COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 25 AUGUST 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.
- Declares grant programs administered by the States of New South Wales and Victoria as eligible programs for the purposes of Section 59-97 of the Income Tax Assessment Act 1997, under which a payment received by a small business entity (as defined in that provision) from an eligible program is non‑assessable non-exempt income.
Taxation Administration (Data Sharing - Relevant COVID-19 Business Support Program) Declaration 2021
Medicines, Poisons and Therapeutic Goods Amendment Regulation 2021 (No 1)
- Supports the expansion of the COVID-19 vaccinating workforce at ACT Government operated vaccination clinics, to ensure the ACT has sufficient authorised immunisers to meet the forecast increase in the supply and demand for COVID-19 vaccines and meet vaccination targets set out by the Australian Government Vaccination Allocation Horizons.
Medicines, Poisons and Therapeutic Goods (COVID-19 Vaccine Administration) Approval 2021 (No 1)
- Approves specific persons to deal with a COVID-19 vaccine in certain ways.
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 of unvaccinated workers to residential aged care facilities.
Public Health (COVID-19 Areas of Concern) Notice 2021 (No 231)
- Identifies COVID-19 affected areas and places of concern.
Public Health (Diagnosed People and Close Contacts) Emergency Direction 2021 (No 2)
- Requires people who are diagnosed with COVID-19 to self-isolate and people identified as close contacts and secondary contacts to quarantine, in order to limit the spread of COVID-19.
Public Health (Lockdown Restrictions) Emergency Direction 2021 (No 4)
- Requires a person to stay at home unless they are leaving for a permitted purpose, restricts visitors at residences, requires a person to carry and wear a face mask outside their residence and restricts businesses, activities, undertakings, and entry and exit to and from the ACT, among other things.
Public Health Amendment (COVID-19 Delta Outbreak) Regulation 2021
- Updates cross-references in provisions authorising the issue of penalty notices as a consequence of the remaking of an order under the Public Health Act 2010, Section 7 - came into force on 21 August 2021.
Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021
- Repeals and remakes the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order 2021 which imposed a number of additional restrictions to address the outbreak of COVID-19 caused by the Delta variant of the virus - came into force on 21 August 2021.
- Enables a police officer who suspects a person does not have a reasonable excuse for being away from the person’s place of residence to direct the person to return to the place of residence, requires the wearing of fitted face coverings outdoors in a stay at home area, imposes a curfew that limits the circumstances in which a person who resides in an area of concern is permitted to leave the person’s residence between 9pm and 5am, requires authorised workers who leave an area of concern for work to have a permit and to be vaccinated, requires a person who enters an area of concern for work to have a permit, prevents certain retail premises (including hardware stores and garden centres) in an area of concern from being open to the public and instead to be open only to trade or business customers, removes an exception that enabled shops in an area of concern to be open if they predominantly sell office supplies or pet supplies, prevents educational institutions, other than schools, in an area of concern from conducting face to face teaching or assessment, requires certain care workers who reside or work in an area of concern to be vaccinated, extends the date on which the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 is repealed, and makes other minor amendments - came into force on 23 August 2021 and 28 August 2021.
Public Health (COVID-19 Self-Isolation) Order (No 2) Amendment Order 2021
- Requires a person who is residing or present at COVID-19 risk premises to respond to any request by a police officer for information about who is residing or present at the premises - came into force on 23 August 2021.
Public Health (COVID-19 Spitting and Coughing) Order (No 3) 2021
- Repeals and remakes, with minor changes, the Public Health (COVID-19 Spitting and Coughing) Order (No 2) 2021 - came into force on 21 August 2021.
Retirement Villages Amendment (Miscellaneous) Regulation 2021
- Enables the Minister for Better Regulation and Innovation to grant, by order published in the Gazette, exemptions 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 until 31 March 2022, among other things - came into force on 20 August 2021.
COVID-19 Directions (No. 44) 2021: Quarantine and Testing for Persons Who Have Exited Quarantine in a State or Another Territory
- Imposes requirements for mandatory quarantine and testing.
- Imposes requirements for wearing a face mask, restricts gatherings at private residences, and restricts certain places, businesses, activities and services, among other things.
COVID-19 Directions (No. 48) 2021: Directions for Aged Care Facilities
- Restricts entry to aged care facilities, and requires certain information to be collected regarding visitors, officers, employees and contractors.
COVID-19 Directions (No. 50) 2021: Directions to Apply in Katherine Following Lockdown
- Imposes requirements for wearing a face mask, restricts gatherings at private residences, and restricts certain places, businesses, activities and services, among other things.
