Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022
Plain English Summary
Overview
This bill extended Queensland's COVID-19 public health emergency powers from 30 April 2022 to 31 October 2022, while allowing most other temporary COVID-19 measures to expire. It kept in place the Chief Health Officer's power to issue public health directions, emergency powers in corrective services and disaster management, and mental health patient leave provisions, with all measures tied to the ongoing public health emergency declaration.
Who it affects
All Queenslanders were affected as the bill determined how long COVID-19 restrictions like mask mandates, quarantine requirements and gathering limits could remain in force. Prisoners, visitors to correctional facilities, quarantined travellers and commercial tenants were specifically impacted.
Key changes
- COVID-19 public health emergency powers extended to 31 October 2022, or earlier if the Minister ended the emergency declaration
- Most other temporary COVID-19 measures (extraordinary regulations, business modifications) expired on 30 April 2022
- Chief Health Officer retained power to issue directions on movement restrictions, quarantine, mask wearing and vaccination requirements
- Corrective services facilities could continue COVID-19 screening and 90-day emergency declarations
- Penalty of up to 100 penalty units or 6 months imprisonment for breaching public health directions continued
- Retail lease dispute protections continued until 30 April 2024 under existing regulations
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee22 Feb 2022View Hansard
Referred to Community Support and Services Committee
The Community Support and Services Committee examined the bill over 31 days, receiving 4,188 submissions (including 2,427 form submissions) and holding public briefings and a public hearing. The committee recommended the bill be passed, finding the extension of temporary COVID-19 public health powers until 31 October 2022 to be justified given the ongoing pandemic, while noting most associated COVID-19 measures would expire on 30 April 2022 as planned. The committee was satisfied that limitations on human rights were reasonable and demonstrably justifiable. Both the LNP opposition members and the Greens Member for Maiwar filed statements of reservation raising concerns about insufficient parliamentary oversight and transparency.
Key findings (5)
- The great majority of the 4,188 submissions opposed the extension, with individuals citing impacts on employment, mental health, financial hardship, and democratic rights, while organisational stakeholders were more evenly split
- The Queensland Human Rights Commission did not support the bill, calling for comprehensive, human rights compatible pandemic legislation with greater transparency and oversight, similar to Victoria's approach
- The committee found the bill's human rights limitations to be reasonable and demonstrably justifiable under section 13 of the Human Rights Act 2019, consistent with findings of previous committees on earlier extension bills
- The Department of Health argued the temporary framework enabled a proportionate, flexible response that could be scaled up or down based on epidemiological risk, and that powers would cease if the public health emergency declaration ended
- The committee encouraged the government to consider extending the Family Responsibilities Commission COVID-19 regulation to ensure continuity of its operations
Recommendations (1)
- The committee recommends the Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022 be passed.
Committee report tabled
▸Second Reading29 Mar 2022View Hansard
That the bill be now read a second time
Vote to advance the Public Health emergency powers extension bill. The LNP voted in favour at this stage despite criticising the bill, joining ALP and Greens. Only KAP (3), PHON (1) and Bolton (Ind) voted against.
The motion passed.
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Ayes (82)
That the amendment be agreed to
Vote on the government's amendment to the LNP's private member's motion about Sunshine Coast heavy passenger rail, reframing the motion to note that most of the federal funding commitment was beyond the forward estimates and congratulating Labor members for Caloundra and Nicklin.
The motion passed.
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Ayes (50)
Noes (31)
Vote on a motion
Vote on a procedural motion to suspend standing orders to allow the Premier to move a motion regarding the federal budget, followed by a private member's motion on Sunshine Coast rail. This was unrelated to the Public Health bill.
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 (49)
Noes (38)
That the motion, as amended, be agreed to
Vote on the amended motion regarding Sunshine Coast rail infrastructure, as reframed by the government amendment, noting the federal government's announcement and congratulating the members for Caloundra and Nicklin.
The motion passed.
