TAS Introduces Bill To Charge for Hotel Quarantine Accommodation
Thursday 20 August 2020 @ 3.08 p.m. | Legal Research
On 18 August 2020, the COVID-19 Disease Emergency (Miscellaneous Provisions) Amendment (Quarantine Debt Recovery) Bill 2020 (the “Bill”) was introduced to Tasmania’s House of Assembly (the “Assembly”) by the Hon Roger Jaensch, the Minister for Human Services.
The Bill proposes to amend the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Act 11 of 2020) (the “COVID-19 Act”).
About the Bill
The Bill’s Explanatory Memorandum (“EM”) indicates that the Bill:
On 24 July 2020, the Premier, Peter Gutwein MP, announced that the Tasmanian Government would introduce charging for hotel quarantine in Tasmania from 31 July 2020. This means that from that date, all people undertaking quarantine in government-designated accommodation will be required to pay towards their quarantine, except in certain circumstances.
About the COVID-19 Act
According to the Tasmanian Planning Reform website, the COVID-19 Act “provides for the issue of notices during the COVID-19 emergency period to provide a range of measures relating to the functions and powers of local councils and other entities involved in the planning system”, including:
- extensions of statutory time periods, including those under the Land Use Planning and Approvals Act 1993 and associated legislation;
- alternative ways to take physical action, such as through the delivery of electronic documents;
- alternative meeting arrangements for local councils and other entities;
- alternative arrangements for public exhibition of documents; and
- alternative arrangements for public hearings, such as those conducted by the Tasmanian Planning Commission and the Appeal Tribunal.
It also provides for temporary relief from certain planning requirements to assist with our response efforts to COVID-19, including:
- amendments to existing planning permits, such as permit conditions and restrictions to allow for the delivery of essential services; and
- exemptions from planning scheme requirements in order to implement a requirement, direction or authorisation necessary during the emergency period.
Key Features of the Proposed Amendment
The Bill proposes to amend the COVID-19 Act by inserting new “Part 6A – Charging For Quarantine Accommodation”(ss 25A-25J) and sets out the legislative framework for implementing the proposed changes for charging for hotel quarantine. Some of the key features of new Part 6A are:
- the Secretary, Department of Police, Fire and Emergency Management (“DPFEM”) is named as the responsible person for issuing orders and making decisions with respect to the operation of the charging model. Section 25J provides for the Secretary to delegate certain administrative powers to a Deputy Commissioner or Assistant Commissioner under the Police Service Act 2003;
- the Bill provides that the Secretary may, by order, declare that a person or class of people in government quarantine on or after 31 July 2020 may be required to pay. An order may be amended or revoked by the Secretary;
- the Bill provides for pro-rata payment and details daily rates. This approach is intended to allow for circumstances where a person or family may not be required to quarantine for the full 14-day period; and
- the daily rates set in the Bill are as follows: $200 for a single person, $71.40 for an additional person and $35.70 for an additional child. There will be no charge for children under 3 years of age, and accommodation charges will be capped at $4,800.
Exemption or Waiver of Fees
According to the Explanatory Memorandum, at least two options exist to apply for exemption or waiver to the fees.
- Section 25D provides for a person may apply for a certificate of exemption to seek an exemption to the fees (either in full or in part) prior to their travel. Alternatively, on receipt of an invoice a person may apply for a waiver of all or in part of the fees set out in an invoice or to alter the payment date specified in an invoice; and
- Section 25I provides for a person to make an application to the Secretary for a waiver of all or part of the quarantine debt amount set out in an invoice, or to alter the payment date specified in an invoice (ie seek an extension).
An application for a waiver or alteration to the payment date may be granted by the Secretary on the basis of compassionate or medical reasons, financial hardship or other relevant circumstances.
Government Comment on the Bill
In the Minister’s speech, he commented:
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Sources:
COVID-19 Disease Emergency (Miscellaneous Provisions) Amendment (Quarantine Debt Recovery) Bill 2020 (Tas) – Bill and supporting information available from TimeBase LawOne Service.
Update on Border restrictions - Media Release (Peter Gutwein, Premier, 24 July 2020)
Tasmanian Planning Reform - Tasmanian Government Fact Sheet (Accessed 20 August 2020)