Public Health and Wellbeing (Quarantine Fees) Regulations 2020
S.R. No. 149/2020
Version incorporating amendments as at
14 December 2021
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provisions 1
3 Commencement 1
4 Definitions 2
5 Quarantine detention fees 2
6 Invoices relating to quarantine detention fees 4
7 Application for payment plan 5
8 Consideration of application for payment plan 6
8A Provision of contact details on request 8
9 Application for waiver of quarantine detention fees 8
10 Assessment of application for waiver of quarantine detention fees 9
11 Notice of decision on application for waiver of quarantine detention fees 10
12 Waiver of quarantine detention fees on initiative of COVID-19 Quarantine Victoria 10
13 Further payment reminder notice fee 11
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Endnotes 12
1 General information 12
2 Table of Amendments 14
3 Amendments Not in Operation 15
4 Explanatory details 16
Version No.003
Public Health and Wellbeing (Quarantine Fees) Regulations 2020
S.R. No. 149/2020
Version incorporating amendments as at
14 December 2021
1 Objective
The objective of these Regulations is to prescribe—
(a) fees for the detention of quarantined persons during the COVID-19 pandemic; and
Reg. 1(b) amended by S.R. No. 165/2021 reg. 4.
(b) other matters required for the purposes of Part 14 of the Public Health and Wellbeing Act 2008.
2 Authorising provisions
These Regulations are made under sections 232, 238A, 238B, 238C and 239 of the Public Health and Wellbeing Act 2008.
3 Commencement
These Regulations are taken to have come into operation on 7 December 2020.
Reg. 4 (Heading) substituted by S.R. No. 96/2021 reg. 5(1).
4 Definitions
In these Regulations—
Reg. 4 def. of designated facility inserted by S.R. No. 96/2021 reg. 5(2).
designated facility means a place designated in either—
(a) the Ministerial instrument of designation dated 21 October 2020 and published in Government Gazette S 539 on 22 October 2020; or
(b) any subsequent corresponding Ministerial instrument;
the Act means the Public Health and Wellbeing Act 2008.
5 Quarantine detention fees
(1) Subject to subregulation (2), for the purposes of section 257 of the Act, the prescribed fees are the following—
(a) in the case of a single adult—
(i) for detention of at least 14 days, $3000; or
Reg. 5(1)(a)(ii) substituted by S.R. No. 96/2021 reg. 7(1)(a).
(ii) for detention of less than 14 days, an amount calculated on a pro rata basis by reference to $3000 for detention of 14 days;
(b) in the case of 2 or more adults detained in shared accommodation—
(i) for the primary adult—
(A) for detention of at least 14 days, $3000; or
Reg. 5(1)
(b)(i)(B) substituted by S.R. No. 96/2021 reg. 7(1)(b).
(B) for detention of less than 14 days, an amount calculated on a pro rata basis by reference to $3000 for detention of 14 days;
(ii) for each additional adult—
(A) for detention of at least 14 days, $1000; or
Reg. 5(1)
(b)(ii)(B) substituted by S.R. No. 96/2021 reg. 7(1)(c).
(B) for detention of less than 14 days, an amount calculated on a pro rata basis by reference to $1000 for detention of 14 days;
(c) in the case of a child of at least 3 years of age, regardless of whether or not the child is detained in shared accommodation with other quarantined persons—
(i) for detention of at least 14 days, $500; or
Reg. 5(1)(c)(ii) substituted by S.R. No. 96/2021 reg. 7(1)(d).
(ii) for detention of less than 14 days, an amount calculated on a pro rata basis by reference to $500 for detention of 14 days.
(2) For the purposes of section 257 of the Act, the prescribed fee is nil for the following persons—
(a) a child of less than 3 years of age;
Reg. 5(2)(ab) inserted by S.R. No. 96/2021 reg. 6.
(ab) a person detained at a specified place of detention that is not a designated facility;
Reg. 5(2)(b)(c) revoked by S.R. No. 96/2021 reg. 7(2).
(d) a person who dies during the period of the person's detention;
(e) a survivor of human trafficking repatriated under an Australian Federal Police program.
(3) For the purposes of this regulation, the age of a quarantined person is taken to be the age of the person on the date of the person's entry into detention at a specified place of detention.
