Public Health Direction: limiting mass gatherings

PUBLIC HEALTH DIRECTION - MASS GATHERINGS

Public Health Act 1997
DIRECTION UNDER SECTION 16

I, MARK VEITCH, the Director of Public Health, in pursuance of section 16 of the Public Health Act 1997 ("the Act"), in order to manage the threat to public health posed by the notifiable disease known as COVID-19 ("the disease"), direct that -

(a) each person who owns, controls or operates a premises specified in Schedule 1 in Tasmania must not open or operate the premises, including each outdoor space associated with the premises, commencing from 31 March 2020; and

(b) each person who provides a service specified in Schedule 2 in Tasmania must not provide the service commencing from 31 March 2020; and

(c) subject to paragraphs (a), (b) and (f), each person who owns, controls or operates premises in Tasmania must not allow the following gatherings to occur on the premises commencing from 31 March 2020:
(i) a gathering of three (3) or more persons in a single outdoor space at the same time;
(ii) a gathering of three (3) or more persons in a single indoor space at the same time; and

(d) subject to paragraph (f), a person must not -
(i) organise a gathering, specified in paragraph (c), on premises in Tasmania; or
(ii) attend a gathering, specified in paragraph (c), on premises in Tasmania; and

(e) paragraph (d) applies to all gatherings not specified in paragraph (f), whether the gathering -
(i) occurs with formal or informal arrangements; or
(ii) occurs on public or private premises; and

(f) a reference to a gathering in paragraph (c), (d) or (e) does not include the following gatherings:
(i) at an airport that is necessary for the normal business of the airport;
(ii) for the purposes of, or related to, public transportation, including in vehicles or at public transportation facilities such as stations, platforms and stops;
(iii) in a private vehicle;
(iv) in a large passenger vehicle operated as a passenger service within the meaning of the Passenger Transport Services Act 2011;
(v) on a ferry service or vessel service, operated between Australia, Tasmania or one or more islands, and each of the following is complied with in respect of each ferry or vessel operated by the service:(A) the ferry or vessel, and each premises on the ferry or vessel, complies with paragraphs (a) and (b);
(B) each person on the ferry or vessel complies with paragraph (g) while the person is on the ferry or vessel;
(C) each person on the ferry or vessel complies with paragraph (h) other than in accommodation in a fully enclosed space, such as a cabin, where the person has paid to sleep while on the ferry or vessel;(vi) at a medical or health service facility, including such part: of the facility used to provide physical rehabilitation services, that is necessary for the normal business of the facility;
(vii) for the purposes of emergency services;
(viii) at a disability or aged care facility that is necessary for the normal business of the facility;
(ix) at a prison, correctional facility, youth justice centre or other place of custody;
(x) at a court or tribunal;
(xi) at Parliament for the purpose of its normal operations;
(xii) at a supermarket, grocery store, retail store or shopping centre for the purpose of the normal business of those premises;
(xiii) at an office building, factory, mining site or construction site that is necessary for the normal operation of those premises;
(xiv) at a school, university, educational institution or childcare facility that -
(A) is necessary for the normal business of the facility; and
(B) in relation to a school, university or educational institution, does not involve members of the community other than the staff and students of the school, university or educational institution;
(xv) at an outdoor place where three (3) or more persons may be present for the purposes of transiting through the place;
(xvi) at a veterinary establishment, within the meaning of the Veterinary Surgeons Act 1987, if -
(A) the gathering is necessary for the normal business at the establishment; and
(B) each person on the establishment complies with paragraphs (g) and (h);
(xvii) at a premises operated for commercial or other purposes, other than premises specified in Schedule 1 or residential premises, if -
(A) the gathering is necessary for the normal business at the premises; and
(B) each person on the premises complies with paragraphs (g) and (h);
(xviii) at a premises where services are provided, other than the services specified in Schedule 2, if -(A) the gathering is necessary for the normal provision ofthose services; and(B) each person on the premises complies with paragraphs (g) and (h) while on the premises;
(xix) a gathering specified as exempt from these directions by the Director of Public Health, or the Deputy Director of Public Health,in writing;
(xx) a gathering delivered by an operator who has a social distancing policy approved by the Director of Public Health, or the Deputy Director of Public Health, in writing; and

