Can I visit my parents or family at Easter? Australia’s coronavirus lockdown rules and restrictions explained

  • 4/12/2020
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Many states have brought in sweeping new laws restricting social gatherings and under what circumstances someone is permitted to leave their home. While politicians have said these rules are simple, it is clear the public still has a lot of questions about coronavirus lockdown rules and restrictions. In most states enforcement is left up to police officers’ discretion, therefore it is difficult to provide exact information on what is or isn’t allowed. Here we try to answer some of the most common questions people have about the new laws based on the information, though these answers should not be treated as legal advice. An asterisk indicates Guardian Australia has sought clarification from the state or territory government and will update when it is received. Can I visit my family over Easter? Nationally, all non-essential travel is being discouraged – including over the Easter holidays. The laws for visiting family vary from state-to-state, but there are no special rules or exemptions over Easter. New South Wales – Generally no. You are not allowed to visit your family for social reasons. You can only travel if you are providing care (delivering food and medication), have shared parenting obligations and are transporting children, or if you will babysit for a family member who needs to leave the house for a permitted reason. The NSW public health orders says: “Taking a holiday in a regional area is not a reasonable excuse”. Victoria – Also no. Social visits are not allowed, and the same exemptions as NSW apply. The premier, Daniel Andrews, has clarified that people are allowed to travel to another property they own, such as a holiday house, but still can’t have people over. Police minister Lisa Neville said: “You can’t catch up with friends or family that don’t currently live with you.” Queensland, Tasmania and ACT – Yes. But one household is only allowed two additional guests, and the four square meters per person rule applies indoors. Police are advising that unnecessary social gatherings should be limited. “Technically if it’s non-essential travel, it’s not complying … you should not be on the road,” Queensland police commissioner Katarina Carroll said on Thursday. In Tasmania, premier Peter Gutwein said helicopters would be deployed over the state to spot people travelling unnecessarily. WA – Yes. Families are exempt from two person gathering limits. But heavy restrictions and roadblocks between regions in the state apply, which means you might not be allowed to travel long distances. SA and NT – Yes. But gatherings are limited to 10 people. And as always, unnecessary socialising is advised against. Can I visit my romantic partner if we don’t live together? New South Wales – Although legislation would suggest the answer is no, police commissioner Mike Fuller said on Wednesday that yes, you are allowed. This is considered to come under the “care” exemption. Victoria – Yes, while originally it appeared that you would not be allowed to see your partner, on Wednesday afternoon the Victorian chief health officer tweeted that an exemption to the no social visits rule would be made for partners. Queensland – Yes, on Thursday Queensland premier Annastacia Palaszczuk said households are allowed to have two additional guests at a time, but physical distancing should still be observed when possible. Outdoor gatherings are limited to two, or members of the same household. Tasmania – Yes. Tasmania has a broad definition of “social support” which is considered an essential reason for leaving the home. This allows for romantic partners and family members to still visit one another, however social distancing must still be observed and you are not permitted to stay overnight unless you have elected their home to be your primary residence from 31 March on. Australian Capital Territory – Yes, households are allowed to have two additional guests at a time, however, there must be at least four square metres per person indoors. Outdoor gatherings are limited to two, or members of the same household. Western Australia – Yes. The way WA is enforcing the two-person law means households are allowed to have one guest at a time. You will not be permitted to travel between the nine WA regions unless it is on “compassionate grounds”. South Australia and Northern Territory – Yes, there are currently no fines for leaving the house for non-essential reasons, however unnecessary socialisation is discouraged. Gatherings are limited to 10. All states currently allow you to leave the home, and meet with one person to do exercise. This means you are allowed to meet your partner or a friend in public to exercise with them. Some states have limits on how far you can travel for exercise, however. Can I temporarily move in with my partner during the lockdowns? NSW – Yes, you are allowed to move house. Victoria – Yes,* you are allowed to move house. Queensland – Moving residences is not referenced in the legislation, Guardian Australia is seeking clarification.* Tasmania, ACT – Yes, you are allowed to move house.* WA – Yes, you are allowed to move house, but there may be restrictions on crossing regional borders. SA and NT – Yes, there are currently no fines for leaving the house for non-essential reasons. Can I take my dog for a walk? Yes, in all states you are allowed to leave your home for exercise, which includes dog walking. Social distancing measures should be observed while out, and in Victoria, NSW, Queensland, WA*, Tasmania and ACT, you can only be joined by one other person or those in your household. How far are you allowed to travel for exercise? No states have specific rules on the distance you are allowed to travel to exercise, however many have appealed for people to use “common sense”. NSW – You are allowed to drive across town however you aren’t allowed to travel hours out of the city. Victoria – Premier Daniel Andrews said on Twitter exercise had to be local and not “driving for miles and being out all day”. ACT – There are no official limits, however, people are encouraged to avoid unnecessary travel, and where possible avoid areas where they are likely to come into close contact with others. Queensland and Tasmania – Not specified, however, the government urges residents to use common sense and avoid unnecessary travel. WA – You are not allowed to travel between the nine regions of Western Australia without good cause, such as work or compassionate reasons. Therefore exercise should be limited to your region and unnecessary travel avoided. SA and NT – There are currently no restrictions on the reasons for leaving your house, however, you are urged not to travel unless necessary. Can my relatives babysit for me if we don’t live together? The federal government is recommending those over 70, those with chronic illness over 60 and Indigenous people over 50, self-isolate as much as possible. However, no state will currently issue penalties to those who do not. Therefore it’s recommended that elderly relatives do not look after children. NSW – Yes, it counts as “care”. Victoria – You are allowed to leave the home to provide caregiving, therefore likely yes.