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Breaching Home Confinement,
Movement and Gathering Direction

On 2 April 2020, the Chief Health Officer issued the ‘home confinement, movement and gathering direction in relation to COVID-19. The Government’s new Home Confinement Direction demands Queenslanders stay in their principal place of residence, except for permitted purposes.

The maximum penalty for failing to comply with a direction is a fine of $13,345.00.

Have you breached Queensland’s home confinement direction?

To avoid heavy fines, you need an experienced lawyer to defend you. Call David Cole today on 0407 322 955

What does the ‘home confinement, movement and gathering direction’ specify?

The permitted purposes are:

  1. to obtain food or other essential goods or services;
  2. to obtain medical treatment or other health care services;
  3. to engage in physical exercise;
  4. to perform work on behalf of an employer that is engaged in an essential business, activity or undertaking if the work cannot reasonably be performed from the person’s principal place of residence;
  5. to visit another person’s residence (in accordance with further directions below);
  6. education and early childhood workers may travel to and from their home centre over the term 1 break;
  7. to visit a terminally ill relative or to attend a funeral, subject to any applicable restrictions under other relevant public health directions;
  8. to provide assistance, care or support to an immediate member of the person’s family;
  9. to attend any Court of Australia or to comply with or give effect to orders of the Court; or
  10. to attend a childcare facility, school, university, or other educational institution, to the extent care or instruction cannot reasonably be obtained in the person’s principal place of residence;
  11. to assist with or participate in an investigation or other action by a law enforcement authority;
  12. for children under 18 years who do not live in the same household as their biological parents or siblings or one of their parents or siblings, continuing existing arrangements for access to, and contact between, parents and children and siblings, but not allowing access or contact with vulnerable groups or persons (i.e. follow your Family Court orders);
  13. avoiding injury or illness or to escape a risk of harm (i.e. escaping domestic and family violence);
  14. to comply with or give effect to the exercise of a power or function of a government agency or entity under a law.

Penalties for breaching home confinement

If you fail to comply with the outlined direction and without reasonable excuse, an ‘emergency officer’ may, with necessary and reasonable force, take action to enforce the requirement or direction.

Currently, for an individual the fine is $1,334.50 and for a corporation the fine is $6,672.50.

If you receive an infringement notice you have 28 days to pay. If you disagree with an infringement notice you can ask to have the offence heard by a court.

What have you been charged with?

About David

David Cole

David is an experienced Criminal Defence Lawyer who has devoted over 20 years in the pursuit of justice in both state and federal courts throughout Australia.

With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug driving, DUI offences and other Traffic offences, Murder, Manslaughter, Sex crimes and Robbery charges.

Have you been charged?

If you think you have been unfairly fined and want to avoid tough penalties, you need an experienced lawyer to defend you.

David is fully equipped to work remotely and is able to provide high-quality legal services. He is available Australia-wide and is currently taking appointments remotely via phone, Zoom, Viber, Facetime and Skype.

For the best possible outcome in your case or to brief David, Call today on 0407 322 955.

Contact today to make your appointment. Set-up assistance available if required.