Under Part 10 of the South Australian Public Health Act 2011 (SA), the Chief Public Health Officer (CPHO) has a range of powers to require examination, testing, counselling, quarantine and detention in relation to controlled notifiable conditions.

A controlled notifiable condition is one declared by regulations [s 70 (1)] or by notice in the Gazette (where the Minister considers it necessary in the interests of public health in urgent circumstances) [s 70(2)]. Human coronavirus, for example, was declared by the Minister for Health and Wellbeing to be a controlled notifiable condition by notice in the Gazette dated 28 January 2020.

Controlled notifiable conditions declared under the South Australian Public Health (Notifiable and Controlled Notifiable Conditions) Regulations 2012 (SA) include Cholera, Diphtheria, Hepatitis, Measles, MERS, SARS, Salmonella, Tuberculosis and Yellow Fever, among others [reg 5].

Coronavirus Disease 2019 (COVID-19) / Severe Acute Respiratory Syndrome Coronavirus 2 infection (SARS-CoV-2) were further added to regulation 5 as controlled notifiable conditions on 16 July 2020.

The following requirements and directions must be imposed by the CPHO giving the person a written order, unless the CPHO considers it is urgent, in which case the CPHO may give an oral order, followed by a written order within 72 hours [ss 73(8)(b) and (8a), 74(3) and (3a), 75(3) and (3a), 77(3) and (3a)].

Requirement to undergo examination or testing

If the CPHO has reasonable grounds to believe that [s 73(2) and (4)]:

AND

the CPHO may require the person to present for examination or testing or both [s 73(5)]. Testing may include the provision of a sample of blood, urine or other biological specimen [s 73(9)].

Requirement to participate in counselling, education or other activities

If the CPHO has reasonable grounds to believe that [s 74(1) and (2)]

the CPHO may require the person to participate in counselling, education or other activities relevant to understanding the condition or the impact of the condition [s 74(4)].

Quarantine directions

If the CPHO has reasonable grounds to believe that [s 75(1) and (2)]:

AND

the CPHO may impose a range of directions on the person.

Directions that may be given include [s 75(4)]:

Conscientious objections may be raised in relation to examination or treatment [s 75(5)(a)].

Review of examination, testing, counselling and quarantine directions by SACAT

A person subject to one of the above requirements or directions may apply to the South Australian Civil and Administrative Tribunal SACAT for a review of the requirement or direction at any time while the requirement or direction is in place [s 76(1) and (2)].

More than one application may be made while the requirement or direction is in place, but before considering a second or subsequent application, the Tribunal must first consider whether there has been a significant change in the circumstances since the previous application [s 76(3)].

Orders for detention

If the CPHO has reasonable grounds to believe that [s 77(1) and (2)]:

AND

AND

the CPHO may order that the person be detained at a specified place [s 77(4)].

In such circumstances, the CPHO or an authorised person (a police officer or person authorised by the CPHO) may:

[s 77(5a)].

If the order is made on the ground that the person could have been exposed to a controlled notifiable condition, the order will be for an initial period not exceeding 48 hours, but may be extended by the CPHO from time to time for periods not exceeding 30 days [s 77(6) (b)]. However, before extending an order beyond the initial period of 48 hours, the CPHO must apply to the Magistrates Court for a review of the order [s 77(8a)].

If the order is made on the ground that the person has, or has been exposed to, a controlled notifiable condition, the order will be for an initial period not exceeding 30 days, but may be extended by the CPHO from time to time for periods not exceeding 60 days [s 77(6) (a)]. However, before extending the order beyond the initial period of 30 days the CPHO must apply to the Supreme Court (which will be constituted of a single judge) for a review of the order [s 77(7)].

Orders may be extended pending the outcome of the application for review, which must be heard as soon as reasonably practicable [s 77(8) and (8b)].

A person must not be detained for a period exceeding 6 months unless the CPHO applied to the Supreme Court (which will be constituted of a single judge) for confirmation of the order [s 77(9)].

A person who is detained must be examined at intervals not exceeding 30 days or such shorter period set by the Court having regard to the nature of the controlled notifiable condition [s 77(13)].

Review of detention order by Supreme Court

A person subject to a detention order under section 77 may apply to the Supreme Court (which will be constituted of a single judge) for review of the order at any time while the order is in place [s 78(1) and (2)].

More than one application may be made while the requirement or direction is in place, but before considering a second or subsequent application, the Court must first consider whether there has been a significant change in the circumstances since the previous application [s 78(3)].