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Ayes (50)
Noes (31)
▸51 members spoke26 support13 oppose12 mixed
Strongly defended the government's COVID-19 response and the need to extend emergency powers, praising the Chief Health Officer and the Premier's leadership in keeping Queenslanders safe and schools open.
“Thank goodness it is the Palaszczuk Labor government in charge in this state because if it were those opposite the floodgates would be open and the borders would be open.”— 2022-03-31View Hansard
Defended the government's COVID-19 public health response, highlighting Queensland's high vaccination rates and relatively low lockdown days compared to other states, and argued the legislative framework must continue as the pandemic is not yet over.
“Everything that our government has done to protect Queenslanders from COVID-19 has relied on having the right legislative measures to make decisions quickly and flexibly to respond to the unpredictable and changing nature of COVID-19.”— 2022-03-30View Hansard
As Minister for Health, moved the second reading and defended the bill as necessary to maintain Queensland's COVID-19 response framework, particularly given the emergence of Omicron subvariants and the approaching winter flu season.
“If these powers were not extended, that direction would fall away. After April, staff at aged-care facilities would not have to be vaccinated at all, let alone have a third booster or a fourth booster.”— 2022-03-29View Hansard
Opposed the bill without amendments, arguing it authorised the continuance of sweeping powers without transparency, consultation or parliamentary scrutiny, and citing the Queensland Human Rights Commission's statement that such powers cannot continue without proper oversight.
“To support this bill without amendments that ensure oversight, accountability, transparency, support for evidence based decision-making and independent reviews of determinations is to support a form of autocracy versus democracy.”— 2022-03-31View Hansard
Argued there is no longer a reason to extend the Chief Health Officer's extraordinary powers, criticised vaccine mandates as harmful to small businesses, and stated the LNP would not support the bill unless the government accepted their parliamentary oversight amendments.
“If the Labor government do not in a spirit of cooperation support the amendments that will be moved by the LNP opposition in terms of parliamentary oversight, then I see no reason for supporting this legislation today.”— 2022-03-30View Hansard
As shadow health minister, acknowledged the need for some COVID-19 powers but argued the government lacked transparency and accountability. Moved amendments to shorten the extension to 31 May, require public release of health advice, and establish a parliamentary oversight committee.
“The LNP's first amendment would see the extraordinary powers given to the government and Chief Health Officer expire on 31 May 2022. We are saying to the government, 'You have two months to outline a plan for the future.'”— 2022-03-29View Hansard
Supported the bill as a proportionate and necessary response to an ongoing global pandemic, arguing the temporary extension ensures Queensland remains well placed to respond to changing variants.
“This further temporary extension is a proportionate and necessary response to a global pandemic that is still with us.”— 2022-03-31View Hansard
Praised Queensland's leadership during the pandemic, noting the state spent only 21 days in lockdown compared to far longer in other states, and thanked small business peak bodies, health workers and young people for their resilience.
“Dealing with a crisis like this requires leadership from government. Our Premier and our health ministers—the previous health minister and the current health minister, the member for Redcliffe—have done an amazing job and have made the really hard decisions.”— 2022-03-30View Hansard
As chair of the Community Support and Services Committee, supported the bill, highlighting Queensland's strong economic and health outcomes compared to other states during the pandemic.
“Queensland's timely and targeted health response has limited the impact of the virus on the state's fiscal position.”— 2022-03-29View Hansard
Acknowledged the need for health measures but called for transparency and the release of health advice. Supported the LNP amendments moved by the member for Mudgeeraba, arguing Queenslanders deserve to see the advice on which restrictions are based.
“More than two years later, the health advice is still not available to the people who have sacrificed so much.”— 2022-03-31View Hansard
Argued that with 90 per cent vaccination levels, the population no longer needs to be secured from others, criticised the truncated committee process, and declared he would not support the bill.
“Now that the state has reached a 90 per cent vaccination level, I believe my support for these laws has expired because my conclusion is that we no longer need to secure our population from the interference of others.”— 2022-03-30View Hansard
As deputy chair of the committee, acknowledged the need for pandemic measures but raised concerns about erosion of human rights, citing the Queensland Human Rights Commission's opposition. Supported the LNP amendments for greater transparency and a shorter extension.
