COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 8 SEPTEMBER 2021
Please find below a selection of recent legislation changes relating to COVID-19 and communications for workplaces from key safety and environmental regulators in Australia and New Zealand.
This update is provided on a weekly basis.
LEGISLATION CHANGES
Please note: The legislation in this update was current at time of release. Legislation around COVID-19 is frequently updated and revoked. The URLs provided may no longer be maintained by the relevant legislative website, after the release date.
Aged Care Legislation Amendment (Vaccination Information) Principles 2021
- Imposes requirements on approved providers to keep records and report to the Commonwealth the number of service staff who have informed the approved provider they have received a single dose of a COVID-19 vaccination or all required doses of a COVID-19 vaccination, because they are obliged to provide that information to the approved provider under state or territory law.
- Amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 to extend the human biosecurity emergency period for a further 3 months until 17 December 2021.
Child Care Subsidy Amendment (Coronavirus Response Measures No. 6) Minister’s Rules 2021
- Amends the Child Care Subsidy Minister’s Rules 2017 to provide for the making of business continuity payments, called COVID-19 viability support payments, to approved child care providers affected by the COVID-19 pandemic.
National Health (Continued Dispensing - Emergency Measures) Amendment Determination 2021 (No. 8)
- Amends the National Health (Continued Dispensing - Emergency Measures) Determination 2020 to make changes to the pharmaceutical benefits eligible to be provided as a Continued Dispensing supply.
Paid Parental Leave Amendment (COVID-19 Work Test) Rules 2021
- Amends the existing Paid Parental Leave Rules 2021 to allow calculation of the number of hours of qualifying work performed by people who have received a COVID-19 Australian Government payment to count towards the work test for Paid Parental Leave.
- Amends the table in Section 5 of the Taxation Administration (Data Sharing - Relevant COVID-19 Business Support Program) Declaration 2021, to declare additional programs in South Australia and the Australian Capital Territory as relevant COVID‑19 business support programs.
- Provides for contributions made to, or for the benefit of, a member of the local live performance industry for the purpose of providing music or other live entertainment (other than sport) for club members and patrons, to be community purpose contributions for the purpose of providing relief or assistance to the community in relation to a COVID-19 emergency.
Leases (Commercial and Retail) COVID-19 Emergency Response Declaration 2021
- Re-introduces the requirement for good faith negotiations between parties with regard to the overarching principles and leasing principles set out in National Cabinet’s Code of Conduct, prior to a landlord terminating a commercial lease or taking adverse action against an impacted tenant for a prescribed breach.
Public Health (Lockdown Restrictions) Emergency Direction 2021 (No 6)
- Requires persons to stay at home unless for one of the permitted reasons, restricts visitors at residences, requires face masks to be worn outside of a person’s residence and carried at all times, restricts certain businesses, activities and undertakings, and restricts the entry to and exit from the ACT, among other things.
Residential Tenancies (COVID-19 Emergency Response) Declaration 2021 (No 3)
- Introduces a moratorium on evictions for those in our community who are in quarantine and for those who are unable to meet their commitments under a residential tenancy agreement due to the impact of COVID-19.
- Provides that certain parts of the Road Transport (Road Rules) Regulation 2017 applying to specified parking areas and the Road Transport (General) (Pay Parking Area Fees) Determination 2021 (No 1) do not apply for the duration of the lockdown.
Road Transport (General) (COVID-19 Emergency Response) Application Order 2021 (No 1)
- Orders that sections of the Road Transport (Vehicle Registration) Regulation 2000, Road Transport (Driver Licensing) Regulation 2000 and the Road Transport (Offences) Regulation 2005 are varied in response to the current emergency.
Approval 27 August 2021 - Poisons and Therapeutic Goods Regulation 2008 (NSW)
- Revokes the approval signed on 28 July 2021 and approves the AstraZeneca vaccine, Pfizer vaccine and the Moderna vaccine for the purposes of Clause 48A(1A)(d) of the Regulations, subject to certain conditions.
- Exempts certain people from the requirement to obtain a permit under Clause 4.3(2), 4.3A, and 5.4(2) of the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 as outlined in the exemption.
- Exempts certain inspectors, authorised officers and police officers from certain requirements under the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021.
- Permits an exempt person to leave their place of residence, subject to certain conditions.
