COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 22 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.


Defence (Individual Benefits) Determination 2021 (No. 5)

  • Enables a member of the Australian Defence Force (ADF) and the member’s partner to return to Australia to undertake further service in the ADF.

National Health Amendment (COVID-19) Act 2021

  • Amends the National Health Act 1953 to facilitate the  purchasing of COVID-19 vaccines, inclusive of boosters, and necessary consumables, and COVID- 19 treatments.

National Health (COVID-19 Supply of Pharmaceutical Benefits) Amendment (Further Extension) Special Arrangement 2021

  • Extends the date of repeal of the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 by three months so it is repealed at the start of 1 January 2022.


COVID-19 Emergency Response (Check-in Information) Amendment Act 2021

  • Has the effect of exclusively reserving personal information collected through the ACT Government’s Check In CBR App for contact tracing purposes and compliance with its provisions.

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

  • Limits the spread of COVID-19 within a particularly vulnerable population by restricting access by unvaccinated workers to residential aged care facilities.

Public Health (Lockdown Restrictions) Emergency Direction 2021 (No 9)

  • Requires persons to stay at home except 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.

Road Transport (General) Application of Road Transport Legislation (COVID-19 Parking Arrangements) Declaration 2021 (No 2)

  • 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 from 18 September 2021 to 31 October 2021.


Constitution (COVID-19 Emergency Measures) Amendment (Prescribed Period) Regulation 2021

  • Extends the period during which meetings of the Executive Council may be held in person or by teleconference or video conference because of the COVID-19 pandemic - came into force on 17 September 2021.

Interpretation (COVID-19 Emergency Measures) Regulation 2021

  • Extends the power of a person to modify statutory time periods and prescribes matters for the purposes of the Interpretation Act 1987 - came into force on 17 September 2021.

Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) Amendment (No 9) Order 2021

  • Removes the curfew currently in place in areas of concern - came into force on 15 September 2021.

Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) Amendment (No 10) Order 2021

  • Makes changes to the regional NSW stay at home area by adding and removing certain LGAs - came into force on 16 September 2021.

Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) Amendment (No 11) Order 2021

  • Temporarily adds the LGA areas of Hilltops and Glen Innes Severn Shire to the regional NSW stay at home area - came into force at 6 pm on 17 September 2021.

Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) Amendment (No 12) Order 2021

  • Makes further provision about public swimming pools, visits and activities in stay at home areas and areas of concern - came into force on 20 September 2021 and 27 September 2021.

Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) Amendment (No 13) Order 2021

  • Adds the Cowra LGA to the regional NSW stay at home area from 5 pm on 20 September 2021 and corrects a typographical error - came into force at 5 pm on 20 September 2021.

Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) Amendment (No 14) Order 2021

  • Temporarily includes the LGAs of Byron, Tweed and Kempsey as part of the regional NSW stay at home area, permits up to 3 persons who are 18 years of age or less to meet at a residence in a stay at home area or area of concern for recreation or study, and amends the maximum number of persons permitted on construction sites in Greater Sydney where persons are vaccinated - came into force on 21 September 2021 and 27 September 2021.

Public Health (COVID-19 Aged Care Facilities) Order 2021

  • Provides that from 9 am on 17 September 2021 persons employed at residential aged care facilities and contractors providing health and personal care services in those facilities may only enter the facility if they have received at least 1 dose of a COVID-19 vaccine - came into force at 9 am on 17 September 2021.

Public Holidays Amendment (City of Lismore) Order 2021

  • Cancels, because of the COVID-19 pandemic, the part-day public holiday declared for the City of Lismore local government area on 23 September 2021 - came into force on 15 September 2021.

Retirement Villages (COVID-19 Access to Retirement Villages) Order 2021

  • Exempts retirement villages, residents and operators of retirement villages from provisions of or under the Retirement Villages Act 1999 that require non-compliance with an order under Section 7 of the Public Health Act 2010 relating to COVID-19 - came into force on 17 September 2021.

Retirement Villages (COVID-19 Budget and Expenditures) Order No 2 2021

  • Exempts retirement villages, residents and operators of retirement villages from provisions of or under the Retirement Villages Act 1999 that require non-compliance with an order under Section 7 of the Public Health Act 2010 relating to COVID-19 - came into force on 17 September 2021.

