emergency.
“To conclude, this bill is unnecessary. It is looking backwards when we are all moving forwards, away from the pandemic.”— 2022-10-25View Hansard
As Health Minister, defended the bill as containing sensible, proportionate and targeted measures to manage ongoing COVID-19 risks. Noted all mainland states have pandemic management frameworks in place.
“COVID-19 remains unpredictable. While we think and hope the worst is behind us, this virus could continue to mutate and new waves of infection could occur.”— 2022-10-26View Hansard
Supported the bill as a balanced step-down framework that retained effective powers for managing COVID-19 while ensuring proportionality, parliamentary oversight and human rights compatibility.
“Ultimately, 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, arguing the community had had enough of COVID legislation and raising concerns about 'serious risk' being undefined and powers being vested in the CHO rather than elected representatives.
“My contribution can be summed up in one simple word: enough. The community of the electorate of Glass House and the communities of Queensland have simply had enough.”— 2022-10-25View Hansard
Supported the bill as a clear scaling down of powers with reserve capacity, praising the transparency measures including parliamentary tabling, human rights assessments and disallowance provisions.
“I think what we are seeing here is a really clear scaling down, ensuring that we still have those reserve powers in place but also transparency—we have heard about the real importance of transparency—and that any restrictions are only there for the duration they are strictly required.”— 2022-10-25View Hansard
Opposed the bill on behalf of the opposition, arguing the situation had evolved significantly, restrictions were virtually gone, and parliament could be recalled if a new threat emerged.
“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 as they are scheduled to do.”— 2022-10-25View Hansard
Supported the bill as a necessary safety net during the step-down from the pandemic, emphasising that COVID remained real and active and that vulnerable community members needed protection.
“COVID is real; it is still active. The virus is still too unpredictable and too new. We do not know what variants will emerge and how they will affect the population and how the current vaccines will react.”— 2022-10-25View Hansard
Opposed the bill, arguing the government had taken an easy approach by rolling controls forward for another 12 months when parliament could be recalled if needed, and praised local health workers.
“I believe the government has taken an easy approach just to roll these controls forward for another 12 months.”— 2022-10-25View Hansard
Supported the bill as Agriculture Minister, highlighting the government's support for the agriculture and fisheries sectors during the pandemic and arguing temporary powers remained necessary.
“As a government, we listened to the experts, we backed the science and we kept Queenslanders safe through the worst of the pandemic.”— 2022-10-25View Hansard
Opposed the bill in its entirety on behalf of the KAP, arguing Queenslanders had learned to live with the virus and the powers would prevent unvaccinated health workers and police from returning to work.
“From the outset I state that the KAP will oppose this bill in its entirety. We have always stood in this House and fought for people's choice regarding the COVID-19 mandates imposed by the state Labor government in Queensland.”— 2022-10-25View Hansard
Strongly supported the bill as a registered nurse, arguing COVID remained a serious disease with death rates far exceeding the road toll, and challenged the LNP to specify which powers they objected to.
“The death rate in 2022 from COVID-19 is likely to exceed the road accident death rate in Australia by four to five times.”— 2022-10-25View Hansard
Opposed the bill, criticising the one-size-fits-all approach that disadvantaged regional communities and arguing the government's restrictions caused inadvertent harm including hospital backlogs.
“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 as a necessary step-down from emergency powers, arguing COVID remained too unpredictable for self-management alone and praising the new safeguards and limitations on the CHO's powers.
“COVID-19 is still too unpredictable to expect people to self-manage the risks on their own.”— 2022-10-25View Hansard
Completely opposed the bill, arguing vaccination mandates should end as Queenslanders had learned to live with COVID, and citing the independent Fault Lines review on government overreach.
“The reality is that Queenslanders have learned to live with COVID so all of the powers granted to the government should now be removed. People are over being jabbed, isolated and jobless.”— 2022-10-25View Hansard
Supported the bill as a responsible step-down approach, noting 2,256 Queenslanders had died from COVID and arguing the unpredictable nature of new variants justified retaining limited powers.
“2,256. That is the number of Queenslanders who have lost their lives to COVID-19. In amongst the discussion, the debate, the disagreements and sometimes the delusion, we must never forget those whose deaths are an indelible reminder of the cruelty of this virus.”— 2022-10-25View Hansard
Said the Greens would not oppose the bill as an improvement on existing law, but criticised the lack of a robust democratic framework, the 21-day tabling gap, and the harmful impact of extended emergency powers on prisoners including de facto solitary confinement.
“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 a broad emergency framework to a narrower, temporary set of powers for the Chief Health Officer until October 2023.
The motion passed.
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Ayes (49)
Noes (35)
That the long title of the bill be agreed to
Procedural vote confirming the formal title of the COVID-19 management bill, with the same voting pattern as the third reading.
The motion passed.
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Ayes (49)
Noes (35)
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