“I hope common sense will prevail as we move to restore Queenslander's faith in our system of government, and we can allow these temporary management provisions to expire in April as we all agreed was the right course of action in August last year.”— 2022-03-29View Hansard
Spoke strongly in favour of the bill, citing ongoing COVID-19 case numbers and deaths, and arguing the powers are needed to respond to emerging variants and protect the health system heading into winter.
“We need to be relied on to be doing what the science tells us. This is what we have done and what we will continue to do.”— 2022-03-31View Hansard
Criticised the LNP's change in position as 'policy on the run' driven by the member for Kawana, thanked the Redlands community for achieving over 95 per cent double-dose vaccination, and defended the public health measures as responsible.
“People getting the vaccine is the reason businesses are open. It is why I can go to the pub and have a beer. It is why live music is back.”— 2022-03-30View Hansard
Supported the bill, highlighting the particular vulnerability of Cape York and Torres Strait communities and praising the measures that kept remote communities safe during the pandemic.
“I think the position we are in now, in coming through this global pandemic, is testament to the good job the Queensland government did to protect all communities across the state.”— 2022-03-29View Hansard
Called for the release of health advice and greater parliamentary scrutiny, criticising inconsistencies in how restrictions were applied. Supported the LNP amendments for transparency while acknowledging COVID as a serious disease requiring special measures.
“It is time to release the health advice, to trust the people, to not patronise them, and to acknowledge that keeping people safe does not mean keeping them in the dark.”— 2022-03-31View Hansard
Strongly opposed the bill, describing the vaccine mandate as a 'segregation policy' and calling the emergency powers the most destructive abuse of powers in his 18 years in parliament, citing submissions from the Queensland Council for Civil Liberties and the Queensland Human Rights Commission.
“In my 18 years of parliament I have never seen a more destructive abuse of powers that segregates and marginalises a section of our society than this bill allows.”— 2022-03-30View Hansard
Opposed the bill in its current form, arguing that after two years it was time for fit-for-purpose pandemic legislation with proper transparency and human rights safeguards, as called for by the Queensland Human Rights Commission. Moved extensive amendments based on Victoria's model.
“As the Human Rights Commissioner does not support this bill in its current form, neither can the Greens. We cannot keep kicking this can down the road and extending what was meant to be a temporary framework.”— 2022-03-29View Hansard
Strongly supported the bill and the government's COVID-19 response, praising Queensland's vaccination rates and economic performance, and dismissing opposition arguments as rhetoric.
“I am absolutely delighted to be speaking to the Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022.”— 2022-03-31View Hansard
Supported the bill as essential to Queensland's pandemic response, comparing Queensland's approximately 700 COVID deaths to roughly 3,000 in South Carolina (a state of similar population size), and argued the public health measures saved lives.
“I rise to speak in support of the Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022. I do so because it worked and it is continuing to work.”— 2022-03-30View Hansard
Supported the bill, placing Queensland's pandemic response in historical context dating back to the first Central Board of Health in 1865, and comparing Queensland's lower death rates to other jurisdictions.
“Without the various public health and other legislation amendment bills, our state would have been powerless to stop COVID-19 running amok through our towns and suburbs.”— 2022-03-29View Hansard
As Leader of the Opposition, called for transparency amendments including shortening the extension to 31 May, releasing the Chief Health Officer's advice, and establishing a parliamentary oversight committee. Said the opposition could only support the bill with these amendments.
“We could only support this bill with these transparency amendments. This bill needs fair and reasonable checks and balances.”— 2022-03-31View Hansard
Acknowledged COVID's real impacts but argued that with vaccination rates above 90 per cent it is time to wind back restrictions, criticised inconsistent application of rules particularly affecting agricultural shows, and supported the LNP amendments for transparency and parliamentary oversight.