(g) where safe and practicable, each person must maintain a distance of no less than 1.5 metres between the person and any other person; and

(h) in any gathering, the total number of persons present in any single undivided space, at the same time, must not exceed the number calculated by dividing the total area of the space used, as measured in square metres, by 4; and

(i) in this direction -
(i) gathering does not include -
(A) a gathering of persons if each member of that gathering ordinarily resides at the same private premises; or
(B) a gathering of persons for the purposes of facilitating shared custody arrangements, guardianship or other care arrangements; or
(C) persons at the premises for the purpose of maintaining, renovating or repairing the premises, or maintaining, renovating, installing, removing or repairing an item located at the premises; or
(D) persons at the premises for the purpose of delivering an item to, or removing an item from, the premises; or
(E) persons at the premises for the purpose of delivering medical, health, emergency or urgent legal services, or end of life support, to a person at the premises; and
(ii) indoor space means an area, room or premises that is, or are, substantially enclosed by a roof and walls, regardless of whether the roof or walls, or any part of the roof or walls, are permanent or temporary, or open or closed; and
(iii) outdoor space means a space that is not an indoor space; and
(iv) premises has the same meaning as in the Act; and

(j) if there is a dispute as to whether a service is essential for the purposes of this direction, the Director of Public Health may determine that dispute as the Director considers appropriate; and
(k) on 31 March 2020, the direction given by the Director of Public Health, given under section 16 of the Act on 27 March 2020 in respect of gatherings and premises, is revoked.

Dated: 30 March 2020
Signed: Mark Veitch, Director of Public Health

Schedule 1
1. All restaurants, cafes, food courts and workplace canteens, unless -
(a) the premises are being used to provide food or drink, or both, to be consumed at a location other than the premises; or
(b) the premises are being used to provide food or drink, or both, to employees, or contractors, within the premises and the food or drink is to be consumed at another location within the premises and each person at that location complies with paragraphs (g) and (h); or
(c) the premises are within a hospital, residential care home, homeless accommodation, school, prison, defence barracks or detention centre and the food or drink is to be consumed by the residents of those organisations.
2. All premises where alcohol is sold for consumption at those premises (including pubs, registered and licensed clubs and hotels) other than such part of those premises lawfully operated to provide alcohol for consumption at a location other than the premises.
3. All hotels, motels, hostels, bed and breakfasts, boarding houses, caravan parks, campsites, camping areas, homeless accommodation and other similar premises, except in relation to -
(a) workers, or contractors, employed or engaged in the operation of such premises; and
(b) current residents of such premises who predominantly reside at the premises on a permanent basis; and
(c) current residents of such premises who predominantly reside at the premises while their principal residence is unavailable, whether it is unavailable on a permanent or temporary basis, including where the residence is unavailable due to a border closure, or travel restriction, preventing the resident from returning to the principal residence; and
(d) other current residents of such premises, up until 11.59pm on 1 April 2020, unless the resident proves that the resident has booked travel on the first available flight or sailing after 11.59pm on 1 April 2020; and
(e) residents of such premises, who are residents -
(i) for the purposes of self-isolation or quarantine; or
(ii) while another person is using the resident's principal residence for self-isolation or quarantine; and
(f) residents of such premises who are residing at the premises due to the person performing duties that make the person a specified person under -
(i) the direction given in respect of the disease by the Director of Public Health on 20 March 2020 under section 16 of the Act; or
(ii) such other direction, given by the Director of Public Health under section 16 of the Act in respect of the disease, that
may replace the direction specified in subparagraph (i); and
(g) residents of such premises who -
(i) are residing at the premises for the purpose of employment or for compassionate reasons, including where the person requires emergency accommodation due to an emergency, family violence or vulnerability; and
(ii) have only travelled within Tasmania to get to the premises.
4 All residential rehabilitation premises that are providing treatment for addiction or mental health, except in relation to -
(a) operators, or workers or contractors, employed or engaged in the operation of such premises; and (b) residents of such premises.
5. All places of worship, religious gatherings, religious premises, and other similar premises, unless those premises are being operated -
(a) to perform a wedding, where -
(i) the total number of people present at the wedding does not exceed 5 persons; and
(ii) each person on the premises at the time the wedding is performed complies with paragraphs (g) and (h); or
(b) to perform a funeral, where -
(i) the total number of people present at the funeral does not exceed 10 persons; and
(ii) each person on the premises at the time the funeral is performed complies with paragraphs (g) and (h).
6. All cinemas, entertainment venues, casinos, gaming or other gambling venues, dance venues, night clubs, strip clubs, brothels and other similar premises.
7. All galleries, museums, national institutions, historic sites and other similar premises.
8. All concert venues, theatres, arenas, auditoriums, stadiums and other similar premises, unless used by performers for the purpose of live streaming and the persons in, or on, those premises during the livestream -
(a) do not exceed 5 persons; and
(b) comply with the requirements of paragraphs (g) and (h) whilein, or on, the premises.
9. All amusement parks, arcades, play centres, skate parks, playgrounds andother similar premises, regardless of whether the premises are an indoor space or an outdoor space.
10. All auction houses, other than premises used for the sale of livestock, food or other agricultural purposes.
11. All spas and massage parlours and other similar premises.
12 .All indoor and outdoor swimming pools, gymnasiums, health clubs, fitness centres, wellness centres (including yoga and barre premises), indoor venues used for sport or fitness, saunas, bath houses and other similar premises or venues, other than such part of the premises or venue used to provide physical rehabilitation services if -
(a) the rehabilitation services are provided by, or under the direction of, a registered health professional within the meaning of the Health Practitioner Regulation National Law (Tasmania); and (b) each person in that part of the premises complies with the requirements of paragraphs (g) and (h).
13. All community centres, neighbourhood houses, recreation centres, youth centres, community facilities, libraries and other similar premises, unless the premises are being used to provide essential voluntary, or public, services such as food banks or homelessness services.
14. All premises, and all parts of premises, owned or operated by a council of a municipal area if those premises, or parts of premises, do not provide essential voluntary, or public, services.
15. All zoos, wildlife centres, animal parks, petting zoos, aquariums, marine parks, animal or similar premises, except -
(a) in relation to operators, or workers or contractors, employed or engaged in the care or treatment of animals at the facility, performing an animal rescue function, or the general operation of such premises; and
(b) for the purposes of producing food or stock.