COVID-19 Directions (No. 51) 2021: Amendment to COVID-19 Directions (No. 45) 2021
- Replaces the definition of 'health practitioner'.
Border Restrictions Direction (No. 38)
- Prohibits persons from entering Queensland if they have been in a COVID-19 hotspot unless permitted by the direction, and sets the entry requirements for border zone residents, among other things.
- Identifies COVID-19 hotspots for the purposes of certain Directions and declares the Jervis Bay Territory as a COVID-19 hotspot.
Quarantine for International Arrivals Direction (No. 11)
- Imposes quarantine requirements for international arrivals.
Residential Aged Care Direction (No.6)
- Restricts entry to aged care facilities, requires the development of a Workforce Management Plan for certain facilities, and imposes vaccination and mask requirements for facility staff and volunteers, among other things.
Restrictions for Impacted Areas (No. 14) (SEQ Eased Restrictions Stage 2) Direction
- Requires people living in, who have been in, or who reside with someone who has been in, an impacted area (Brisbane City Council, Gold Coast City Council, Ipswich City Council, Lockyer Valley Regional Council, Logan City Council, Moreton Bay Regional Council, Noosa Shire Council, Redland City Council, Scenic Rim Regional Council, Somerset Regional Council, and Sunshine Coast Regional Council) to wear a face mask, restricts the number of visitors to their home and limits gatherings, and also restricts business activities operating in impacted areas.
- Enables the Queensland Rural and Industry Development Authority to provide increased assistance to eligible business under the COVID-19 Business Supports Grants Scheme (August 2021).
Approval by the Governor of Extension of a Major Emergency Declaration
- Further extends the major emergency declaration for a period of 28 days commencing on 21 August 2021.
COVID-19 Emergency Response (Section 16) (Real Property Act) Variation Regulations 2021
- Revokes Regulation 5 of the COVID-19 Emergency Response (Section 16) Regulations 2020 relating to the suspension of specified requirements under Sections 128 and 267 of the Real Property Act 1886.
Emergency Management (Activities - Associated Direction No 10) (COVID-19) Direction 2021
- Amends provisions relating to definitions, density requirements, the cap on gatherings at home, private facilities, and private functions.
Emergency Management (Cross Border Travel - Associated Direction No 44) (COVID-19) Direction 2021
- Declares restricted zones and prescribed roads, applies cross border requirements to overseas arrivals, and to interstate arrivals from ACT, NSW, Victoria, Queensland, NT, and any other part of Australia, modifies certain provisions for self-quarantine, persons arriving by vessel, and essentials travellers.
Emergency Management (Residential Aged Care Facilities No 41) (COVID-19) Direction 2021
- Ensures that appropriate measures are taken to establish controls and safeguards to protect vulnerable members of the community, including by imposing restrictions on visitors and mandating vaccination and record-keeping requirements.
Direction Under Section 16 - Arrival Requirements for Certain Travellers into Tasmania - No. 9
- Requires certain travellers arriving in Tasmania to undergo a clinical assessment or test.
Direction Under Section 16 - Residential Aged Care Facilities - No. 15
- Restricts entry to residential aged care facilities and requires face coverings to be worn in such facilities, among other things.
Direction Under Section 16 - Stay at Home Requirements - Travellers from Queensland - No. 3
- Requires a person in Tasmania who was in a relevant local government area in Queensland at any time on or after 29 July 2021 but before 4pm on 8 August 2021, unless the person has only been transiting through the area or only broke their journey for the purposes of obtaining fuel or boarding an aircraft, to remain in the person’s primary residence unless for the specified purposes, among other things.
Direction Under Section 16 - Testing of Arrivals from New Zealand - No. 1
- Requires any person in Tasmania who was in New Zealand at any time on or after 4 August 2021 but before 18 August 2021 to travel directly to the person’s primary residence, undergo a test for COVID-19, and remain in the person’s primary residence until the person has a negative test result, and the Director of Public Health, or his or delegate has notified the person that they no longer have to remain at their residence, among other things.
Care Facilities Directions (No. 42)
- Provides for restricted access to care facilities in order to limit the spread of COVID-19 within a particularly vulnerable population - came into force at 12:59 pm on 21 August 2021.
- Facilitates the COVID-19 vaccine program by authorising the Department of Defence to obtain, possess or supply COVID-19 vaccine which are Schedule 4 poisons, and relevant Schedule 3 poisons in accordance with the conditions of this order.
- Facilitates the COVID-19 vaccine program by authorising certain tertiary students to obtain, possess and use (including to administer) any COVID-19 vaccine approved by the TGA under the conditions outlined in this order.