Retirement Villages (COVID-19 Consent of Residents) Order 2021

  • Exempts retirement villages, residents and operators of retirement villages from provisions of or under the Retirement Villages Act 1999 that require non-compliance with an order under Section 7 of the Public Health Act 2010 relating to COVID-19 - came into force on 17 September 2021.

Retirement Villages (COVID-19 Meeting Requirements) Order No 2 2021

  • Exempts the operator of a retirement village from liability for non-compliance with Sections 41, 69A and 72 of the Retirement Villages Act 1999 - came into force on 17 September 2021.

Retirement Villages (COVID-19 Services & Facilities) Order No 2 2021

  • Exempts the operator of a retirement village from liability for non-compliance with Sections 60, 61 and 62 of the Retirement Villages Act 1999 - came into force on 17 September 2021.

Requirement Villages (COVID-19 Village Rules) Order No 2 2021

  • Exempts the operator of a retirement village from liability for non-compliance with Section 51 of the Retirement Villages Act 1999 - came into force on 17 September 2021.

Stronger Communities Legislation Amendment (COVID-19) Regulation 2021

  • Postpones the dates on which special statutory provisions enacted in response to the COVID-19 pandemic are repealed, and extends the periods during which special statutory provisions enacted in response to the COVID-19 pandemic have effect - came into force on 15 September 2021.



Extension of Operation of Declaration of Public Health Emergency

  • Extends the operations of the declaration of the public health emergency for 90 days from 19 September 2021.

Border Restrictions Direction (No. 44)

  • Restricts entry to Queensland by persons who have been in a COVID-19 hotspot and sets entry, vaccination and face mask requirements for border zone residents.

Disaster Management (Further Extension of Disaster Situation - COVID-19) Regulation (No. 3) 2021

  • Further extends the period of the disaster situation declared for the whole of the State of Queensland for 90 days.

Nature Conservation and Other Legislation (COVID-19-Fee Waiver) Amendment Regulation 2021

  • Provides a mechanism for the daily fees not to be charged for activities occurring during the period 1 July 2021 to 30 June 2022 consistent with the Tourism and Hospitality Sector COVID-19 Lockdown Support Package.

Planning Amendment Regulation (No. 1) 2021

  • Extends the expiry date of economic support instrument (ESI) provisions under the Amendment Regulation by 12 months until 17 September 2022 to continue to assist Queensland’s economic recovery from COVID-19, among other things.

Rural and Regional Adjustment (Further Variation of COVID-19 Business Support Grants Scheme (August 2021)) Amendment Regulation 2021

  • Extends eligibility under the COVID-19 Business Supports Grants Scheme to include businesses and non-profit organisations that were trading within a ‘border area’ in Queensland on 31 July 2021 and have been impacted by a ‘border closure event’ - the imposition of restrictions on the reasons for which a person may enter Queensland from areas in the border zone in New South Wales while the areas are declared COVID-19 hotspots under Border Restrictions Direction (No. 35) or its successors.


Approval of Extension of a Major Emergency Declaration Under Section 23

  • Further extends the declaration of a major emergency for a period of 28 days commencing on 18 September 2021.

COVID-19 Emergency Response (Expiry) (No 3) Amendment Act 2021

  • Extends the expiry date in Section 6(2)(b) of the COVID-19 Emergency Response Act 2020 to 30 April 2022, among other things.

Emergency Management (Cross Border Travel - Associated Direction No 52) (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.

Emergency Management (Supervised Quarantine No 11) (COVID-19) Direction 2021

  •  Sets requirements for vaccination, PPE, testing and compliance for employees and contractors of work in medi-hotels, quarantine facilities and certain airport sites, and sets requirements for persons undertaking supervised quarantine in medi-hotels and quarantine facilities, and for operators of quarantine facilities.

Direction Under Section 16 - Mandatory Vaccination of Certain Workers - No. 4

  • Requires certain residential aged care, medical or health, quarantine transport service, and quarantine site workers to be sufficiently vaccinated against COVID-19.

