LETTERS: Counter staff abused over Queensland Government’s Check In app

Since the check in app requirements have been introduced, business owner have raised many concerns in regards to counter staff being abused for requesting customers to comply.

LETTERS TO THE EDITOR

Qld Check in App

The Qld government check in app requirements has been made mandatory as of Friday, July 9.

What does that mean for everyone in Qld?

If you are a business owner and you are on the restricted business list put out by the Qld chief health officer, https://www.health.qld.gov.au/system-governance/legislation/cho-public-health-directions-under-expanded-public-health-act-powers/business-activity-undertaking-direction, you need to register your business and download the check in app poster as well as provide the ability to collect customer details that don’t have a phone.

Individual people entering into a restricted business must supply their details through a mobile phone check in app or via another method provided by the business.

Failure to comply,” Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

• A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
• Maximum penalty — 100 penalty units or six months imprisonment.”

Since the check in requirements have been made I have received many concerns in regards to counter staff being abused for requesting customers to check in, as required by the Qld governments chief health officer directives.

Federal laws override State and Territory laws so I believe that the people need to know if they actually have to comply with the directive.

The Federal government acts; “Privacy Act 1988 as of 29/06/2021” and “Biosecurity Act 2015 as of 27/04/2021” raise some concerns.

Privacy Act 1988, “94H Requiring the use of COVIDSafe

(1) A person commits an offence if the person requires another person to:

(a) download COVIDSafe to a communication device; or

(b) have COVIDSafe in operation on a communication device;

(c) consent to uploading Covid app data from a communication device to the National COVIDSafe Data Store.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.”

Biosecurity Act 2015, “60 Imposing a human biosecurity control order on an individual

(1) The following officers may impose a human biosecurity control order on an individual:

(a) a chief human biosecurity officer;

(b) a human biosecurity officer;

(c) a biosecurity officer.

Note 1: An officer who intends to impose a human biosecurity control order on an individual has certain powers under sections 68 and 69.

Note 2: Before imposing a human biosecurity control order, an officer must be satisfied of the matters referred to in section 34 (the principles).

Note 3: The Director of Human Biosecurity must be notified of the imposition of a human biosecurity control order (see section 67).

(2) A human biosecurity control order may be imposed on an individual only if the officer is satisfied that:

(a) the individual has one or more signs or symptoms of a listed human disease; or

(b) the individual has been exposed to:

(i) a listed human disease; or

(ii) another individual who has one or more signs or symptoms of a listed human disease; or

(c) the individual has failed to comply with an entry requirement in subsection 44(6) in relation to a listed human disease.

(3) To avoid doubt, an individual may fail to comply with an entry requirement in subsection 44(6) even if the individual is not able to comply with the requirement. Authorised Version

(4) An officer may include one or more biosecurity measures specified in Subdivision B of Division 3 in a human biosecurity control order.

Note: For the biosecurity measures that each kind of officer can impose, see section 82.”

Counter staff working for various businesses aren’t police officers or biosecurity officers and should not be subjected to abuse by annoyed customers. What are business owners and their staff’s rights in regards to enforcing the check in requirements?

The Federal Government’s Covid app doesn’t require check in’s, it monitors your movements and is very helpful for tracing, why do we need another Covid app? What is the definition of a pandemic and does Qld currently have a pandemic problem of an overwhelming situation where our health system is in crisis from Covid?

Could our local state members and federal member provide some clarity on this issue, in regards to compliance?

 Leyland Barnett, Berserker

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Originally published as LETTERS: Counter staff abused over Queensland Government’s Check In app