Schedule 2.
1. Subject to item 2 in this Schedule, the provision of religious gatherings, religious ceremonies, religious instruction, non-denominational ceremonies and other similar services and ceremonies, unless the services are lawfully provided remotely by electronic means.

2. The provision of wedding and funeral ceremonies and services -
(a) unless -
(i) in the case of a wedding, the total number of persons present does not exceed 5 persons; and
(ii) in the case of a funeral, the total number of persons present does not exceed 10 persons; and
(iii) in all cases, each person present complies with paragraphs (g) and (h); or
(b) unless the services are lawfully provided remotely by electronic means.

3. The provision of beauty therapy, tanning, waxing, manicure or other nail treatments, tattoos, ear and body piercing, body modification and other similar services.

4. The provision of hair and barber services, other than the provision of hair and barber services if paragraph (h) is complied with while the service is being provided.

5. The provision of real estate auctions and open home inspections, or other similar services, other than private home inspections of no more than 3 persons per inspection, unless the services are lawfully provided remotely by electronic means.

6. The provision of markets, whether held in an indoor space or an outdoor space, unless -
(a) that market is predominately for the provision of food; and
(b) the requirements of paragraphs (g) and (h) are complied with while the market is being provided.

7. The provision of boot camps, personal training and other exercise services, whether provided in an indoor space or an outdoor space -
(a) unless -
(i) the services are being provided in an outdoor space; and
(ii) the requirements of paragraphs (c), (g) and (h) are complied with while the service is being provided; or
(b) unless the services are lawfully provided remotely by electronic means.

8. The provision of social sports activities, or other exercise or activity-based gatherings, whether provided in an indoor space or an outdoor space, unless the services are lawfully provided remotely by electronic means.