Corrective Services Facility Personal Visitor Entry Direction

Understanding this Direction

Information to help you understand what this Direction means for personal visitors entering corrective services facilities or detention centres.

Summary

Effective from: 1am AEST 14 April 2022

Posted: 14 April 2022

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Public Health Act 2005 (Qld)

Section 362B

On 29 January 2020, under the Public Health Act 2005, the Minister for Health and Minister for Ambulance Services made an order declaring a public health emergency in relation to coronavirus disease (COVID-19). The public health emergency area specified in the order is for ‘all of Queensland’. Its duration has been extended by regulation to 24 June 2022 and may be further extended.

Further to this declaration, l, Dr John Gerrard, Chief Health Officer, reasonably believe it is necessary to give the following directions pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Preamble

1. This Public Health Direction is to be read in conjunction with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.

Citation

2. This Public Health Direction may be referred to as the Corrective Services Facility Personal Visitor Entry Direction.

Commencement

3. This Direction applies from time of publication until the end of the declared public health emergency, unless it is revoked or replaced.

Application

4. This Direction applies to a personal visitor to a corrective services facility or detention centre. The Direction does not apply to other persons who may enter the corrective services facility or detention centre, including as an employee or person engaged by the corrective services facility or detention centre for paid or unpaid work, or to emergency services staff in the performance of official duties or to respond to an emergency or an emergent need.

PART 1 - RESTRICTIONS ON PERSONAL VISITOR ENTRY

Personal Visitor Entry Requirements

5. A personal visitor may only enter and remain at a corrective services facility or detention centre if they:

   1. are fully vaccinated; and

   2. provide proof of COVID-19 vaccination prior to entering the corrective services facility or detention centre; and

   3. are not subject to a current restriction on entry under the Quarantine for International Arrivals Direction (No. 22) or its successors; and

   4. are not are not subject to a current restriction on entry under Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No. 6) or its successors.

Restrictions on entry for unvaccinated personal visitors

6. A person who is unvaccinated, must not enter or remain at, a corrective services facility or detention centre as a personal visitor unless the person is:

   1. under 16 years of age; or

   2. unable to receive a COVID-19 vaccination because of a medical contraindication and has evidence of a medical contraindication; or

   3. is a COVID-19 vaccine trial participant, and receipt of a Therapeutic Goods Administration approved COVID-19 vaccine would impact the validity of the trial. As this exemption is temporary, the medical certificate must not have expired; or

      Note: An unvaccinated personal visitor who is permitted to enter the corrective services facility or detention centre must follow the risk mitigation measures put in place by the corrective services facility or detention centre. For example, this may require wearing a single use-surgical face mask or safely physically distancing from others.

   4. is required to accompany a minor or other person as a parent, guardian, carer or support person to a corrective services facility or detention centre.

      Example: a child visiting a parent in prison may be accompanied by an unvaccinated parent or carer, but the unvaccinated parent must wear a face mask at all times during the visit.

Obligation on operators

7. The operator of a corrective services facility or detention centre in the State of Queensland must make reasonable efforts to ensure that a personal visitor does not enter or remain within a corrective services facility or detention centre if the person is prohibited from doing so under this Direction.

PART 2 - PROOF OF COVID-19 VACCINATION

Requirements for personal visitors

8. If a personal visitor is unable to provide proof of COVID-19 vaccination because of age, disability or an inability to speak or comprehend the language or technology used when requesting the proof or evidence, another person may provide proof of COVID-19 vaccination on the person’s behalf.

9. A personal visitor must immediately leave the corrective services facility or detention centre if:

   1. the person does not provide proof of COVID-19 vaccination; or

   2. the person does not comply with the entry requirements for an unvaccinated personal visitor under paragraph 7.

