Queensland Numbered Acts

COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020 - SECT 141

141 Insertion of new ch 8, pt 7AA

Chapter 8 , after part 7A —
insert—

Part 7AA - Fees for quarantine during COVID-19 emergency

362MA Definitions for part In this part—

"parent" , of a child, has the meaning given by section 362H(4).

"quarantine" see section 362MB.

"relevant invoice" see section 362MD(4).

362MB Meaning of quarantine A person is required to
"quarantine" if—

(a) the person is required, under a public health direction or a direction given under section 362H(1)(a), to stay at or in a stated place; or

(b) the person is a child and a parent of the child is given a direction under section 362H(1A)(a) to keep the child at or in a stated place.

362MC Fees payable

(1) A regulation may prescribe the fees payable for a person who is required to quarantine at a place other than the person’s home.

Examples of a place other than a person’s home—

a hotel, a motel

(2) Without limiting subsection (1), a regulation may prescribe amounts as fees by reference to—

(a) the types of costs associated with a person’s quarantine; or

Examples of types of costs—

cost of accommodation, cost of meals

(b) whether a person is required or permitted to quarantine with 1 or more other persons in shared accommodation.

Examples of persons in shared accommodation—

• 2 persons in a hotel room

• 4 persons in an apartment

362MD Persons liable to pay fees

(1) A person required to quarantine is liable to pay the fees prescribed by regulation for the person’s quarantine.

(2) However, if the person is a child, the parents of the child are jointly and severally liable to pay the fees prescribed by regulation for the child’s quarantine.

(3) Despite subsections (1) and (2), if 2 or more adults are required or permitted to quarantine together in shared accommodation, whether or not with any children, all the adults are jointly and severally liable to pay the fees prescribed by regulation for the quarantine of each person quarantined in the shared accommodation.

(4) The chief executive must give a person liable to pay fees under this section an invoice (a
"relevant invoice" ) stating—

(a) the date of the invoice; and

(b) the name of the person to whom the invoice relates or, if it relates to more than 1 person, the name of each person; and

(c) the amount of the fees owing for the quarantine of the person or persons to whom the invoice relates.

(5) However, if 2 or more adults are jointly and severally liable to pay fees under subsection (2) or (3)—

(a) the chief executive may give any 1 of the adults a relevant invoice; and

(b) for section 362MF, the invoice is taken to have been given to each of the adults.

362ME Waiver of fees

(1) A person liable to pay fees under section 362MD may apply to the chief executive, as provided under subsection (2), for the waiver of payment of all or part of the fees.

(2) The application must—

(a) be in the approved form; and

(b) be made within—

(i) 30 days after the date of the relevant invoice for the fees; or

(ii) a longer period agreed by the chief executive and the person.

(3) The chief executive may ask the person to give any further information the chief executive reasonably needs to decide the application.

(4) The chief executive must decide to—

(a) waive payment of all or part of the fees; or

(b) refuse to waive payment of the fees.

(5) However, the chief executive may decide to waive payment of the fees as mentioned in subsection (4)(a) only if the chief executive considers it appropriate having regard to the circumstances of the person or of another person to whom the relevant invoice relates.

Examples of when waiver of payment of fees for which a person is liable may be appropriate—

1 The person is experiencing financial hardship.

2 The person is a vulnerable person.

(6) If the chief executive decides to waive payment of the fees to the extent sought under the application, the chief executive must give the person a notice stating—

(a) if the application is for the waiver of payment of all of the fees—that payment of the fees is waived under this section; or

(b) if the application is for the waiver of payment of part of the fees—that payment of that part is waived under this section.

(7) If the chief executive decides to refuse to waive payment of the fees to the extent sought under the application, the chief executive must give the person a notice stating—

(a) the decision; and

(b) the reasons for the decision; and

(c) if payment of any part of the fees is waived—that payment of that part is waived under this section.

362MF Payment and recovery of fees

(1) A person liable to pay fees under section 362MD must pay the fees, or any part of the fees not waived under section 362ME, within the later of the following periods to end—

(a) 30 days after the date of the relevant invoice for the fees;

(b) if the person has made an application under section 362ME(1) in relation to the fees—14 days after the person receives a notice under section 362ME(6)(b) or (7) in relation to the application.

(2) An amount not paid by the person under subsection (1) may be recovered from the person as a debt due to the State.

362MG Expiry of part This part expires on 18 March 2021.