Applications are governed by Chapter 2 Part 3 of the Uniform Special Statutory Rules 2022 (SA).

Enforcement of orders, requirements, directions

Failure to comply with an order, requirement or direction is an offence [s 81].

Maximum penalty: $25,000

Expiation fee: $750

If a person fails to comply with an order, requirement or direction, the CPHO may apply to a magistrate [s 79(1),(2) and (3)]:

Appeal from orders made by the magistrate under section 79 lie to the Supreme Court (constituted of a single judge)[79(7)].

Commonwealth laws

The Commonwealth Government has similar powers under the Biosecurity Act 2015 (Cth). For further information, see Emergency declarations.

For information about current directions and requirements, see Emergency Declarations Information.

Both the Australian and South Australian Governments enacted their emergency powers in order to respond to COVID-19. This means that the government could create policies and enact procedures to manage the emergency. In some circumstances this meant changing laws, or putting lawful directions in place that the public must adhere to. For example, mandatory vaccination or mandatory quarantine.

Commonwealth directions

For information about travel into and out of Australia, please see Travel restrictions.

South Australian directions

The South Australian government declared a state of emergency under the Emergency Management Act 2004 (SA) to deal with the COVID-19 pandemic (see Emergency declarations). Directions detailing restrictions and temporary laws were issued by the State Emergency Coordinator.

On 24 May 2022, the South Australian Government enacted the South Australian Public Health (COVID-19) Amendment Act 2022 (SA) (‘Public Health Amendment Act’) so that the emergency powers could end.

The Public Health Amendment Act provided for the directions in force under the Emergency Management Act 2004 (SA) at the time of commencement to continue as if they were directions under the South Australian Public Health Act 2011 (SA) (‘the Public Health Act’) [Public Health Amendment Act Schedule 2 cl 2]. New directions imposing requirements on people in South Australia generally or classes of people who have tested positive for COVID-19 or who are close contacts (as defined from time to time) were issued by the Governor [Public Health Act Part 11A, s 90C]. The Minister for Health and Wellbeing was required to publish the health advice on which a direction was determined within seven days of the issue of direction.

Separate from the government mandated vaccination requirements, some employers have implemented their own vaccination testing and mask wearing requirements. For further information regarding this issue, see the Fair Work Ombudsman pages on COVID-19 vaccinations: workplace rights and obligations and Coronavirus and Australian workplace laws.

For information about other legal matters that may be affected by COVID-19, please see General Information - COVID-19 (Coronavirus).

Services Australia have resources for CALD (culturally and linguistically diverse) communities about COVID-19 vaccinations, and translated publications about support services, Centrelink payments and services. SA Health also have a dedicated Multicultural Communities COVID-19 Advice webpage which has resources for mental health and wellbeing, COVID-19 vaccine information sessions and telephone and emergency services contacts.

COVID-19 Direction Accountability and Oversight Committee

The Public Health Amendment Act established the COVID-19 Direction Accountability and Oversight Committee (‘the Committee’) by amending the Parliamentary Committees Act 1991 (SA) (‘PC Act’).

The Committee ceased to operate on the expiry of section 90C of the Public Health Act [PC Act s 15V] on 23 November 2022.

There was no requirement in the Public Health Act for any organisation, committee or person to be consulted by the Governor prior to issuing directions. Instead, issued directions were regulated and reviewed by the following process:

The Committee was to consist of two members of the House of Assembly and three members of the Legislative Council. It must not consist of any Ministers of the Crown or more than two members of the political party forming the government.

Failure to comply with direction

Prior to the expiration of section 90C of the South Australian Public Health Act 2011 (SA) (‘the Public Health Act’) on 23 November 2021, a person who refused or failed to comply with:

may be charged with an offence [Public Health Act s 90D(3)]. The maximum penalties are:

Directors and managers of a body corporate can be prosecuted personally and are subject to the maximum penalty for a natural person [Public Health Act ss 90D(5) and (6)].

It is also an offence to hinder or obstruct operations carried out for the purpose of Part 11A of the Public Health Act. This carries a maximum penalty of $10,000 [Public Health Act s 90D(4)].

Requirement to provide identification

If an emergency officer reasonably suspects a person has committed, is committing or is about to commit an offence under Part 11A of the Public Health Act, the emergency officer can require the person provide their full name and usual place of residence, and to provide evidence of their identification. The maximum penalty for failure to comply is $5,000 [Public Health Act ss 90D(7) and (8)].

