I love going to the beach. A swim in the ocean is like meditation. It washes away some of life’s worries and brings calm and focus to my work-life juggle.
Living & working in Sydney’s eastern suburbs means it’s an easy drive or walk to some of the world’s most spectacular beaches. Bronte is my favourite and most mornings, except in the dark of winter, you’ll find me taking a dip in the Bogey Hole before getting on with my day.
But as of Sunday 22 March 2020 this simple pleasure has been taken away temporarily as a result of the NSW government’s lockdown flowing from the spread of COVID-19.
How did that happen?
On Friday 20 March 2020 as the mercury hit 35+ degrees, thousands flocked to Sydney’s beaches for some relief.
Bondi Beach – Friday 20 March 2020
Bondi Beach, in particular, became a magnet for the crowds.
So what’s the big deal? Sydney’s beaches are always crowded on gorgeous, sunny days.
What’s the problem with going to the beach on a sunny day?
Usually there’s no problem going to the beach on a sunny day except in this brave new world. On Friday, the fine weather coincided with the government’s new directives about social distancing. It was exacerbated by measures already in place for many workers who were “working from home” that week.
The crowded shoreline was in direct defiance of the bans announced that very day. I’m not sure who was doing the maths on how many people are allowed on the square metres of Bondi Beach/number of people but the crowds were a bad look, even if the maths might not have stacked up.
By Saturday afternoon, NSW Police & Emergency Services Minister David Elliott announced Bondi Beach was being shut down. Later, the government announced that beaches across Sydney’s east would be closed.
There’s little detail on how this is going to work in practice. Like, who’s responsible for enforcing the bans and how are the penalties issued? Police? Lifeguards (SLSC or Council)? Council workers?
Bronte Beach – Sunday 22 March 2020
What are the new rules with respect to crowds, public spaces & gatherings?
Public Health (COVID-19 Gatherings) Order 2020
On 18 March 2020, NSW Health Minister Brad Hazzard made the following order to deal with the public health risk of COVID-19:
1. Mass gatherings of 500 or more people in outdoor spaces prohibited
2. Mass gatherings of 100 people or more in indoor spaces prohibited
On 20 March 2020, the order was extended to include:
3. Where there are gatherings of fewer people at least 4 square meters of space must be allowed
for each person in that space (other than houses)
The bans capture attendance at mass gatherings as well as organisers of events or owners of premises hosting events in breach of the government direction.
Where can I go without breaking the law?
This is where it gets confusing.
There are exceptions to the bans on mass gatherings. The government has listed ‘essential gatherings’ that are allowed to continue at the time of writing.
The gatherings in the list below fly in the face of the reasons for the bans above. Don’t shoot the messenger. I’m just telling you what you need to know so you don’t break the law:
1. Airports
2. Public transport
3. Hospitals or medical/health service facilities
4. Emergency services
5. Disability or aged care facilities
6. Prisons, correctional facilities, youth justice centres or other places of custody
7. Courts and tribunals
8. Parliament
9. Supermarkets, food markets, grocery or other retail stores, shopping centres
10. Office buildings, factories, mining and construction sites
11. Schools, universities, educational institutions and childcare facilities (not including a
school event that involves members of the community in addition to staff and students)
12. Hotels, motels and other accommodation facilities (only for the normal operation of
accommodation)
13. General transit through an outdoor space where more than 500 people or more might be present
e.g. Pitt Street Mall
Self-isolation
For those forced to self-isolate for 14 days as a result of close contact or travel, you can see the government’s guide on home isolation here.
Remember, breaching the government direction to self-isolate is an offence.
Penalties
It is an offence if a person fails to comply with any of the government’s directions.
The penalties are:
1. Individual – max. 6 months imprisonment or fine of up to $11,000 (or both) + $5,500 fine each day the offence continues
2. Corporations – fine of $55,000 + $27,500 each day the offence continues.
How long will the bans be in place?
The new rules started at the beginning of 21 March 2020 and end at midnight on 18 June 2020. Of course, the government can change the end date at any time so stay tuned.
How the government introduced the bans so quickly – the technical legal stuff
The orders are made under section 7 of the Public Health Act 2010 (the PHA). The PHA gives the Minister broad powers to act if he considers ‘on reasonable grounds that a situation has arisen that is, or is likely to be, a risk to public health’.
Since COVID-19 fits the bill, the Minister can take action by making orders or giving directions that he believes are necessary to deal with the risks and possible consequences.
The government has suggested that it could force particular suburbs into lockdown if they’re deemed to be high risk. The PHA gives the Minister the power to declare any part of the state to be a public health risk.
This might include orders to:
(a) segregate or isolate residents of the area, and
(b) prevent access to the area.
The PHA also gives the government power to direct people to submit themselves for medical examination and shut down premises such as pubs and cafes, amongst other things.
The details of the orders are contained in the Government Gazette. These are the gazetted orders at the time of writing.
Quarantine after travel:
16 March 2020
Bans on gatherings:
18 March 2020 – bans on mass gatherings
20 March 2020 – adding the 4m rule
The gazetted orders do not include the beach closures however the PHA provides that the order can be made and enforced without publication, although publication of the order must occur as soon as possible after it’s made. However, I note that the orders made on 20 March probably cover the beach bans.
Orders and directions can be reviewed by making an application to the NSW Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997.
Definitions
Indoor space
Means an area, room or other premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of the roof or walls are—
(a) permanent or temporary, or
(b) open or closed.
Note. The Public Health Act 2010 defines premises to include any land, temporary structure, vehicle or vessel.
Mass gathering
Means a gathering—
(i) of 500 or more persons in a single undivided outdoor space at the same time, or
(ii) of 100 or more persons in a single undivided indoor space at the same time, but
does not include—
(i) an essential gathering referred to in Schedule 1 (that’s the list in exceptions above), or
(ii) a gathering exempted, in writing, by the Minister and subject to any conditions the Minister considers necessary.
Outdoor space
Means a space that is not an indoor space (my personal favourite definition)
Relevant period
Means the period—
(a) starting on 21 March 2020, and
(b) ending at midnight on 18 June 2020.
*This information was current at time of publication (22 March 2020). I’ll endeavour to update as situation evolves
– ENDS –