Proof of COVID-19 vaccination

10. Proof of COVID-19 vaccination includes:

    1. written confirmation of COVID-19 vaccination provided to the person as part of the vaccination process, such as a record of vaccine card; or

    2. vaccination information displayed on the Check in Qld app; or

    3. a COVID-19 digital certificate or printed vaccination certificate from the Australian Immunisation Register; or

    4. an online or printed immunisation history statement for COVID-19 vaccination, including confirmation of a medical contraindication; or

       Note: A person’s immunisation history statement can be obtained from the Australian Government using myGov, the Medicare mobile app or by calling the Australian Immunisation Register and requesting a statement to be posted.

       Note: If a person is unable to receive a COVID-19 vaccination because of a recognised medical contraindication, they must provide evidence of a medical contraindication. Upon provision of evidence of a recognised medical contraindication, a person will be treated as if they are fully vaccinated.

    5. evidence of being a COVID-19 vaccine trial participant;

    6. an International COVID-19 Vaccination Certificate:

       1. in a printed or electronic form from the Department of Home Affairs that confirms completion of an Digital Passenger Declaration and vaccination against COVID-19 overseas; or

       2. through Medicare online account through myGov or the Express Plus Medicare mobile app; or

       3. an official record of vaccination provided to the person when vaccinated against COVID-19 overseas.

Requirements for operators in relation to personal visitors

11. The operator of a corrective services facility or detention centre must make reasonable efforts to confirm that the personal visitor entering and remaining on their premises is fully vaccinated by requesting and sighting proof of COVID-19 vaccination.

    Example: Reasonable efforts may include displaying entry and vaccination requirements requiring persons over 16 years of age to provide proof of COVID-19 vaccination.

12. The operator of a corrective services facility or detention centre is not required to request a proof of COVID-19 vaccination from a personal visitor under paragraph 12 if:

    1. the personal visitor is or appears to be younger than 16 years old; or

       Note: Whilst a person who is 16 years or younger is eligible to be fully vaccinated, proof of COVID-19 vaccination is only required for a personal visitor who is 16 years or older.

    2. the person enters in an emergency; or

    3. it is not reasonable to collect proof of COVID-19 vaccination due to a risk to the safety of staff and other personal visitors.

PART 3 - COLLECTION OF CONTACT INFORMATION

13. The operator of a corrective services facility or detention centre must, at the time of entry, collect and keep contact information of a personal visitor using the Check in Qld App, Business Profile Mode or another method.

    Example of another method – another electronic method such as a spreadsheet or another method such as a paper-based form used by corrective services facilities or detention centres.

14. The operator collecting contact information using another method must:

    1. use best endeavours to transfer any non-electronic information to an electronic system within 24 hours of collecting the information; and

       Example – contact information may be collected each day on a handwritten sheet of paper and then entered into an electronic spreadsheet

    2. comply with the requirements for collection and storage; and

    3. if requested, provide the information collected under paragraph 13 and the electronic information under paragraph 14(a) to a public health officer.

PART 4 - EXEMPTION

15. The Queensland Chief Health Officer, Deputy Chief Health Officer or their delegate may grant an exemption, with or without conditions, in writing to a personal visitor to whom paragraph 5 applies:

    1. for an end of life visit; or

    2. in other exceptional circumstances;

    from all or part of this direction to an individual or class of individuals.

16. A personal visitor who enters a corrective services facility or detention centre under an exemption granted under paragraph 15 must comply with all conditions imposed by the Chief Health Officer, Deputy Chief Health Officer or delegate under the exemption.

17. If a personal visitor enters a corrective services facility or detention centre under paragraph 16, the operator of the corrective services facility or detention centre must take reasonable steps to manage the person’s visit in accordance with the conditions imposed by the Chief Health Officer, Deputy Chief Health Officer or delegate under the exemption.

    Example: The operator of a corrective services facility or detention centre may need to ensure the prisoner or detainee being visited is in a single room, the personal visitor wears appropriate personal protective equipment, is escorted to and from the room, and avoids common areas and contact with other personal visitors and staff

PART 5 - OTHER MATTERS

18. Definitions used in this Direction are in Schedule 1.

PART 6 - PENALTIES

A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.

Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
Maximum penalty—100 penalty units or 6 months imprisonment.