6 Invoices relating to quarantine detention fees
(1) Subject to subregulation (2), for the purposes of section 258(1) of the Act, the prescribed information is the following—
Reg. 6(1)(a) amended by S.R. No. 96/2021 reg. 8(1).
(a) the name of the person liable to pay the relevant fee;
(b) the amount of the fee payable;
(c) the date by which the amount must be paid;
(d) the methods of payment available to the person;
(e) notice that any amount not paid by the specified date may be recovered by COVID‑19 Quarantine Victoria under section 262 of the Act;
Reg. 6(1)(ea) inserted by S.R. No. 165/2021 reg. 5.
(ea) notice that, if any amount is not paid by the specified date, the person may become liable to pay an additional fee on the issue of a payment reminder notice;
(f) details of any payment plan available to the person and the process and form to apply for a payment plan;
(g) notice that the person may apply to COVID‑19 Quarantine Victoria for a waiver of payment and the process to apply for a waiver;
(h) the contact details for COVID-19 Quarantine Victoria for any queries relating to the invoice.
(2) For the purposes of section 258(1) of the Act, in the case of a person for whom the prescribed fee is nil, the prescribed information is the following—
Reg. 6(2)(a) amended by S.R. No. 96/2021 reg. 8(1).
(a) the name of the person liable to pay that fee;
Reg. 6(2)(b) substituted by S.R. No. 96/2021 reg. 8(2).
(b) confirmation that the amount of the fee payable is nil;
(c) the contact details for COVID-19 Quarantine Victoria for any queries relating to the invoice.
7 Application for payment plan
(1) A person who receives an invoice under section 258(1) of the Act may apply to COVID-19 Quarantine Victoria for a payment plan if the person is—
(a) an Australian citizen or permanent resident; or
(b) if paragraph (a) does not apply, experiencing financial or other hardship.
(2) If a person applies for a payment plan under subregulation (1), the date specified in the invoice as the date by which the amount must be paid is suspended until COVID-19 Quarantine Victoria determines the application.
(3) An application by a person referred to in subregulation (1)(b) must include the following—
(a) a summary of the financial or other hardship being experienced;
(b) documentary evidence of the hardship being experienced, including but not limited to the following—
(i) income statements;
(ii) bank statements;
(iii) debt notices;
(iv) statements of expenses;
(v) records of government concessions or other welfare support payments;
(vi) assessments by medical or other health professionals of the quarantined person's health.
8 Consideration of application for payment plan
Reg. 8(1) amended by S.R. No. 96/2021 reg. 9(1).
(1) Subject to subregulation (1A), COVID-19 Quarantine Victoria must approve a payment plan on application by a person who is an Australian citizen or permanent resident.
Reg. 8(1A) inserted by S.R. No. 96/2021 reg. 9(2).
(1A) COVID-19 Quarantine Victoria may decide not to approve a payment plan for a person who is an Australian citizen or permanent resident if satisfied that—
(a) a payment plan was previously approved for the person; and
(b) it is appropriate in all the circumstances not to approve a further payment plan for the person.
(2) In considering an application by a person referred to in regulation 7(1)(b), COVID-19 Quarantine Victoria—
(a) must have regard to the following matters—
(i) the level of hardship demonstrated by the person;
(ii) any other relevant circumstances; and
(b) may request further information from the person as necessary to determine the application.
(3) COVID-19 Quarantine Victoria may approve a payment plan for a person referred to in regulation 7(1)(b) if satisfied that it is appropriate to do so in all the circumstances.
(4) COVID-19 Quarantine Victoria must notify the person in writing of its decision on an application under regulation 7(1).
(5) COVID-19 Quarantine Victoria must specify in a payment plan—
(a) the instalments (if any) in which the fees must be paid; and
(b) the period of time within which the fees must be paid.
Reg. 8(6) amended by S.R. No. 96/2021 reg. 9(3).
(6) If COVID-19 Quarantine Victoria does not approve a payment plan on an application under regulation 7(1), the person must pay the amount of the relevant fee by the later of—
(a) the date specified in the invoice as the date by which the amount must be paid; or
(b) the date specified in the notice provided by COVID-19 Quarantine Victoria under subregulation (4).
Reg. 8A inserted by S.R. No. 165/2021 reg. 6.
