COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 20 OCTOBER 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.


ASIC Corporations (Amendment) Instrument 2021/848

  • Amends the ASIC Corporations (COVID-19 - Advice-related Relief) Instrument 2021/268 to give effect to two temporary relief measures that facilitate access to timely and affordable personal advice for existing clients of providing entities that is in connection with the adverse economic effects of COVID-19.

Child Support (Assessment) (MTAWE amount) Determination 2021

  • Determines an amount under Section 5A(6) of the Child Support (Assessment) Act 1989, which is necessary for child support assessment purposes because the publication of trend estimates for the Average Weekly Earnings series, ordinarily published by the Australian Statistician, has been suspended in 2020 and 2021 due to the impact of the COVID-19 pandemic on the labour market.

Defence Determination, Conditions of Service (COVID-19 Response - Overseas) Amendment Determination 2021 (No. 21)

  • Amends the Defence Determination 2016/19, Conditions of service to provide bespoke benefits as a consequence of the COVID-19 pandemic for members on duty overseas who are returning to Australia.

Public Health (Jervis Bay Territory) Emergency Declaration Further Extension (No. 4) 2021

  • Extends the public health emergency declaration in the Jervis Bay Territory.

Safety, Rehabilitation and Compensation (Definition of ACT Employee - COVID-19 Emergency Response Volunteers) Declaration 2021

  • Declares that persons identified by the ACT Chief Health Officer in writing to be COVID-19 Response Volunteers who, without receiving any remuneration (other than payment of expenses incurred), assists in the delivery of ACT COVID emergency response services under the control or direction of an ACT Government officer, are taken to be an employee of the ACT for the purposes of the Act, when rendering such assistance.

Therapeutic Goods (Medical Devices - Donor Screening) (COVID-19 Emergency) Exemption 2021

  • Exempts certain medical devices from specified provisions of the Therapeutic Goods Act 1989, subject to certain conditions.

Operational Efficiencies (COVID-19) Legislation Amendment Act 2021

  • Permanently adopts certain legislative measures during the COVID-19 emergency and temporarily extends the expiry of measures put in place to assist the business activities of incorporated associations originally introduced through the COVID-19 Emergency Response Act 2020 and COVID-19 Emergency Response Legislation Amendment Act 2020.

Public Health (Aged Care Workers and Visitors COVID-19 Vaccination) Emergency Direction 2021 (No 2)

  • Restricts access by unvaccinated workers and visitors to residential aged care facilities

Public Health (Diagnosed People and Close Contacts) Emergency Direction 2021 (No 4)

  • Requires people who are diagnosed with COVID-19 to self-isolate and people identified as a close contact to quarantine, in order to limit the spread of COVID-19.

Public Health (Health Care and Support Workers COVID-19 Vaccination) Emergency Direction 2021

  • Restricts a vulnerable population from being exposed to unvaccinated workers within health care facilities.

Public Health (Restricted Activities) Emergency Direction 2021 (No 1)

  • Places restrictions on gatherings and visitors at residences, conditions for non-restricted businesses, activities and undertakings, and restrictions on visitors to residential aged care facilities, and imposes mask requirements, among other things.

Public Health (COVID-19 Aged Care Facilities) Amendment (No 2) Order 2021

  • Amends the Public Health (COVID-19 Aged Care Facilities) Order 2021 to update the name of the Order, require certain workers, health practitioners and students entering and remaining on the premises of a residential aged care facility to have received a dose or two doses of a COVID-19 vaccine by specified dates, require certain aged care workers providing in-home and community aged care and persons providing support services to have received a dose or two doses of a COVID-19 vaccine by specified dates, and require evidence of vaccination and provide for exemptions from requirements relating to vaccination in certain circumstances - came into force on 14 October 2021.

Public Health (COVID-19 General) Amendment Order (No 2) 2021

  • Gives effect to the roadmap for easing restrictions when 80% of the population of NSW who are over 16 years of age are fully vaccinated against COVID-19 - came into force at 6.22pm on 15 October 2021 and 18 October 2021.

