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Contents
1. Public and Environmental Health Act 2011 (NT)
1.1 Background
1.2 Quarantine under the Public and Environmental Health Act 2011 (NT)
1.3 Coughing and Spitting under the Public and Environmental Health Act 2011 (NT)
1.4 Directions under the Public and Environmental Health Act 2011 (NT)
1. Public and Environmental Health Act 2011 (NT)
1.1 Background
Following a declaration of an emergency due to COVID-19, the Chief Health Officer has the power to make directions under section 52 of the Public and Environmental Health Act 2011 (NT) that the Chief Health Officer considers necessary, appropriate or desirable to alleviate the public health emergency stated in the emergency declaration. The Chief Health Officer can also delegate authority to authorised officers under the Act.
Previously, a public health emergency declaration could only be in force for 5 days and extended for another one or more further periods of 5 days. However both of these possible durations have been amended by the Emergency Legislation Amendment Act 2020 to 90 days.
The Chief Health Officer has the power to take actions including:
- reducing, removing or destroying the public health risk causing or threatening to cause the emergency;
- issuing warnings in relation to the emergency;
- segregating or isolating persons in an area or at a particular place;
- evacuating persons from an area or a particular place;
- preventing persons from accessing or entering into an area or a particular place; and
- controlling the movement of vehicles within an area.
The directions the Chief Health Officer may give include directing:
- a person to undergo a medical examination of a general nature or a stated kind, immediately or within the period stated;
- a stated person to remain in, or move to or from, a stated area or place immediately or within a stated period;
- a stated thing to be seized or destroyed; or
- a stated person to provide oral or written information relating to the emergency.
1.2 Quarantine under Public and Environmental Health Act 2011 (NT)
Under section 52(1) of the Public and Environmental Health Act 2011 (NT), people can be required to quarantine after entering the Northern Territory. The insertion of section 52A means that people can be charged a fee for quarantine, which is recoverable as a debt due to the Northern Territory. Regulation 4A of the Public and Environmental Health Regulations 2014 (NT) states that the maximum fee that can be charged is $10,000.
Section 10 of the Public and Environmental Health Regulations 2014 (NT) inserts ‘authorised officer’ as a person who may reasonably believe a person has committed an infringement notice offence, and give an infringement notice.
1.3 Coughing and Spitting under the Public and Environmental Health Act 2011 (NT)
The insertion of section 113A into the Public and Environmental Health Act 2011 (NT) creates an offence for a person intentionally coughing, spitting or expectorating on or at another person.
Strict liability applies when the person is a police officer, emergency worker (and workers of the like), and absolute liability to the fear of a reasonable person.
This is an infringement notice offence, and an authorised officer can give an infringement notice to a person who they reasonably believe the person has committed the offence.
1.3.1 Exceptions
No exceptions are applicable.
1.3.2 Penalties
The maximum penalty for this offence is 100 penalty units ($15,700).
1.4 Directions under the Public and Environmental Health Act 2011 (NT)
At present, the following directions are in force:
Directions No. 5 2020 - Directions for Assistance of Police Officers: which requires police officers who are authorised officers under section 76(1)(f) of the Public and Environmental Health Act 2011 (NT) to assist the Chief Health Officer in exercising their powers.
Directions No. 7 - Directions for Infected Persons: which requires a person who is notified by an authorised officer or health practitioner that they are infected with COVID-19 to travel directly to medical treatment or remain isolated until notified by the Chief Health Officer (or delegate) that they no longer need to isolate.
Directions No. 21 - Directions for Potentially Infected Persons: As of 16 April 2020, and in force for remainder of public health emergency declaration, and any extensions. This direction requires a person who a medical officer notifies to directly go to a specified place and to remain isolated there until told in writing by them or the CHO or delegate. The person must not leave except for an emergency or for obtaining medical care. This can be directed if the medical officer suspects on reasonable grounds that the person is infected by COVID-19 or if they know the person has been in close contact with a person whom the officer knows or suspects on reasonable grounds is infected, and they consider it necessary for a test to be done. If the person is informed that they have COVID-19, this direction does not apply to them and Direction 7 does instead.