If you are issued with a penalty or charged with an offence call our free Legal Help Line on 1300 366 424 for advice.

The South Australian Public Health (COVID-19 Directions) Notice 2022 (SA) ('Directions Notice') outlined the testing and quarantine requirements of people who have been diagnosed with, or exposed to, COVID-19, and those they live with or with whom they have had a close personal interaction.

From 14 October 2022, all isolation, testing and mask wearing requirements for COVID-19 positive cases and close contacts have been removed.

If a person tests positive using a Rapid Antigen test, their result does not need to be confirmed with a PCR test. A positive Rapid Antigen test result can be recorded using the form provided on the SA Health website - Reporting your rapid antigen test result.

SA Health continues to recommend that a COVID-19 positive person:

SA Health also recommends that a close contact:

See the SA Health webpages on Close contact advice and What to do if I test positive for COVID-19 for more information.

From 23 November 2022, there is no requirement to wear a mask. COVID-19 positive cases, and persons who would fall within the close contact definition, are not required to wear masks even if out in the community.

SA Health still recommends that a COVID-19 positive person or a close contact wear a mask when indoors or when on public transport if leaving the house [see SA Health's Face masks page].

Public hospitals and medical facilities may enforce policies regarding mask wearing to protect vulnerable persons.

Where obligations to wear masks applied, they could be removed in limited circumstances, including:

Masks are not required to be worn by children under 12 years old or by a person with a medical exemption.

QR check in is not required from 23 September 2022.

To assist in reducing the spread of COVID-19 there have been travel and border restrictions in place for travel into and out of Australia. For the latest and most reliable travel information please refer to:

There are no general restrictions on travel within South Australia (intrastate travel).

If you are considering interstate travel, check conditions for entry to your destination state before you leave. See information on the SA Health - Travel and COVID-19 webpage for links to current webpages detailing restrictions in other states.

Travelling to South Australia from interstate

There is no prohibition, restriction, testing or mask wearing requirement for persons travelling into South Australia from interstate.

Restrictions on travel into Aboriginal communities

There are no longer any specific entry restrictions for the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands, the Maralinga Tjarutja (MT) Lands and Yalata community.

However, there is still an ongoing permit system in place for entry to the APY Lands and MT Lands. Non-Anangu are required to follow the permit process and should seek permission and advice from the relevant governing bodies before travelling to these areas.

Arriving from overseas

Australia has border measures in place to protect the health of the Australian community.

From 5 January 2023, any person arriving in Australia as a passenger on a direct or indirect flight from China, Hong Kong or Macau must be able to provide evidence of a negative COVID-19 test undertaken in the 48 hours prior to the day of departure. Only certain tests are accepted, including a PCR test, or a rapid antigen test carried out under the supervision of a medical practitioner. The evidence required for certain test types varies and confirmation should be sought. Children under the age of 12 years on the scheduled day of departure are exempt from the requirement. Some exemptions and extensions are available. Failure to comply may result in a fine of up to $8,250 [Biosecurity Act 2015 (Cth) s 46]. For more information see the Department of Home Affairs' page on Entering and leaving Australia or the Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2023 (Cth).

There is no other prohibition, restriction, testing or mask wearing requirement for persons travelling into South Australia from overseas.

Further information for international arrivals is available on the following websites:

Travellers to Australia need to comply with requirements in the state or territory of their arrival, and any other state or territories that they plan to travel to.

Travelling overseas

International flights are currently available to travel to and from Australia, however travellers may find restrictions in place when travelling to other countries.

More information about leaving Australia, is available at the Department of Home Affairs website.

Effective from 23 November 2022, all mandatory vaccination directions have expired and no longer apply.

There were mandatory vaccination requirements in the following settings:

Separate from the government mandated vaccination requirements, some employers have implemented their own vaccination testing and mask wearing requirements. For further information regarding this issue, see the Fair Work Ombudsman pages on COVID-19 vaccinations: workplace rights and obligations and Coronavirus and Australian workplace laws.

The Emergency Management (Residential Aged Care Facilities No 49) (COVID-19) Direction 2022 (SA) (‘RACF Direction’) came into effect on 23 May 2022 and expired on 23 November 2022. It no longer applies.

Information about visiting a residential aged care facility in South Australia (including for end-of-life visits) is available on the SA Health COVID-19 Health Information website.