Anyone entering the Queensland Supreme and District courts who is not double vaccinated will be required to wear a face mask at all times, other than when speaking in court.
The new practice direction was issued this week "in light of the greater prospect of community transmission of the COVID-19 virus" with the reopening of the state's borders.
It stipulates that any lawyer or unrepresented person who has not received two doses of an approved vaccine, or who is aware that a client or witness who is not, should notify the court at least 24 hours prior to arrival, and ensure they are aware of the direction.
"Early notification to the relevant registry will permit the court to give proper consideration to any necessary alternative arrangements," the direction said.
The direction also said all persons entering a court should check in when entering the building and again at individual courtrooms using the Check In Qld app and practise safe distancing.
"This direction is aimed at ensuring that the courts, as an essential service, continue to provide access to justice while ensuring the health and safety of all participants," the direction said.
Queensland Law Society president Elizabeth Shearer backs the direction, suggesting it is an appropriate response in preparation for community transmission.
She said the courts were an essential service and were not subject to a government mandate, so have "had to come to their own decision about what will be appropriate measures to put in place".
"So, the practice direction, requiring people to disclose their vaccination status and if they're not vaccinated to wear a mask, is a sensible precaution," she said.
Calls for emphasis on improving digital technology in courts
Ms Shearer said the COVID-19 pandemic was forcing courts to increase their use of technology and was something that needed to continue.
"The state's courts have really been left behind in terms of technology," she said.
"There's a project underway about introducing e-filing, introducing digital records rather than paper copy … we're very keen, as are the courts, to see that e-project extended to the courts in the coming year.
"The use of technology can certainly facilitate better practice, and the courts did adopt technology at various stages during 2020 — some matters can be dealt with adequately, some matters have to be delayed and, of course, the delay is not optimal from anyone's perspective."
Ms Shearer said the Law Society advocated for using digital technology, in appropriate cases, not just in response to the pandemic because in a "large, decentralised state like Queensland, it really enhances access to justice".