Dr John Gerrard
Chief Health Officer

13 April 2022

Published on the Queensland Health website at 1am AEST 14 April 2022.

SCHEDULE 1 – DEFINITIONS

For the purposes of this Direction:

Business Profile mode means the ability for businesses to electronically register by entering customer contact details via ‘Check In Qld Business Profile mode’ listed in the profile section of the app.

Check In Qld app means the app developed by the Queensland Government for contact tracing purposes which, when used by a person, provides the Queensland Government with the person’s contact information and details of the person’s attendance at a corrective services facility or detention centre.

Note – Each person should check in individually using the Check In Qld app or have a person in their group or the corrective services facility or detention centre check in on their behalf.

Close contact has the same meaning as in the Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No.6) or its successor.

Contact information means the information collected by the Check in Qld app or, if another collection method is permitted under this Direction, the name, phone number, email address, and the date and time of attendance of personal visitors.

Corrective Services Facility has the same meaning as in the Corrective Services Act 2006.

COVID-19 PCR test means for a person who is:

1. 12 months of age or over, an oropharyngeal and deep nasal swab of a person who is 12 months of age or over, for a polymerase chain reaction (PCR) test approved for use in Australia by the Therapeutic Goods Administration to detect whether a person has the COVID-19 virus.

2. under 12 months of age, a saliva swab for a polymerase chain reaction (PCR) test approved for use in Australia by the Therapeutic Goods Administration to detect whether a person has the COVID-19 virus.

Note: A COVID-19 PCR test does not include a self-test.

COVID-19 Rapid Antigen Test (RAT) means a test to detect the presence of viral protein from SARS-CoV-2, not based on nucleic acid detection methods such as polymerase chain reaction and approved for use in Australia by the Therapeutic Goods Administration (TGA).

COVID-19 test means a COVID-19 PCR test or a COVID-19 Rapid Antigen Test approved for use in Australia by the Therapeutic Goods Administration.

COVID-19 vaccination or COVID-19 vaccine means a COVID-19 vaccine approved or recognised for use in Australia by the Therapeutic Goods Administration.

COVID-19 vaccine trial means a medical trial for a COVID-19 vaccine under either the Clinical Trial Notification or Clinical Trial Approval schemes regulated by the Therapeutic Goods Administration.

COVID-19 vaccine trial participant means a person who:

1. is an active participant in a COVID-19 vaccine trial; and

2. provides a medical certificate or letter from a medical practitioner, registered under the Health Practitioner Regulation National Law (Queensland) associated with the COVID-19 vaccine trial confirming that:

   1. the person is participating in a Phase 3 or 4 COVID-19 vaccine trial; and

   2. the person has received at least one active dose of the COVID-19 vaccine being trialled.

Detention centre mean youth detention centres listed in Schedule 1 of the Youth Justice Regulation 2016:

1. Brisbane Youth Detention Centre;

2. Cleveland Youth Detention Centre;

3. West Moreton Youth Detention Centre.

Diagnosed person has the same meaning as in the Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No.6) or its successor.

Eligible health professionals means any of the following:

• fellows of the Royal Australian College of General Practitioners (as defined by the Health Insurance Act 1973 Cth); or

• fellows of the Australian College of Rural and Remote Medicine (as defined by the Health Insurance Act 1973 Cth); or

• on Medicare’s Vocation Register of General Practitioners (as defined by the Health Insurance Act 1973 Cth); or

• practice registrar on an approved 3GA training placement; or

• paediatrician; or

• public health physician; or

• infectious diseases physician; or

• clinical immunologist.

Emergency services means staff who respond to and deal with emergencies when they occur, such as ambulance service, police and the fire brigade, who may be required to enter a corrective services facility or detention centre in the performance of their official duties.

Face mask means a flat surgical mask, P2/N95 mask or a cloth face mask with three layers that covers the nose and mouth (but does not include a face shield).

Note – a scarf or bandana is not a face mask.

Fully vaccinated means a person has received the primary doses of a COVID-19 vaccine at the correct dose intervals recommended for the person by the Australian Technical Advisory Group on Immunisation (ATAGI), according to the person’s age and other factors, and it has been 7 days since the final dose.