8A Provision of contact details on request
For the purposes of section 258A of the Act, the Secretary to the Department of Transport is a prescribed body.
9 Application for waiver of quarantine detention fees
(1) For the purposes of section 259(2)(a) of the Act, the prescribed information is the following—
Reg. 9(1)(a) revoked by S.R. No. 96/2021 reg. 10(a).
(b) the grounds on which the person applies for the waiver;
(c) documentary evidence in support of the application, including, if applicable, evidence that the applicant is any of the following—
(i) an eligible person within the meaning of the State Concessions Act 2004;
(ii) a recipient of a Commonwealth Centrelink payment;
Reg. 9(1)(c)(iii) amended by S.R. No. 96/2021 reg. 10(b).
(iii) eligible for the Extreme Hardship Support Program administered by the Department of Families, Fairness and Housing;
(iv) a person experiencing financial hardship with insufficient access to funds;
(v) a survivor of family violence;
(vi) a refugee within the meaning of section 5H of the Migration Act 1958 of the Commonwealth;
(vii) a person experiencing acute health issues;
Reg. 9(1)
(c)(viii) amended by S.R. No. 96/2021 reg. 10(c).
(viii) a person who obtained a ticket for the person's travel to Australia before 10 July 2020;
(ix) a person for whom the fees should otherwise be waived on compassionate grounds due to exceptional circumstances relevant to the person.
(2) For the purposes of section 259(2)(b) of the Act, the prescribed period is 30 days after COVID-19 Quarantine Victoria has given the relevant invoice.
(3) COVID-19 Quarantine Victoria may consider an application for the waiver of payment of fees that is not made within the prescribed period if satisfied that exceptional circumstances apply to the person making the application.
10 Assessment of application for waiver of quarantine detention fees
(1) For the purposes of section 259(3) of the Act, in considering an application COVID-19 Quarantine Victoria must have regard to—
(a) any evidence provided by the person in support of the application; and
(b) any other matters and circumstances that it considers to be relevant.
(2) For the purposes of section 259(3) of the Act, in considering an application COVID-19 Quarantine Victoria may request further documentary evidence from the person as necessary to determine the application.
11 Notice of decision on application for waiver of quarantine detention fees
For the purposes of section 259(5)(b) of the Act, the prescribed information is the following—
Reg. 11(a) amended by S.R. No. 96/2021 reg. 11.
(a) the name of the applicant and of any other persons to whom the notice applies;
(b) the date of the decision of COVID-19 Quarantine Victoria;
(c) if a waiver is approved—
(i) the amount waived; and
(ii) the amount remaining to be paid; and
(iii) the date by which any remaining amount must be paid;
(d) if a waiver is refused—
(i) the reason for refusal; and
(ii) the date by which the outstanding amount must be paid.
Reg. 12 inserted by S.R. No. 165/2021 reg. 7.
12 Waiver of quarantine detention fees on initiative of COVID-19 Quarantine Victoria
(1) For the purposes of section 260A(1) of the Act, the prescribed matters are the following—
(a) whether the person is eligible to apply for a waiver under section 259(1) of the Act;
(b) if the person is eligible to apply for a waiver, whether it is impractical for the person to apply.
(2) For the purposes of section 260A(3) of the Act, the prescribed circumstances are—
(a) that the person is a refugee within the meaning of section 5H of the Migration Act 1958 of the Commonwealth; or
(b) that the person is deceased; or
(c) that there are compassionate grounds for not giving notice.
Reg. 13 inserted by S.R. No. 165/2021 reg. 7.
13 Further payment reminder notice fee
For the purposes of section 260D of the Act, the prescribed further payment reminder notice fee is $59.20.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Public Health and Wellbeing (Quarantine Fees) Regulations 2020, S.R. No. 149/2020 were made on 22 December 2020 by the Governor in Council under sections 232, 238A, 238B, 238C, 239 of the Public Health and Wellbeing Act 2008, No. 46/2008 and are taken to have come into operation on 7 December 2020: regulation 3.
The Public Health and Wellbeing (Quarantine Fees) Regulations 2020 will sunset 10 years after the day of making on 22 December 2030 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Public Health and Wellbeing (Quarantine Fees) Regulations 2020 by statutory rules, subordinate instruments and Acts.