“The overwhelming view being relayed to me is that with the vaccination rate now above 90 per cent it is time to begin to wind back these regulations.”— 2022-03-30View Hansard
As a specialist physician, reaffirmed support for all COVID-19 health directives and mandates but argued strongly for greater transparency and oversight. Supported the LNP amendments for a shorter extension, public release of health advice, and a parliamentary oversight committee.
“There is no doubt that a significant failing of the Palaszczuk state Labor government throughout the COVID-19 health pandemic has been a complete lack of openness, transparency and accountability with respect to the extraordinary measures and powers that have been enacted.”— 2022-03-29View Hansard
Supported the bill and criticised the opposition for being unhelpful during the pandemic, arguing Queensland's success was due to the government's swift and flexible public health response.
“Throughout a disaster is the time to be united and it is a time that the opposition could have pulled up its socks and said, 'We're here to keep Queenslanders safe as well,' but instead it got in the way numerous times.”— 2022-03-31View Hansard
As a former health professional, cited the 180,000 health workers who died globally from COVID-19, argued the virus still mutates and the measures are evidence-based, and criticised both the LNP and Greens for their amendments.
“Name me one other profession or occupational group that has faced that level of death in a 2½ year period by showing up to do their job.”— 2022-03-30View Hansard
Supported the bill, sharing personal experiences of the pandemic's impact on families including border closures separating relatives, and praised the vaccination rollout and gradual easing of restrictions.
“We are on the right path and we have the Chief Health Officer and the Premier working on making those determinations.”— 2022-03-29View Hansard
Argued the bill gives the government unprecedented power with little oversight and no accountability. Called for transparency and the release of health advice. Explicitly stated she cannot support the bill without the LNP amendments.
“Without the amendments proposed by the LNP, without oversight, without checks or balances, without accountability, without the government response being proportionate to the risk, this bill does not serve the people it is meant to serve. I cannot support it.”— 2022-03-31View Hansard
Argued the legislation must be proportionate to the risk, noting Omicron's death rate is significantly lower than previous variants and that mandates are reducing capacity in frontline services, and supported the LNP's proposed three-month extension rather than six months.
“We in this place need to ensure that the harsh measures and the strong legislation we are putting over people that have adverse effects on them are proportionate with the risks we face.”— 2022-03-30View Hansard
Acknowledged the pandemic's impact but criticised the government's lack of transparency and oversight. Cited the Human Rights Commissioner's concerns and highlighted how restrictions unfairly affected show societies and small businesses. Supported the LNP amendments.
“We need to move past the free pass that this government keeps giving itself when it comes to rules and regulations about imposing restrictions on people without any explanation, without any oversight and without any review.”— 2022-03-29View Hansard
Spoke passionately in favour of the bill, citing family history with preventable diseases and arguing active government intervention is necessary to protect public health.
“I am firmly convinced that this bill and these measures are what we need to keep Queenslanders safe into the future.”— 2022-03-31View Hansard
Highlighted high vaccination rates in the Ipswich region and thanked frontline health workers, arguing that the public health response enabled Queensland's strong economic and health outcomes.
“It is because of these people and the people who have come out right across Queensland that we are able to enjoy the freedoms we in Queensland enjoy with our relatively open lifestyle.”— 2022-03-30View Hansard
As Minister for Agriculture, supported the bill and highlighted how the pandemic measures protected Queensland's agricultural supply chains, citing praise from AgForce, Growcom, and the Queensland Horticulture Council.
“We did not put these measures in place to earn praise. We did not do it for politics and we did not do it to control people's lives. We did it because it is the right thing to do.”— 2022-03-29View Hansard
Called for the extension to be shortened to 31 May and for the establishment of a parliamentary oversight committee. Tabled letters from local chambers of commerce calling for the removal of vaccine mandates. Explicitly stated he would vote against the bill if amendments were not supported.
“If the Palaszczuk Labor government does not support these amendments, I will not support this legislation.”— 2022-03-31View Hansard
Argued that controls must match the risk, criticised inconsistent COVID restrictions particularly affecting agricultural shows, and called for the release of health advice to give the community confidence that decisions are based on facts rather than fear.