Immunisation history statement means a statement that displays all the immunisations a person has had that are on the Australian Immunisation Register.

Note: further information can be found on https://www.servicesaustralia.gov.au/individuals/services/medicare/australian-immunisation-register

International arrival has the same meaning as under the Quarantine for International Arrivals (No.22) or its successor.

Isolate or isolating or isolation has the same meaning as under the Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No. 6) or its successor.

Medical contraindication means a person has a current:

1. COVID-19 vaccine medical exemption recorded on the Australian Immunisation Register; or

2. Australian Immunisation Register (AIR) immunisation medical exemptions form completed and signed by an eligible health professional for the COVID-19 vaccine.

Notes: some medical contraindications are temporary and therefore the record or completed form may only be valid for a period of time.

A current completed and signed AIR immunisation medical exemption form is valid in printed or digital form.

Minor means a person under the age of 18 years.

Nominated representative of an operator of a corrective services facility or detention centre is the person identified by the operator as their delegate for the purposes of this Direction.

Operator means the chief executive or corrective services officer responsible for the operation of the corrective services facility or detention centre.

Personal visitor means a person who is entering the corrective services facility or detention centre for the purpose of visiting a prisoner or detainee, but does not include:

1. an employee of the corrective services facility or detention centre, or a person engaged by the corrective services facility or detention centre whether paid or not;

2. a person who is a ‘worker in healthcare’ under the Workers in a healthcare setting (COVID-19 Vaccination Requirements) Direction (No. 4) or its successor;

3. a person engaged by the corrective services facility or detention centre to provide goods or services that are necessary for the effective operation of the corrective services facility or detention centre, whether the goods are provided for consideration or on a voluntary basis;

4. a person engaged by the corrective services facility or detention centre to provide health, medical, pathology or pharmaceutical services to a prisoner or detainee at the corrective services facility or detention centre, whether the goods or services are provided for consideration or on a voluntary basis;

5. emergency services staff;

6. a person undertaking a legislated, regulatory, or compliance function;

7. union official undertaking official duties in response to an emergent need;

8. a person, permitted by the operator of the corrective services facility or detention centre, to maintain continuity of care for a prisoner or detainee that cannot be delivered by electronic or non-contact means.

Post-isolation period means the period following end of isolation within which a diagnosed person is not permitted to enter a corrective services facility or detention centre, as specified in the Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No. 6) or its successor.

Post-quarantine period means the period following end of quarantine within which a close contact is not permitted to enter or remain at a hospital, as specified in the Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No. 6) or its successor.

Proof of COVID-19 vaccination means evidence that a person is fully vaccinated against COVID-19, evidence of a medical contraindication or evidence that a person is a COVID-19 vaccine trial participant, as set out in paragraph 11.

Note: a person who provides evidence of a medical contraindication or is a COVID-19 vaccine trial participant is treated as if they are fully vaccinated.

Public health officer includes an emergency officer (general), a contact tracing officer or an authorised person under section 377 of the Public Health Act 2005.

Quarantine has the same meaning as under the Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No.6) or its successor.

Requirements for collection and storage means:

1. securely storing contact information and not using it for any other purpose, other than for contact tracing; and

2. deleting the information after not less than 30 days and not more than 56 days.

Support person means a spouse, family member, friend or carer that is providing support to the prisoner or detainee.

Surveillance testing obligation means a requirement under a Public Health Direction or Protocol approved by the Chief Health Officer for a person to be routinely tested for COVID-19, who does not have symptoms consistent with COVID-19 and is not required to self-isolate while awaiting a test result unless there is another lawful reason for them to isolate.

Symptoms consistent with COVID-19 means fever or history of fever, symptoms of acute respiratory infection (cough, shortness of breath, sore throat), headache, loss of smell, loss of taste, runny nose, diarrhoea, nausea, vomiting or fatigue.

Unvaccinated means the person has not received the prescribed number of doses of a COVID-19 vaccine.