COVID-19 Hotspots and Border Zone Declaration

  • Identifies COVID-19 hotspots for Public Health Direction - Border Restrictions Direction (No. 49) or its successor, COVID-19 hotspots for other public health directions about the movement of people to or from COVID-19 hotspots, and restricted and non-restricted Border Zone LGAs for other public health directions about the movement of people to or from COVID-19 hotspots, and revokes 12 LGAs in Tasmania as COVID-19 hotspots.

Rural and Regional Adjustment (Further Variation of COVID-19 Business Support Grants Scheme (August 2021)) Amendment Regulation (No. 2) 2021

  • Amends the COVID-19 Business Support Grants Scheme (August 2021) further to provide for a one-off $5,000 ongoing hardship grant to certain businesses and non-profit organisations in the ‘border area’ if they have been continuously affected by ‘border closure events’ between 14 August 2021 and 14 October 2021.

Approval of Governor of Extension of a Major Emergency Declaration

  • Approves the further extension of the Declaration for a period of 28 days commencing 18 September 2021.

COVID-19 Emergency Response (Section 16) (Affidavits) Variation Regulations 2021

  • Inserts provisions relating to the taking of affidavits by audio visual link.

Emergency Management (Cross Border Travel - Associated Direction No 58) (COVID-19) Direction 2021

  • Applies levels of requirements applying to people arriving from specified restricted zones, modifies the General Direction in its application 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.

Area Lockdown Directions

  • Restricts movement in and out of restricted areas (Brighton Council, Central Highlands Council, Clarence City Council, Derwent Valley Council, Glamorgan-Spring Bay Council, Glenorchy City Council, Hobart City Council, Huon Valley Council, Kingborough Council, Sorell Council, Southern Midlands Council, Tasman Council).

Class Exemptions Under Area Lockdown Directions

  • Details three classes of persons (Tasmanian transport, freight and logistics workers, Tasmanian ambulance or patient transport workers, Tasmanian persons transporting organs and tissues) who are exempt from the requirements in Direction 7 if, whilst the Directions are in force, they enter a restricted area in the course of their work for a permitted purpose to enter and then exit the restricted area for that same permitted purpose, unless that person ordinarily works or resides within the restricted area.

Direction Under Section 16 (Gatherings - Lockdown No. 3)

  • Restricts the types of premises which may be open in the southern region of Tasmanian (Brighton Council, Central Highlands Council, Clarence City Council, Derwent Valley Council, Glamorgan-Spring Bay Council, Glenorchy City Council, Hobart City Council, Huon Valley Council, Kingborough Council, Sorell Council, Southern Midlands Council, Tasman Council) and places density limits on premises, among other things.

Direction Under Section 16 (Hospitals No. 10)

  • Restricts access to hospitals in the southern region of Tasmania.

Direction Under Section 16 (Mass Gatherings No. 5)

  • Places restrictions on the number of people who can gather at certain premises.

Direction Under Section 16 (Southern Region Additional Aged Care Restrictions No. 2)

  • Restricts access to residential aged care facilities in the southern region of Tasmania.

Directions in Relation to Persons Arriving in Tasmania

  • Sets the requirements for entry into Tasmania including prohibiting Affected Persons from entering Tasmania unless they are an Authorised Person and requiring Authorised Persons entering Tasmania to quarantine as specified.

Area Directions (No. 26)

  • Identifies areas (change: Mitchell Shire has been removed from the meaning of ‘Restricted Area’) within Victoria which have a higher prevalence of, or risk of exposure to, COVID-19 and which are subject to specific directions which are reasonably necessary to protect public health - came into force at 11.59 pm on 13 October 2021.

COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No. 8)

  • Continues to impose obligations upon operators, in relation to the vaccination of workers, of residential aged care facilities and construction sites and extends those obligations to the operators of healthcare facilities and education facilities - came into force at 11:59 pm on 15 October 2021.

COVID-19 Mandatory Vaccination (Workers) Directions (No. 3)

  • Imposes obligations upon employers in relation to the vaccination of workers (as outlined in Schedule 1), in order to limit the spread of COVID-19 within the population of these workers - came into force at 11.59 pm on 15 October 2021.

