Public Health and Other Legislation (Public Health Emergency) Amendment Bill 2020
Plain English Summary
Overview
This bill gave Queensland authorities the legal powers needed to respond to the COVID-19 pandemic, including lockdowns, quarantine orders, business closures, and restrictions on gatherings. It also amended electoral and planning laws to provide flexibility during the public health emergency, with most emergency powers set to expire one year after commencement.
Who it affects
All Queenslanders were subject to public health directions under this bill. Business owners, voters, aged care residents, and people required to quarantine or isolate were most directly affected.
COVID-19 public health powers
Gave the Chief Health Officer and emergency officers new powers to issue public health directions restricting movement, imposing quarantine and isolation, closing businesses, and limiting gatherings. Emergency detention orders were extended from 96 hours to 14 days.
- Chief Health Officer could issue binding public health directions restricting movement, gatherings, and requiring people to stay at home
- Emergency officers could order individuals to isolate or quarantine for up to 14 days
- On-the-spot fines of $1,334.50 for individuals and $6,672.50 for corporations for breaching public health directions
- Compensation for losses caused by emergency powers was removed, backdated to 16 March 2020
Election flexibility
Allowed the 2020 local government elections to be suspended, postponed, or terminated, and introduced flexible voting methods including expanded postal and electronic voting. Similar provisions applied to State by-elections.
- The 2020 local government election could be suspended or terminated by the Minister
- Expanded postal voting and electronic voting options for vulnerable electors
- How-to-vote card distribution at polling booths could be restricted for safety
- State by-elections could be postponed beyond existing time limits
Planning and business flexibility
Created a new 'applicable event' framework in planning law allowing temporary changes to business operations during emergencies, including removing restrictions on operating hours and goods deliveries.
- New temporary use licences allowed businesses to change their operations during an emergency
- Operating hour and delivery restrictions could be removed for declared uses
- Statutory planning timeframes could be suspended or extended during an emergency
Executive Council and local government
Amended the Constitution to allow Executive Council meetings via teleconference or videoconference, and extended the administration of dissolved Ipswich and Logan City Councils.
- Executive Council could meet by teleconference or videoconference
- Ipswich City Council dissolution extended from June 2020 to 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”.
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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.
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Ayes (33)
Noes (41)
Referenced Entities
Legislation
Organisations
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards