The Federal government and national cabinet have advised against non-essential interstate travel.

Directions on non-essential travel and gatherings now apply in all states and territories. You need to personally assess and prove your need to travel and seek advice from the relevant state or territory. Penalties apply for non-compliance.


IMPORTANT TO NOTE:
The information below is current as of Tuesday 7 April 2020.
While every effort is made to keep this information current, Government directions may have since been updated.Please follow the links to the relevant State Government websites to confirm any information provided.

 

Directions have been enacted under each state or territory’s public health and emergency management legislation and have the force of law.

We understand that requirements are being enforced at the borders in road checkpoints, at airports and at train stations.

Additional police have been allocated in some states to follow up on individuals to monitor self-isolations. Monetary penalties apply for non-compliance.

In each state, there are exemptions for ‘essential travellers’ or ‘essential services’, which should assist clients to move its workforce without quarantine periods. See comments below in relation to those exemptions.

Western Australia

Position: Temporary closure of the Western Australian border.

From 11.59pm, on Sunday, April 5, people will no longer be able to enter Western Australia without an exemption.

Detailed advice: wa.gov.au

Direction: Closing the Border Directions

Application for Exempt Traveller Status: access here

Paragraph [27(h)]

Definition of ‘Essential Services’:

“(h) any specialists required for industry or business continuity and maintenance of competitive operations where the appropriate skills are not available in Western Australia, where the service is time-critical and where the provision of the service requires the person to be physically present in Western Australia;”

South Australia

Position: Border restrictions in place

From 4pm on Tuesday 24 March 2020 all people entering SA will be required to isolate for 14-days.

Essential travellers (inc. FIFO workers) may be exempt provided suitable evidence is established (NB the onus of proof is on the applicant).

Detailed advice: sa.gov.au/covid-19

Direction: Cross Border Travel No 2 Direction 2020

Paragraph [5 of Schedule 1]

Definition of ‘Essential Traveller’:

“ (a) A specialist required for industry or business continuity and maintenance of competitive operations where the appropriate skills are not available in South Australia, where the service is time critical and where the provision of the service requires that the person be physically present in South Australia;”

Northern Territory

Position: Border restrictions from 4:00 pm Tuesday 24 March. All non-essential travellers will be required to go through a police control checkpoint to verify their medical status and purpose of their travel.

Detailed advice: coronavirus.nt.gov.au/community-advice/border-controls

Direction: COVID-19 Directions (No. 16) 2020

Arrival Form: access here

Travel Plan: access here

Paragraph [16(f)]

Definition of ‘Exempt Person’:

“(f) a specialist required to provide services needed for the continuity of industry or business and the maintenance of competitive operations if: (i) the specialist’s skills are difficult to obtain in the Territory; and (ii) the service must be provided without delay; and (iii) the specialist must be physically present in the Territory to provide the service; and (iv) the specialist practises social distancing measures while in the Territory;”

Tasmania

Position: All travellers arriving in Tasmania will be required to enter self-isolation for 14 days in government-provided accommodation on arrival in Tasmania.

Essential Travellers that meet strict criteria will be exempt from the 14-day self-isolation requirement but must still comply with listed isolation conditions directed by the Director of Public Health.

Detailed advice: tas.gov.au

Direction: Direction under Section 16

Application for Exempt Traveller Status: access here

Arrival Form: TAS Arrival Form

Paragraph [4 of the Schedule]

Definition of ‘Specified Persons’:

“(a) Any specialists required for industry or business continuity and maintenance of competitive operations where the appropriate skills are not available in Tasmania, where the service is time-critical and where the provision of the service requires that the person be physically present in Tasmania; and (b) Any person who, in the carriage of his or her duties, is responsible, while in Tasmania, for critical maintenance or repair of infrastructure critical to Tasmania; and (c) Any person travelling from Antarctica directly to Tasmania.”

Queensland

Position: Temporary closure of Queensland border.

New restrictions apply from Friday 12.01 am Friday 3 April 2020 which will only allow Queensland residents and those considered an ‘exempt person’ to cross the border.

Restrictions preventing interstate FIFO workers (except for certain positions in certain resource industries) apply from 11.59 pm Saturday 4 April 2020.

Detailed advice: covid19.qld.gov.au/government-actions/border-closing

Border Pass: qld.gov.au/border-pass

Health Plan Template: access here

Direction: Public Health Direction – Border Restrictions.

Paragraph [21-24]

Definition of ‘Exempt Person’

“(21) Any person who, in carrying out their duties, is responsible, while in Queensland, for provision, construction, maintenance, resupply or repair of infrastructure, utilities and services critical to Queensland including telecommunications, data, water supply, sewerage, sanitation and waste and recycling management.

(22) A person who is a construction, commercial fishing, manufacturing,  resources sector, energy or agribusiness employee whose company or service provider has a plan to manage preventing the transmission of COVID-19 amongst its employees and the community, and the plan complies with the requirements specified by the Chief Health Officer. An employee who is fly in fly out worker is only exempt if they satisfy the requirements in paragraph  24 below.

(23) Despite paragraph 22, an employee of a resources sector company or service provider is only an exempt person if they are a critical resources sector employee.

(24) A fly in fly out worker of company or service provider listed in paragraph 22, who is travelling to a worksite or work camp that is provided by their employer, and who has provided the following information upon arrival:

the name of their employer; and

evidence that they are a fly in fly out worker; and

evidence that they are entering Queensland to go directly to work; and

evidence of the location of the worksite or work camp; and

if they are a resources sector employee, evidence that they are a critical resources sector employee..”

New South Wales

Position: No border restrictions.

Detailed advice: nsw.gov.au

Victoria

Position: No border restrictions.

Detailed advice: vic.gov.au

Australian Capital Territory

Position: No border restrictions.

Detailed advice: covid19.act.gov.au

 


 

Morrissey Law + Advisory communications are only intended to provide commentary and general information as at the date of publication. They are for reference purposes only, do not constitute legal advice and should not be relied upon as such. Formal legal advice should always be obtained about particular transactions, contracts or matters of interest before taking any action based on this communication. Authors and contributors may not be admitted in all State and Territories.