Restricted Activity Directions (Regional Victoria) (No. 15)

  • Restricts the operation of certain businesses and undertakings in Regional Victoria to address the serious public health risk posed to Victoria by COVID-19 - came into force at 11.59 pm on 14 October 2021.

Restricted Activity Directions (Restricted Areas) (No. 22)

  • Restricts the operation of certain businesses and undertakings in the Restricted Area to address the serious public health risk posed to Victoria by COVID-19 - came into force at 11.59 pm on 14 October 2021.

Workplace (Additional Industry Obligations) Directions (No 51)

  • Establishes additional specific obligations on employers and workers in specific industries in relation to managing the risk associated with COVID-19 and includes additional requirements for workplaces in relation to IVF procedures and procedures for eggs for future IVF procedures - came into force at 11.59 pm on 14 October 2021.

COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 7) 2021

  • Prohibits persons travelling to a secondary home or place of residence, after a Government announcement of an alert level change, allows school students to travel to their school hostel in the alert level 2 area and then return to their home or place of residence in the alert level 3 area, requires students travelling to school hostels to carrying evidence of their permission to travel when travelling to an alert level 2 area, requires certain students to undergo certain COVID-19 testing before traveling, and provides additional restrictions for exercise and recreation and outdoor gatherings, among other things. 

COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021

  • Amends the  COVID-19 Public Health Response (Isolation and Quarantine) Order 2020, to require participants of the self-isolation pilot programme to comply with subpart 1 of new Part 1B of the Isolation and Quarantine Order, and with the conditions of the program instead of the requirements of Part 1 of that order, and require a participant’s employer to take all reasonable steps to ensure that the participants complies with the programs requirements, among other things.

COVID-19 Public Health Response (Required Testing) Amendment Order (No 4) 2021

  • Amends the COVID-19 Public Health Response (Required Testing) Order 2020 to impose testing requirements that apply to affected education services (early childhood services (not including playgroups), registered schools, and hostels) in the alert level 3 area.

COVID-19 Public Health Response (Vaccinations) Amendment Order (No 2) 2021

  • Amends the COVID-19 Public Health Response (Vaccinations) Order 2021 to update the vaccination requirement for affected persons to acknowledge that an affected person may have been vaccinated, or partially vaccinated, with other types of COVID-19 vaccines available overseas, and to insert a new clause 9A that enables the Director-General of Health to authorise an affected person who has not been fully vaccinated to carry out certain work, among other things.

Directions Under the Education and Training Act 2020 to all Registered Schools Conducting Senior Examinations in any COVID-19 Alert Level 3 Area

  • Prohibits students from attending school to sit examinations unless the specified conditions are met.

Special Direction - Extension of Visas Held by a Class of Onshore Persons Whose Visas are Expiring to Manage Effects and Deal with Consequences of Measures Taken to Contain or Mitigate the Outbreak of COVID-19 or its Effects

  • Extends, by 6 months, the visas held by persons who are in NZ on 1 November 2021, and hold a Working Holiday Scheme or a Working Holidaymaker Extension temporary visa (Working Holiday visa) with an expiry date between 21 December 2021 and 30 June 2022.

Special Direction - Extension of Visas Held by a Class of Onshore Persons Whose Visas are Expiring to Manage Effects and Deal with Consequences of Measures Taken to Contain or Mitigate the Outbreak of COVID-19 or its Effects

  • Extends, by 6 months, the visas held by persons who are in NZ on 1 November 2021, and hold a Supplementary Seasonal Employment temporary visa (SSE visa) with an expiry date between 31 December 3021 and 30 June 2022 (inclusive).

Special Direction - Waiver of Requirement to Provide a Chest X-Ray Certificate for Certain Onshore RSE Limited Visa Applications in Order to Deal with Consequences of Measures Taken to Contain or Mitigate the Outbreak or Effects of COVID-19

  • Waives by special direction, the prescribed requirement under Regulation 10(2)(e)(iii) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 for certain applicants for a Recognised Seasonal Employer (RSE) Limited Visa, as specified, to provide a Chest X-Ray certificate.

FROM THE REGULATORS












That completes this edition of the COVID-19 update. The next update will be released on Wednesday 27 October 2021.