Directions No. 40 - Directions for Aged Care Facilities: These directions replace the COVID-19 Directions (No. 24) 2020 Directions for Aged Care Facilities made on 23 April 2020. These directions ease restrictions to allow persons under 16 years of age to visit an aged care facility and to remove previous limit of 2 hours for 'care and support' visits.These directions also allow persons that do not have an up-to-date vaccination against influenza to enter an aged care facility if it is to deliver an item or to provide an emergency service that is necessary for the effective operation of the facility.
Directions No. 49 2020 as amended by COVID-19 Directions No. 50, No. 53 and No. 54 Directions for Territory border restrictions: As of 17 April 2020, and in force for remainder of public health emergency declaration, and any extensions.
- Every person entering the Territory must in written or electronic form approved by CHO, declare details of places where person has been during 28 days prior to their arrival at the Territory, whether in the 14 days prior to entering the Territory was at a COVID-19 hotspot, their contact information, and details of where the person intends to stay.
- The form must be submitted to a police officer at place of entry or to another person in another manner approved by CHO.
- Every person must submit to a screening procedure for COVID-19 conducted by a police officer or person approved by CHO.
- Any person entering the Territory must quarantine for 14 days if they are:
- entering from overseas (except for New Zealand), or
- entering from New Zealand or another Australian State or Territory, and was outside Australia in the 14 days prior to entering the Territory, or was in a COVID-19 hotspot.
- Any person quarantined must not leave except for obtaining medical care, testing for COVID-19, in an emergency, or for compassionate purposes with an exemption given by the CHO, and must not permit any other person from entering unless for medical or emergency purposes.
- Social distancing measures means taking all reasonable steps to sleep in a room separate from anyone else, staying at least 1.5m away from any other person, contacting the COVID-19 Hotline or a medical practitioner if they have any symptoms, and complying with any directions given by the COVID-19 Hotline or a medical practitioner.
Exemptions:
Certain classes of people are exempt (e.g. those entering the Territory to provide essential services and flight crew in some circumstances).
Directions No. 55 - Directions for Quarantine Facilities: These directions apply to persons in quarantine facilities and those being transported to or from quarantine facilities. The directions require all persons to wear face masks during transit to or from a quarantine facility. All persons at quarantining facilities must stay in their allocated room unless there is a permitted exception, and must take all reasonable measures to stay at least 1.5m away from any other person in the facility except for their immediate family members. An authorised person may permit a person to leave their allocated room for no longer than two periods each of 20 minutes in each 24 hour period.
Directions No. 56 - Safety Measures for Places, Businesses, Activities, Services and Premises: As of 30 November 2020, this direction revokes Direction 36 and relaxes requirements surrounding the conduct of business, activities, services or premises including cinemas, businesses which sell food or beverages, hotels, nightclubs, amusement parks and beauty salons. This direction implements safety measures to all opened places, business, activities, services or premises. It requires each premise to prepare a COVID-19 safety plan and submit this to the Agency, to implement that safety plan on the premises, and collect contact information from the public if they enter the premises for longer than 15 minutes. The Directions also require each premises to display signage which informs visitors/customers of social distancing principles and to provide hand sanitiser.
Directions No. 57 - Directions for Major Public Events: As of 30 November 2020, these directions require organisers of any event or public gathering that is expected to have more than 500 people to complete and submit to the Agency a COVID-19 event safety plan, in a form approved by the CHO, before holding the event. The event cannot take place unless the event safety plan is approved, and the organiser must ensure that the event complies with the conditions of the approved COVID-19 safety plan.
1.4.1 Penalties
Under section 56 of the Public and Environmental Health Act 2011 (NT) it is an offence for a person to engage in conduct that contravenes the emergency declaration or any direction from the Chief Health Officer.
The person is at fault if they intentionally engage in the conduct and are reckless as to whether the conduct would result in a contravention of the declaration or direction, without reasonable excuse. The maximum penalty is 400 penalty units ($62,800).
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