20. Quarantine

A.  Overview

As foreshadowed in Chapter 2, the COVID-19 pandemic has seen a significant rise in measures relating to the quarantine of individuals across the country. These measures have, for the most part, been in the form of public health directions issued by the relevant State or Territory officer.

B.  Legislation

Victoria:
Made under the Public Health and Wellbeing Act 2008 (Vic): ​
Made under the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic):
  • COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020: to modify the application of various provisions of the following Acts to further provide for service, attendance by audio visual link and related matters - (a) the Freedom of Information Act 1982; and (b) the Independent Broad-based Anti-corruption Commission Act 2011; and (c) the Local Government Act 1989; and (d) the Oaths and Affirmations Act 2018; and (e) the Ombudsman Act 1973; and (f) the Privacy and Data Protection Act 2014; and (g) the Telecommunications (Interception) (State Provisions) Act 1988; and (h) the Victorian Inspectorate Act 2011.
 ​
New South Wales:
Made under the Public Health Act 2010 (NSW):
  • Public Health (COVID-19 Maritime Quarantine) Order 2020.
  • Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 3) 2020:  to revoke and remake the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 2) 2020 to ease certain restrictions. Directs employers to allow employees to work from home if this is reasonably practical. People can participate in gatherings in a public place of not more than 20 people. There is a 20 person limit on visitors to a home. Up to 20 guests are permitted for weddings and 50 people are permitted for a religious service.
    • Any request for exemption to the order must be carefully considered on a case-by-case basis.
    • An exemption is in place under the Order for operators of (non-commercial) recreational vessels, where all persons on the vessel are members of the same household and/or any non-family members maintain a physical distance of 1.5 metres.
    • An exemption is in place under the Order for ski resorts, which may operate for winter recreational activities including skiing and snowboarding under specific conditions as outlined in the exemption.
    • An exemption is in place under the Order for motorsport parks, which may operate for motorsport events under specific conditions as outlined in the exemption.
    • An exemption is in place under the Order for sports stadiums where a COVID-19 safety plan addressing the requirements of the COVID-19 Safety Checklist for pubs, clubs and bars is in place, and all other conditions outlined in the exemption are met.
    • An exemption​ is in place under the Order for funeral or memorial services where a COVID-19 safety plan addressing the requirements of the COVID-19 Safety Checklist for funerals, memorial services and wakes​ is in place, and all other conditions outlined in the exemption are met.
    • An exemption is in place under the Order to allow the occupier of a racecourse to permit more than 20 persons on the premises provided that the persons are owners of a horse or greyhound and they are there to watch their horse or greyhound to compete in a racing event. Other conditions apply, including that the occupier must develop and comply with a COVID-19 safety plan and physical distancing measures apply
  • Public Health (COVID-19 Air Transportation Quarantine) Order (No 2)​ 2020:​ directs that a person who arrives in NSW by aircraft and has been in a country other than Australia within 14 days before that arrival must undertake mandatory quarantine for a period of 14 days. Special conditions also now apply for the flight crew, including that they comply with guidelines regarding self-isolation​.
    • On 29 March 2020, an exemption was granted for unaccompanied children. 
  • Public Health (COVID-19 Maritime Quarantine) Order (No 2) 2020: ​directs that a person who arrives in NSW on a vessel that has come from a port outside of NSW must not disembark from the vessel unless authorised, and once authorised to disembark must do go directly to a quarantine facility, hospital or other medical facility for 14 days.
    • ​On 8 April 2020, an exemption was granted to allow crew members to disembark the vessel to undertake essential tasks, and authorises people performing additional functions to board a vessel.
  • Public Health (COVID-19 Self-Isolation) Order (No 2) 2020: directs that a person diagnosed with COVID-19 must self-isolate in their residence or other suitable location until medically cleared and comply with the self isolation guidelines.
  • Public Health (COVID-19 Lord Howe Island) Order (No 2) 2020:  to deal with the public health risk of COVID-19 and its possible consequences on Lord Howe lsland by giving a Ministerial direction that restricts access to and from the Island.

Queensland:
COVID-19 Emergency Response Act 2020 (Qld):
  • Part 3: Reducing physical contact between persons.
 
Made under the Public Health Act 2005 (Qld): ​
Tasmania:
COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):
  • PART 4 – Reduction of Public Physical Contact.
 
Made under Public Health Act 1997 (Tas):  
Made under Emergency Management Act 2006 (Tas):
South Australia:
Made under Emergency Management Act 2004 (SA):  
South Australian Public Health Act 2011 (SA) amended by the South Australian Public Health (Controlled Notifiable Conditions) Amendment Act 2020 (SA).

Western Australia:
Emergency Management Act 2005 (WA) amended by the Emergency Management Amendment (COVID-19 Response) Act 2020 (WA).
 
Made under the Emergency Management Act 2005 (WA):  
Australian Capital Territory:
Made under the Public Health Act 1997 (ACT):
Northern Territory:
Made under Public and Environmental Health Act 2011 (NT):
Made under the Notifiable Diseases Act 1981 (NT):
C.  Case law

This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.