COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 15 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.
ASIC Corporations (Extension of Time to Hold AGM) Instrument 2021/770
- Extends the time for certain classes of companies to hold an annual general meeting (AGM) to allow companies to plan and prepare for holding their AGMs in the context of the ongoing COVID-19 pandemic restrictions on gathering and movement.
Public Health (Lockdown Restrictions) Emergency Direction 2021 (No 8)
- 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.
Road Transport (General) (COVID-19 Emergency Response - Taxi Industry) Application Order 2021 (No 1)
- Temporarily extends the maximum taxi vehicle age and use requirements for standard taxis and WATs under Section 32B of the Road Transport (Vehicle Registration) Regulation 2000 for two years to allow vehicles that reach the maximum age or use limit during the COVID-19 health emergency to be eligible for registration and continue to operate up until 12 September 2022, after which the vehicle will need to be replaced with a vehicle that has not reached the maximum age or use limit.
Poisons and Therapeutic Goods Regulation 2008 - Approval (8 September 2021)
- Approves the Vaxzevria ChAd0x1-S COVID-19 vaccine ('AstraZeneca vaccine'), Comirnaty (BNT162b2 [mRNA]) COVID-19 vaccine ('Pfizer vaccine') and the Spikevax (elasomeran) COVID-19 vaccine ('Moderna vaccine'), collectively 'an approved vaccine', subject to the specified conditions, for the purposes of Clause 48A(1A)(d) of the Poisons and Therapeutic Goods Regulation 2008.
- Allows persons who have had 2 doses of a COVID-19 vaccine to undertake additional activities in stay at home areas and areas of concern, modifies the requirements for the general area in relation to the closure of certain premises, the maximum number of person permitted at premises, dancing at certain premises, and requiring persons to be seated in certain circumstances, and reclassifies certain parts of regional NSW from stay at home area to the general area - came into force on 11 September 2021 and 13 September 2021.
- Temporarily includes Yass Valley local government area as part of the regional NSW stay at home area - came into force on 14 September 2021.
Residential Tenancies Amendment (COVID-19 Pandemic Emergency Response) Regulation (No 2) 2021
- Extends provisions exempting tenants who are financially impacted by the COVID-19 pandemic from the operation of provisions of the Residential Tenancies Act 2010 or the Regulations made under that Act that would result in the termination of residential tenancy agreements or the recovery of possession of premises on the grounds of non-payment of rent or charges if the tenants continue to pay at least 25% of the rent payable under the agreement until 12 November 2021, and exempts, from 12 November 2021 until 12 February 2022, those tenants who accrued rental arrears from the operation of provisions of the Act or the Regulations that would result in the termination of residential tenancy agreements or the recovery of possession of premises on the grounds of those arrears.
Extension of Operation of Declaration of Public Health Emergency
Border Restrictions Direction (No. 41)
- 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.
Management of Secondary Contacts Direction (No. 2)
- Imposes quarantine and movement requirements for secondary contacts.
Planning Amendment Regulation (No. 1) 2021
- Extends the expiry date of economic support instrument (ESI) provisions under the Planning Amendment Regulation (No. 1) 2021 by 12 months until 17 September 2022 to continue to assist Queensland’s economic recovery from COVID-19, and makes minor amendments to increase the efficiency of the Planning Regulation 2017 in order to clarify provisions relating to the content of planning and development certificates and referral agency requirements for end of trip facilities.
Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Act 2021
- Extends essential measures supporting Queensland’s response to the COVID-19 pandemic until 30 April 2022 and refines some of these measures given the changing nature of the pandemic and knowledge gained from implementation.
Queensland COVID-19 Restricted Areas (No. 25)
- Identifies no LGA’s as Queensland COVID-19 restricted areas for the specified Directions.
Use of Technology to Support Home Quarantine Direction
- Requires certain people to comply with text message compliance checks upon being directed by an emergency officer (public health).
Acts Interpretation (Audiovisual Meetings) Regulations 2021
- Prescribed certain meetings which may occur remotely.
COVID-19 Emergency Response (Section 16) (Real Property Act) Variation Regulations 2021
- Revokes Regulation 5 (regarding suspended requirements of the Real Property Act 1886) from the COVID-19 Emergency Response (Section 16) Regulations 2020.
Emergency Management (Activities - Associated Direction No 13) (COVID-19) Direction 2021
- Declares the whole of South Australia to be a declared area subject to level 1 restrictions, among other things.
Emergency Management (Cross Border Travel - Associated Direction No 51) (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.
Direction Under Section 16 - Mandatory Vaccination of Certain Workers - No. 3
- 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. 2
- 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 even that the person is required to wear a fitted face covering while attending the event.
Direction Under Section 16 - Testing of Workers at Quarantine Sites - No. 3
- 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 9 September 2021.
Care Facilities Directions (No. 44)
- 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 11:59 pm on 9 September 2021.
COVID-19 Mandatory Vaccination Directions
- Provides for the introduction of mandatory vaccination for specific workplace industries (residential aged care facilities) in order to limit the spread of COVID-19 within the population in these settings - came into force at 11.59 pm on 7 September 2021.