“This COVID situation is an extreme risk and it requires good management, but the controls must match the risk. What we are seeing in Queensland is that the controls are not matching the risk.”— 2022-03-30View Hansard
Argued it was time to give businesses, sporting communities and individuals hope that the pandemic restrictions were ending. Supported the shadow minister's amendment for a shorter extension to 31 May to provide a pathway back to normality.
“We need to give the business community, sporting communities and individuals hope that this horrible pandemic and the rules and impediments imposed because of it are coming to an end, as they should.”— 2022-03-29View Hansard
Supported the bill, arguing for a cautious and prudent approach to protect the health system heading into winter, while condemning racist attacks by anti-vax protesters in his electorate.
“We need to stay the course. We need to carry on sensible and proportionate restrictions. We must take a cautious and prudent approach that continues to keep Queenslanders safe.”— 2022-03-31View Hansard
Argued it would be an affront to frontline workers to drop protections now, cited rising cases in Shanghai and Scotland as evidence the pandemic is not over, and noted Queensland's strong economic performance as proof the measures work.
“We collectively in this House owe it to all of those who have worked so hard, and to those who have suffered loss, not to drop the ball now.”— 2022-03-30View Hansard
Strongly supported the bill, defending the government's health response including border closures and lockdowns as necessary measures that protected regional businesses and saved lives.
“Queenslanders overwhelmingly backed the party that took the strong measures that are in this bill to keep us safe while those opposite proposed a couple of hundred bucks for car registration.”— 2022-03-29View Hansard
Supported the use of powers for border closures and acknowledged COVID as very real, but opposed vaccine mandates, arguing they are divisive and that vaccination status did not prevent transmission when he personally contracted COVID.
“I am vaccinated. I believe people should be vaccinated. However, I oppose the separation of people who exercise their lawful right to decline to be vaccinated.”— 2022-03-31View Hansard
Criticised the lack of government transparency and the rushed committee process, highlighted the disproportionate impact on border communities and agricultural shows, and supported the LNP amendments for a shorter extension to 31 May and a parliamentary oversight committee.
“Queenslanders have displayed an extraordinary level of trust in the government by giving up basic rights and freedom to control the spread of COVID-19. They have done their bit.”— 2022-03-30View Hansard
Acknowledged the pandemic required extraordinary powers but argued it was time for a clear plan forward. Supported the LNP amendments for a shorter extension, public release of health advice, and a parliamentary oversight committee, citing concerns about government trustworthiness.
“The Palaszczuk-Miles-Dick government asked the Queensland population to show goodwill. What we are now asking of this government is that it extend that goodwill back to the Queensland public.”— 2022-03-29View Hansard
Supported the bill as necessary to maintain safeguards against the unpredictable spread of COVID-19, noting the rapid increase from 2,356 cases to hundreds of thousands in just 14 weeks.
“Anyone with the idea that this pandemic has been beaten would do well to remember how rapidly this has spread as well as the potential and the significant impact on our health and hospital systems.”— 2022-03-31View Hansard
Supported the bill as necessary to protect Queenslanders, praised the Chief Health Officer's considered approach, thanked the Mackay vaccination hub team, and condemned anti-vaccination protesters who rampaged through a Mackay shopping centre.
“In Queensland it has not been about the survival of the fittest; it has been about protection for all.”— 2022-03-30View Hansard
Recognised the extraordinary nature of the powers and called for increased transparency, supporting the LNP's amendments for releasing health advice and establishing parliamentary oversight. Supported vaccination but called for the government to provide a road map out of the pandemic.
“It is the responsibility of government to provide a step-by-step road map grounded on expert advice that shows Queenslanders the path out of this pandemic.”— 2022-03-31View Hansard
Called it arrogant to repeatedly extend unprecedented powers with little transparency, criticised the impact on agricultural shows and the rushed committee process, and noted that over 4,000 submissions were overwhelmingly against the bill.