* Queensland – Yes, this constitutes ‘care’. Households are allowed to have two additional guests at a time, but physical distancing should still be observed when possible. Tasmania – Yes, it counts as “social support”. ACT – Yes, however, households are only allowed two guests at a time and there must be at least four square metres per person indoors. WA – Yes, families are generally exempt from the two-person gathering limits, however unnecessary social interaction is discouraged. You will not be permitted to travel between the nine WA regions unless you are caring for family members or on “compassionate grounds”. SA and NT – Yes, as long as a maximum of 10 people are at the gathering. Can I visit my immediate family if we don’t live together? NSW – Generally no.* On Wednesday police commissioner Mick Fuller said visiting romantic partners counted as “care” and was therefore allowed, however when Guardian Australia asked NSW police if visiting immediate family was also constituted as “care” they said that social visits do not count. We will seek further clarification on this issue. You can, however, visit family if you are caring for them, delivering them food, assisting with medication, taking them to the shops if they require assistance etc. Victoria – Generally no, social visits are not allowed. However, you can visit to deliver food, provide medical care and for “compassionate reasons”. Queensland – Yes, households are allowed to have two additional guests at a time, but physical distancing should still be observed when possible and unnecessary social gatherings should be limited. Tasmania – Yes, this falls under “social support”, however, only two visitors are permitted in homes at any one time and must be mindful of social distancing and avoiding unnecessary travel. ACT – Yes, however, households are only allowed two guests at a time and there must be at least four square metres per person indoors. WA – Yes, families are generally exempt from the two-person gathering limits, however, unnecessary social interaction is discouraged. The restrictions on travelling between WA regions also apply. SA and NT – Yes, as long as there are a maximum of 10 people at the gathering, however, unnecessary social interaction is discouraged. All states currently allow you to leave the home, and meet up with one person to do exercise. This means you are allowed to meet a family member in public to exercise with them. There are limits on how far you can travel for exercise, however, see above. My kids live part-time with me and my partner. Are they still allowed to travel between homes? Yes. Currently, all states allow you to uphold current shared parental agreements. This means you are allowed to drive your children to their other parent or carer’s residence, and they are allowed to visit your residence to pick children up. Am I allowed to leave home if it’s an emergency or required by law? Yes. All states allow you to leave your home if you are legally required to do so. You are allowed to flee violence, and you are allowed to leave if your house becomes uninhabitable. Can I have social guests if I live alone? All Australians have been urged to avoid unnecessary socialisation. NSW and Victoria – No, social visits are not allowed. Queensland – Yes, on Thursday Queensland Premier Annastacia Palaszczuk said that those who live alone could have a social guest. No more than two guests are allowed in a household at a time. Tasmania – Yes, this falls under “social support”, however only two visitors are allowed at a time and must be mindful of social distancing and avoiding unnecessary travel. ACT – Yes, however, households are only allowed two guests at a time and there must be at least four square metres per person indoors. WA – Yes, but only one person, or family. SA and NT – Yes, but gathering must be limited to 10. Can I get a coffee with a friend? NSW, Victoria, Queensland and Tasmania – Yes, but only if it is takeaway and you have met a friend for the purpose of exercising. ACT – Yes, as long as it is takeaway. WA, SA and NT – Yes, as long as it is takeaway. Can I give someone a lift to work, even if they don’t live with me? NSW – Yes you can drive a colleague to work with you, however, it is unclear if you can leave the house to drive someone to their job if you do not also work there. If they can not drive themselves this is likely covered under “care”.* You can only take one passenger or anyone who is part of your household. Victoria and Queensland – Yes you can drive a colleague to work with you. Driving someone else to work if they can not drive themselves likely falls under “providing care and support”. You can only take one passenger or anyone who is part of your household.* Tasmania – Yes, but there must be an essential reason for all passengers to be travelling in the vehicle. ACT – Yes, however, you can only take one passenger or anyone who is part of your household. It is encouraged you create as much distance between you and your passenger as possible, such as having them sit in the back seat. WA – Yes, but you can only take one passenger, family member or anyone who is part of your household. You will likely require a letter from your work if you wish to cross the border into another region within the state. SA And NT – Yes. Can a tradesperson still come into my house to do work? Yes, however only if it is for essential works. If it can wait, it should. Physical distancing practices should be observed. Can I still learn to drive? NSW – The local authorities have explicitly said this is a reasonable excuse to leave the house. Queensland – You can learn to drive if your instructor is in your household and you’re leaving the house for an essential reason (going to the supermarket for example) but not for just getting the hours up. Victoria – A teenager was fined for learning to drive in early April, but Victoria Police has indicated the fine will be reviewed. Western Australia – There is no specific advice, but Western Australia has been divided up into nine regions, and you cannot travel from one region into another region for a non-essential reason. Tasmania, SA, NT, ACT – No specific advice. Who decides if I am breaking the new laws? Generally, enforcement will be left up to the discretion of police officers. States have expressed different approaches, for example, the ACT says it will be issuing a warning in the first instance, while Victoria has adopted a more hard-line attitude to those break social distancing rules. NSW Police commissioner Mick Fuller said on Thursday he would personally review all physical distancing fines issued in the state. “If I think it’s unreasonable, it will be withdrawn immediately and we’ll make personal contact with the individual,” he said. What are my options for challenging a fine? Not all states have specified this, however, it appears these fines can be appealed using the same process as other fines issued by police. Information on how to lodge an appeal should be available on your state or territory’s government website. Due to the unprecedented and ongoing nature of the coronavirus outbreak, this article is being regularly updated to ensure that it reflects the current situation at the date of publication. Any significant corrections made to this or previous versions of the article will continue to be footnoted in line with Guardian editorial policy.

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