Private Health Facilities Amendment (COVID-19 Prescribed Period) Regulation (No 2) 2021
- Extends the operation of the Private Health Facilities Act 2007, Section 70, which was enacted in response to the COVID-19 pandemic.
Public Health Amendment (COVID-19 Penalty Notice Offences) Regulation (No 4) 2021
- Updates, for the purpose of penalty notice offences, the reference to the Public Health (COVID-19 Self-Isolation) Order (No 2) 2021 to a reference to the Public Health (COVID-19 Self-Isolation) Order (No 3) 2021, and includes a penalty notice amount of $10,000 for an offence by a corporation under that Order.
- Makes further provision concerning the holding of, and attendance at, small wedding services, and makes it clear that the direction preventing workers in areas of concerns from leaving the areas to work is limited to workers who live in the areas - came into force on 1 September 2021 and 3 September 2021.
- Removes the 1 hour limit on exercise in areas of concern - came into force on 3 September 2021.
- Amends the COVID-19 vaccination requirements for authorised workers leaving an area of concern for work - came into force on 5 September 2021.
Public Health (COVID-19 Self-Isolation) Order (No 3) 2021
- Repeals and remakes the Public Health (COVID-19 Self-Isolation) Order (No 2) 2021 with changes to allow for the declaration of high risk premises and the application of additional directions to control the transmission of COVID-19 amongst persons in those premises - came into force on 6 September 2021.
COVID-19 Directions (No. 52) 2021 - Directions for Quarantine Facilities
Disability Accommodation Services Direction (No.23)
- Imposes requirements for share disability accommodation services, access to non-restricted shared disability accommodation services, restricted shared disability accommodation services, electronic collection of contact information, and student access to shared disability accommodation services, among other things.
Hospital Entry Direction (No. 4)
- Imposes requirements for entry to hospitals, visitor access to non-restricted hospitals, entry to restricted hospitals, electronic collection of contact information, and student access to hospitals, among other things.
Management of Close Contacts Direction (No.3)
- Imposes requirements for persons who have been informed that they are a close contact of someone who has COVID-19 and must quarantine for 14 days from the day they last had contact with that person.
Management of Secondary Contacts Direction
- Imposes requirements for persons who reside in the same residence as a person who has been informed that they are a close contact of someone who has COVID-19 and must quarantine for 14 days from the day they last had close contact with.
Residential Aged Care Direction (No.7)
- Imposes requirements for residential aged care facilities, vaccination and compliance regarding residential aged care facility staff and volunteers, access to non-restricted residential aged care facilities, restricted aged care facilities, electronic collection of contact information, and student access to residential aged care facilities, among other things.
Emergency Management (Cross Border Travel - Associated Direction No 48) (COVID-19) Direction 2021
- Applies levels of requirements to people arriving from specified restricted zones, modifies the application of the General Direction to certain categories of people, imposes a requirement that most arrivals from high-risk jurisdictions be tested and have commenced being vaccinated against COVID-19, and imposes testing requirements on commercial transport freight workers, including those arriving from zones that are not restricted zones.
Direction Under Section 16 - Hospitals - No. 8
- Restricts access to hospitals except in certain circumstances.
Direction Under Section 16 - Mandatory Vaccination of Certain Workers - No. 2
- Requires certain residential aged care, quarantine transport service, and quarantine site workers to be sufficiently vaccinated against COVID-19.
Direction Under Section 16 - Testing of Workers at Quarantine Sites - No. 3
- Requires certain persons who were present on a quarantine site on or after the commencement of this direction to undergo a saliva screening test on each day he or she is present on the relevant quarantine site and undergo a nasal swab test as required by this direction.
- Facilitates the COVID-19 vaccine program by authorising certain tertiary students to undertake authorised vaccination activities in relation to the COVID-19 vaccine.
- Facilitates the COVID-19 vaccine program by authorising certain dentists, dental practitioners, physiotherapists, occupational therapists, podiatrists, optometrists, medical radiation practitioners, pharmacists, intern pharmacists, speech pathologists, dietitians, orthoptists, orthotists and prosthetists, certain pathology collectors, medical laboratory scientists and technicians, researchers or scientists, medical science students, and dental assistances to undertake authorised vaccination activities in relation to the COVID-19 vaccine.
Restricted Activity Directions (Victoria) (No. 27)
- Restricts the operation of certain businesses and undertakings in Victoria to address the serious public health risk posed to Victoria by COVID-19 - came into force at 11.59 pm on 2 September 2021.