- Facilitates the COVID-19 vaccine program by authorising all health services as bodies corporate by operation of the Health Services Act 1998 to obtain and possess or supply any COVID-19 vaccine, and any relevant Schedule 3 poisons necessary for the treatment of anaphylactic reactions to the vaccine under the conditions outlined in this order.
- Facilitates the COVID-19 vaccine program, by authorising classes of persons to obtain, possess and use (including to administer), and COVID-19 vaccine approved by the TGA which are Schedule 4 poisons and any Schedule 4 poisons necessary for the treatment of anaphylactic reactions to the vaccine under the conditions outlined in this order.
Restricted Activity Directions (Victoria) (No. 25)
- Restricts the operation of certain businesses and undertakings in the State of Victoria to address the serious public health risk posed to Victoria by COVID-19 - came into force at 11:59 pm on 22 August 2021.
Stay at Home Directions (Victoria) (No. 6)
- Restricts when persons may leave their residence, restricts public and private gatherings, and requires face coverings to be worn indoors and outdoors - came into force at 11:59 pm on 22 August 2021.
Workplace (Additional Industry Obligations) Directions (No. 38)
- 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 12.59 pm 21 August 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 associated with COVID-19 - came into force at 12:59 pm on 21 August 2021.
Extension of Declaration (No. 2) of Public Health State of Emergency
- Extends the public health state of emergency declaration for a period of 14 days.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order 2021
- Provides additional requirements for the wearing of face coverings at alert level 4, allows persons who provide childcare to essential workers under certain conditions to leave their home or place of residence to provide the childcare, and sets out exemptions to the order for Parliament, including members of Parliament, parliamentary staff, and any officer of Parliament, and for Ministers and ministerial staff, in relation to Government business.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 2) 2021
- Extends, by 24 hours, the time for people to return to their principal home or place of residence if they are travelling by air travel from Queenstown or by ferry across the Cook Strait and makes some minor and technical changes.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 3) 2021
- Clarifies the situation when an essential worker has no fellow resident or no one in a shared bubble arrangement to provide childcare, that only off-licence bottle store functions of licensing trusts are an alert level 4 business or service, the distinction between bakeries, suppliers of alcohol, and cooked and uncooked food delivery services, and what is and is not an essential non-food consumer product that may be sold via online ordering and contactless delivery, and adds businesses or services and certain unions to the schedule.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021
- Specifies that dairies and petrol stations may only sell food or drink to take away in certain circumstances, that the 1-metre physical distancing rule (rather than the 2-metre physical distancing rule) applies in courts and tribunals, and that Foreign Governments maintaining critical operations of foreign missions based in New Zealand may undertake that work outside their workplace, extends requirements for the collection of contract tracing records to businesses and services that are necessary (when in alert level 4) to maintain exempt businesses and services, and makes other amendments in relation to residential disability care facilities, attendance at a court, tribunal, parole board hearing or other institutions, among other things.
COVID-19 Resurgence Support Payments Scheme (August 2021) Order 2021
- Activates the COVID-19 resurgence support payments scheme.
Direction Under the Education and Training Act 2020 to Specified Service Providers
- Allows certain service providers to operate to provide childcare in certain circumstances.
- Exempts persons arriving in New Zealand by air from Afghanistan from Clause 8(2B) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020.
- Specifies that registered banks and licensed non-bank deposit taking entities carrying out critical financial services are exempt from Clause 18 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021 and may operate as an Alert Level 4 business or service.
- Exempts workers of education entities and certain students from the requirement to stay at home under Clause 15(1) of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021 in certain circumstances, and certain Tertiary Student Accommodation Services from the requirement in item 10 of Schedule 2 of the Order to have systems and processes in place to prevent food and drink from being served for consumption on premises.
Extension of Reporting Time Limits Under the National Animal Identification and Tracing Act 2012
FROM THE REGULATORS
The Queensland Cabinet and Ministerial Directory:
Victorian Building Authority:
- COVID-19 Construction Sector FAQs Have Been Updated
- Important Restriction Update for Regional Victoria and Changes for Melbourne
Victorian Government:
- A Step Closer to Victoria’s First mRNA COVID-19 Vaccine
- Blitz For Aged Care, Disability Workers Starts Today
- Helping Public Sector Workers Get the Jab, Sooner
- Is It A Cough Or A COVID Cough? Only A Test Can Tell
- Lockdown Across Regional Victoria to Keep Us Safe
- More Drive-Through Vaccination Clinics for Victoria
- Support For Businesses in Regional Victoria
- Vaccine Eligibility Expanding for Anyone 16 and Over
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 1 September 2021.