“Emergency powers should be used in only the most stringent circumstances and should be reviewed within the tightest time frames. They should not be used to bypass our parliamentary democracy and the oversight of the parliament.”— 2022-03-30View Hansard
Supported vaccination but criticised the lack of transparency around health advice and the shifting of goalposts on restrictions. Spoke about the devastating impact on small businesses and called for transparency amendments.
“Queenslanders were told that at 90 per cent there would be a review of restrictions and powers. This has not happened. The goalposts keep shifting.”— 2022-03-31View Hansard
Argued the legislation provides enabling powers for the Chief Health Officer to keep people safe, noted that unvaccinated people are 10 times more likely to be hospitalised and die, and defended the six-month extension as sensible to avoid immediately restarting the legislative process.
“All those who argue against it are arguing against the Chief Health Officer having an enabling power. They want to second-guess the Chief Health Officer. That is the only logical conclusion to draw about those who do not wish to vote for this legislation.”— 2022-03-30View Hansard
In her reply, defended the bill as essential for maintaining vaccination mandates in aged care and disability settings, and for enabling the Chief Health Officer to respond quickly to new variants. Opposed the LNP amendments, arguing shortening the extension to May would create uncertainty.
“This is the bill that allows the Chief Health Officer to require mandatory vaccinations in our hospitals, aged-care facilities and other high-risk settings.”— 2022-03-31View Hansard
Questioned when the emergency powers should end given the government promised review at 90 per cent vaccination, called for the health advice to be published so five million Queenslanders can assess it, and argued any ongoing necessary provisions should be incorporated into regular legislation.
“If something comes forward from the Chief Health Officer, then publish the advice so that five million people can trust the decision. If the government of the day chooses not to publish that advice, it is nothing more than propaganda for political purposes.”— 2022-03-30View Hansard
Defended the extension of powers as necessary given the pandemic is not yet over, praised Queenslanders for their response, and argued it was premature to diminish the powers based on notions of freedom.
“People think we are out of the woods. Look around; we are not out of the woods yet. It is premature to suggest that these powers should be diminished on some notion of freedom and people being able to do what they want.”— 2022-03-30View Hansard
▸In Detail31 Mar 2022View Hansard
Amendment to shorten the extension of COVID-19 emergency powers from 31 October 2022 to 31 May 2022, so the parliament could reassess the situation before granting any further extension.
That the amendment be agreed to
Vote on the LNP amendment moved by Ms Bates to shorten the extension of emergency powers from 31 October 2022 to 31 May 2022, so parliament could reassess the situation before granting any further extension. Defeated 32-54.
The motion was defeated.
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Ayes (32)
Noes (54)
▸1 procedural vote
Vote to grant leave
Vote on whether to grant Dr MacMahon (Greens) leave to move an amendment outside the long title of the bill. Leave was denied 6-81, with only Greens, KAP and Bolton (Ind) voting in favour while ALP, LNP and PHON voted against.
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 (6)
Noes (81)
Opposed the extension of emergency powers, citing concerns about lack of accountability and inadvertent consequences of CHO decisions such as the firearms issue. Tabled his own proposed amendment.
“We are talking about the extension of powers and the KAP is firmly opposed to the extension of those powers.”— 2022-03-31View Hansard
Moved the LNP amendment to shorten the emergency powers extension from 31 October to 31 May 2022, arguing the parliament should be able to reassess the situation after two months rather than granting a blanket six-month extension.
“Let the parliament do its job. Let us all in this place assess the situation. Let us not throw a blanket over the next six months.”— 2022-03-31View Hansard
▸Third Reading31 Mar 2022View Hansard
That the bill be now read a third time
Final passage vote for the Public Health emergency powers extension bill. The LNP switched from supporting the second reading to opposing the third reading after their transparency amendments were defeated in Consideration in Detail. Passed 48-36 with only ALP in favour.
The motion passed.
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Ayes (48)
Noes (36)
Assent date: 31 October 2022
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