Stay at Home Directions (Victoria) (No. 8)
- Requires everyone in the State of Victoria to limit their interaction with others by restricting circumstances in which they may leave the residence, restricting public and private gatherings, including prohibiting visitors to another person’s home other than in limited circumstances, and requiring face coverings to be work indoors and outdoors - came into force at 11:59 pm on 2 September 2021.
Victorian Border Crossing Permit Directions (No. 30)
- Continues to provide a ‘traffic light’ border crossing scheme for persons seeking to enter Victoria from any other State or Territory in Australia, or after entering Australia from a Green Zone Country, in order to limit the spread of COVID-19 - came into force at 6:00 pm on 3 September 2021.
Workplace (Additional Industry Obligations) Directions (No. 40)
- Establishes additional specific obligations on employers and workers in specific industries in relation to managing the risk associated with COVID-19 - came into force at 11:59 pm on 2 September 2021.
- Limits the number of Victorians attending Work Premises to assist in reducing the frequency and scale of COVID-19 outbreaks in Victorian workplaces and establishes more specific obligations on employers and workers in relation to managing the risk of COVID-19 - came into force at 11:59 pm on 2 September 2021.
Extension of Declaration (No. 2) of Public Health State of Emergency
- Extends the duration of the public health state of emergency declaration for a period of 14 days.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) Amendment Order 2021
- Amends requirements relating to movement between the alert level 4 area and the alert level 3 area, permitted travel within the alert level 4 area and alert level 3 area, physical distancing and travel, and food and drink delivery, and removed Northland from the alert level 4 area, among other things.
Exemption of Persons from Pre-departure Testing Requirements Before Arriving in New Zealand by Air
- Exempts certain persons, arriving in New Zealand by air, from the requirements for pre-departure COVID-19 testing or examination by a medical practitioner set out in Clause 8(2B) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020.
Extension of Reporting Time Limits Under the National Animal Identification and Tracing Act 2012
- Provides alternative time limits to those prescribed by the National Animal Identification and Tracing (Obligations and Exemptions) Regulations 2012 for the provision of information by any person in charge of animals (PICA).
- Exempts certain persons and activities relating to the 2021 West Auckland floods from certain provisions of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 2021.
FROM THE REGULATORS
Australian Government:
- Four Million Pfizer Doses Arrive to Super-Charge Vaccine Roll Out
- National Cabinet Statement - 3 September 2021
Therapeutic Goods Administration:
ACT Government:
- AstraZeneca Interval Reduced to 4 - 8 Weeks Due to Delta Outbreak
- Better Access to Vaccination and Testing for People With a Disability
- COVID-19 Vaccine Bookings Open for 16-29 Year Old Canberrans
- Priority Vaccinations for Year 12 Students and Education Staff
ACT Health:
Justice and Community Safety:
WorkSafe ACT:
The Queensland Cabinet and Ministerial Directory:
Tasmanian Government:
- Checking in on Public Transport
- COVID-19 Vaccinations - Bookings Open for 12-15 Year Olds
- Tasmanian Businesses Respond to Calls to Sign Up to Check In Tas App
- Vaccination Program Ramps Up
- Vaccination to be Mandatory for Health Care Workers
- Victorian Man Fined $3114 for Providing False Information to Enter Tasmania Unlawfully
Victorian Building Authority:
Victorian Government:
- Backing Victorian Universities When They Need It Most
- Coronavirus Restrictions to Lift for Regional Victoria
- Educating Victorians on New Four Bin Recycling Services
- Extended Support for Victorian Businesses
- More Pandemic Support for Those Who Need It Most
- More Workers on Their Way to Support Seasonal Harvest
- New Monash Hubs to Boost COVID Vaccine Manufacturing
- Supporting Renters and Rough Sleepers Doing It Tough
Ministry of Health:
NZ Government:
- Criteria Set for NCEA if Lockdown Impacts Learning
- Government Increases Whānau Support for COVID-19 Response
- Major Boost to Support the Pacific Community in the Face of COVID-19
- New Māori COVID-19 Communication Portal
- Resurgence Support Payment Amended to Include New Businesses
- Support Available for Anyone Feeling Unsafe During Lockdown
- Transport to Drive Economic Recovery
WorkSafe:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 15 September 2021.