Restricted Activity Directions (Regional Victoria) (No. 8)
- 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 9 September 2021.
Restricted Activity Directions (Restricted Areas) (No. 15)
- 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 9 September 2021.
Stay Safe Directions (Regional Victoria) (No. 8)
- Requires everyone who ordinarily resides in Regional Victoria to carry and wear face coverings at all times except in limited circumstances, restricts the circumstances in which they may leave Regional Victoria, and requires them to limit interactions with others by restricting private and public gatherings - came into force at 11:59 pm on 9 September 2021.
Stay at Home Directions (Restricted Areas) (No. 20)
- Requires everyone in the Restricted Area to limit their interaction with others by restricting the circumstances in which they may leave their 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 worn indoors and outdoors - came into force at 11:59 pm on 9 September 2021.
Victorian Border Crossing Permit Directions (No. 31)
- Provides 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 11:59 pm on 9 September 2021.
Workplace (Additional Industry Obligations) Directions (No 41)
- 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 9 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 associated with COVID-19 - came into force at 11:59 pm on 9 September 2021.
Extension of Declaration (No. 2) of Public Health State of Emergency
- Extends the public health state of emergency declaration for a further 14 days.
Extension of State of Emergency Declaration
- Extends the State of Emergency until 24 September 2021.
- Enables certain persons employed by the Child and Adolescent Health Service to supply or administer the COVID-19 vaccine.
- Enables certain persons employed by the Country Health Service to supply or administer the COVID-19 vaccine.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) Amendment Order 2021
- Provides that the chief of executive of MBIE may, in certain circumstances, authorise a business or service that manufactures or distributes certain residential building products, and is located in the alert level 4 area, to operate as an alert level 4 business or service.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) Amendment Order (No 2) 2021
- Revokes the current permissions relating to children in shared caregiver arrangements and people in shared bubble arrangements in Clause 18(2) and (3) and provides a new permission that allows a child to travel through an alert level area if they are going to visit or stay at, or are returning from visiting or staying at, the home or place of residence of a shared caregiver, clarifies certain requirements regarding face masks and testing of persons travelling in and out of the alert level 4 area, and requires workers to wear a face covering when working at a social gathering, among other things.
Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2021
- Renews the Epidemic Preparedness (COVID-19) Notice 2020 (New Zealand Gazette, 24 March 2020, Notice No. 2020-go1368).
Extension for Board Elections for By-elections of Parent and Staff Representatives
- Extends the period for closing nominations and all subsequent actions required by the Education (Board Elections) Regulations 2000, for schools which meet the specified conditions.
Extension for Board Elections for Student Representatives
- Extends the period for closing nominations and all subsequent actions required by the Education (Board Elections) Regulations 2000, for schools which meet the specified conditions.
- Specified the following examination or test for COVID-19 to be an applicable COVID-19 test for the purposes of Clauses 19A and 19B of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) 2021: testing for severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) viral ribonucleic acid using reverse transcription polymerase chain reaction (RT-PCR) or transcription-mediated amplification (TMA) on a sample collected by taking nasopharyngeal swabs, oropharyngeal and anterior nasal swabs, or saliva and which is undertaken in accordance with a laboratory’s accreditation to ISO15189.
FROM THE REGULATORS
Australian Government:
Therapeutic Goods Administration:
Department for Energy and Mining:
SA Government:
- Cross Border Travel - Associated Direction Entry into South Australia Table
- Cross Border Travel - Associated Direction Essential Traveller Table - ACT and NSW Travellers
- Cross Border Travel - Associated Direction Essential Traveller Table - Victorian Travellers
- Pfizer Opens Up
- Pfizer Vaccine Available for Everyone Aged 12 and Over
- Public Activities Chart Level 1+ Requirements
Victorian Building Authority:
- COVID-19 Restrictions to Lift for Regional Victoria
- Important COVID-19 Update: Priority Vaccinations for Construction Workers and Construction Site Compliance Blitz
Victorian Government:
- Ballarat to Lock Down for a Week to Slow Virus Spread
- Grants for Commercial Landlords Doing the Right Thing
- Helping Multicultural Communities Vaccinate and Stay Safe
- Massive Construction Compliance Blitz Across Victoria
- More Mental Health Support, Close to Home
- New Device Takes the Sting Out of Covid Testing for Kids
- New Pop-Up Vax Sites for 100 Postcodes Across Victoria
- On-The-Ground Support for Victoria’s Border Communities
- Support Continues for Victoria’s Regional Businesses
NZ Government:
- Additional Pfizer Vaccines to Arrive Tomorrow
- Additional Resurgence Support Payments to Support Business
- COVID-19 Community Fund to Provide Support for Vulnerable Women and Girls
- Further Government Support for People to Access Food and Essential Items
- Half a Million Pfizer Vaccines from Denmark
- Inland Revenue Providing Essential COVID Support for Businesses
- More Financial Support for Businesses
- Next Phase of Support for Fiji’s COVID-19 Response Announced
- One-way Quarantine-Free Travel for RSE Workers Starting in October
World Health Organisation:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 22 September 2021.