Direction Under Section 16 - Mask Wearing at Events - No. 3

  • Requires a person attending an event where 1000 or more persons are permitted to attend, whether in an indoor area or outdoor area, to wear a fitted face covering while he or she is attending the event, including while queuing for, or entering or exiting from the event, and requires the event organiser to inform each person attending the event that the person is required to wear a fitted face covering while attending the event.

Direction Under Section 16 - Testing of Transport, Freight and Logistics Workers - No. 1

  • Imposes testing requirements for persons arriving in Tasmania for the purpose of transport, freight or logistics and who are not required to isolate or quarantine on arrival.

Direction Under Section 16 - Testing of Workers at Quarantine Sites - No. 4

  • Requires a person who was present on a quarantine site on or after the commencement of this direction to undergo testing as required.


Area Directions (No 18)

  • Identifies areas 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 20 September 2021.

COVID-19 Mandatory Vaccination Directions (No 2)

  • Provides for the introduction of mandatory vaccination for specific workplace industries (residential aged care facilities and construction sites) in order to limit the spread of COVID-19 - came into force at 11.59 pm on 17 September 2021.

Care Facilities Directions (No. 45)

  • Restricts access to care facilities in order to limit the spread of COVID-19 within a particularly vulnerable population - came into force at 11.59 pm on 17 September 2021.

Restricted Activity Directions (Regional Victoria) (No 9)

  • 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 17 September 2021.

Restricted Activity Directions (Restricted Areas) (No 16)

  • 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 17 September 2021.

Stay at Home Directions (Restricted Areas) (No 22)

  • Requires everyone in the restricted area to limit their interaction with other by restricting the circumstances in which they may leave the premises where they ordinarily reside, restricting public and private gatherings, including prohibiting visitors to another person’s home other than in limited circumstances, and requiring face coverings to be worn indoors and outdoors - came into force at 11.59 pm on 17 September 2021.

Stay Safe Directions (Regional Victoria) (No 9)

  • Requires residents in Regional Victoria to restrict circumstances in which they may leave Regional Victoria, limit interactions with others by restricting private and public gatherings, and carry and wear face coverings at all times except in limited circumstances - came into force at 11.59 pm on 17 September 2021.

Workplace (Additional Industry Obligations) Directions (No 45)

  • Establishes additional specific obligations on employers and workers in specific industries in relation to managing the risks associated with COVID-19 - came into force at 1.59 pm on 21 September 2021.


Residential Aged Care Facility Worker Access Directions (No 2)

  • Restricts access to residential aged care facilities by workers who are not partially or fully vaccinated by certain dates, and requires owners, operators and persons in charge of such facilities to collect and maintain records of worker vaccination status.

COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) Amendment Order (No 3) 2021

  • Amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) 2021 in relation to ferry services, travelling into and out of an alert level area, carrying evidence of purpose of travel, essential personal movement within the alert level 4 area, face coverings, hired places for gathering, gaming machines, services provided at a person's home, ad veterinary services and animal health and welfare services.

COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) Amendment Order (No 4) 2021

  • Includes Upper Hauraki in the description of the alert level 4 area.

COVID-19 Resurgence Support Payments Scheme (August 2021) Amendment Order (No 2) 2021

  • Amends the COVID-19 Resurgence Support Payments Scheme (August 2021) Order 2021 to provide that a person is eligible for a second grant if the person experienced a minimum 30% decline in revenue in relation to a business or organisation during a second nominated 7-day period (which may overlap with the first).

Exemption of Persons from Requirements of the COVID-19 Public Health Response (Alert Level Requirements) Order (No. 11) 2021

  • Exempts all crew of ships who are departing an Alert Level 4 region having not boarded or disembarked their ship (except to complete an essential task in accordance with clause 21 of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020), and all shipping businesses and services which are considered Alert Level 4 businesses and services in Schedule 2 of the Order, subject to certain restrictions, from Clause 19A and 19B of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) 2021.

Extension of Reporting Time Limits Under the National Animal Identification and Tracing Act 2012

  • Provides alternative time limits for the provision of information by persons in charge of animals under the National Animal Identification and Tracing (NAIT) Act 2012.


FROM THE REGULATORS













That completes this edition of the COVID-19 update. The next update will be released on Wednesday 29 September 2021.