Spence v State of Queensland

The High Court of Australia considered the appeal in *Spence v State of Queensland*. The case concerned the validity of a notice issued under section 19(1) of the *Public Health Act 2005* (Qld) by a Queensland Health official, which directed the appellant, Ms. Spence, to remain in quarantine. Ms. Spence challenged the lawfulness of this direction, arguing it was invalid.

The central legal issue before the High Court was whether the notice issued to Ms. Spence was a valid exercise of the power conferred by section 19(1) of the *Public Health Act 2005* (Qld). This required the Court to interpret the scope of the power to issue directions under that section, particularly in circumstances where the person to whom the direction was given was not a close contact of a declared person or a declared event.

The Court reasoned that section 19(1) of the *Public Health Act 2005* (Qld) permits a Chief Health Officer or an authorised person to issue a direction to a person if they are satisfied that the person is a "close contact" of a "declared person" or a "declared event". The Court found that Ms. Spence did not meet the definition of a "close contact" as defined in the relevant public health directions at the time the notice was issued. Consequently, the Court held that the notice requiring Ms. Spence to remain in quarantine was not a valid exercise of the power under section 19(1) of the Act.

The High Court allowed the appeal and declared that the notice issued to Ms. Spence was invalid.