COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 29 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.
National Class 1 and 3 COVID-19 Health Facility Access Exemption Notice 2021 (No.1)
- Grants mass and dimension exemptions to Class 1 and 3 heavy vehicles for the purpose of granting access by the vehicle’s drivers and occupants to specified COVID-19 health facilities.
National Class 2 COVID-19 Health Facility Access Authorisation Notice 2021 (No.1)
- Authorises access to Class 2 heavy vehicles for the purpose of allowing the vehicle’s drivers and occupants to attend specified COVID-19 health facilities.
Therapeutic Goods Amendment (Therapeutic Goods Advertising Code) Instrument (No. 5) 2021
Medicines, Poisons and Therapeutic Goods (COVID-19 Vaccine Administration) Approval 2021 (No 2)
- Approves certain persons to deal with a COVID-19 vaccine in a specified way.
Working with Vulnerable People (Background Checking) Amendment Regulation 2021 (No 1)
- Provides further exemptions from the Working with Vulnerable People Scheme registrations for Australian Defence Force (ADF) personnel, and public employees of Commonwealth, state or territory entities to support the ACT in the ongoing response to the COVID-19 emergency.
Annual Holidays Amendment (COVID-19 Prescribed Period) Regulation 2021
- Extends the period during which a worker’s annual holidays continue to accrue despite being stood down without pay during that period as a direct or indirect result of the COVID-19 pandemic - came into force on 24 September 2021.
Court Security Amendment Regulation 2021
- Postpones the dates on which special statutory provisions enacted in response to the COVID-19 pandemic are repealed - came into force on 24 September 2021.
Industrial Relations (General) Amendment (COVID-19 Prescribed Period) Regulation 2021
- Postpones the repeal of sections of the Industrial Relations Act 1996 enacted in response to the COVID-19 pandemic relating to the extension of a term of office for an officer of a State organisation, the extension of a period within which an election for an office of a State organisation must be held, and the deferral of an election for an office of a State organisation - came into force on 24 November 2021.
Long Service Leave Amendment (COVID-19 Prescribed Period) Regulation 2021
- Extends the period during which a worker continues to accrue long service leave despite being stood down without pay as a direct or indirect result of the COVID-19 pandemic - came into force on 24 September 2021.
Poisons and Therapeutic Goods Amendment (Restricted Substances) Regulation (No 2) 2021
- Requires special authorisation to prescribe or supply ivermectin, and extends for an additional 12 months the prescribed period during which a medical practitioner or nurse practitioner may issue a prescription for a restricted substance by sending a prescription to a pharmacist by email or facsimile, due to the ongoing COVID-19 pandemic - came into force on 24 September 2021.
Public Health Amendment (COVID-19) Regulation 2021
- Enables the Secretary of the Ministry of Health to generally approve, rather than on a case-by-case basis only, the retention of bodies for longer than 5 days by persons who are not funeral directors, extends the period during which the Secretary of the Ministry of Health may appoint members and members of staff of the Department of Customer Service and the NSW Food Authority to be authorised officers, either generally or in relation to a particular function exercisable by authorised officers relating to public health (until 26 March 2022), prescribes 26 March 2022 as the day on which the COVID-19 emergency measures provisions contained in the Public Health Act 2010, as defined by Section 135(2) of the Act, are repealed, and allows penalty notices to be served for offences occurring between 26 March 2020 and 26 March 2022 against certain provisions of the Public Health Act 2010 that involve contravening a Ministerial direction that deals with a public health risk, an order to close public premises on public health grounds, or a public health order relating to COVID-19 - came into force on 24 September 2021.
- Removes the Brewarrina and Gilgandra LGAs from the regional NSW stay at home area - came into force on 23 September 2021.
- Requires persons in the general area who have been in a stay at home area or an area of concern in the previous fourteen days to wear a fitted face covering in certain circumstances, removes the 5 worker limit for certain work being carried out in certain outdoor areas, removes the local government areas of Narromine and City of Orange from the regional NSW stay at home area, retains the local government area of Hilltops in the regional NSW stay at home area, updates the approved COVID-19 safety checklist for swimming pools in stay at home areas or areas of concern, and removes spent provisions - came into force on 23 September, 24 September, 25 September and 27 September 2021.
- Allows persons in a stay at home area or an area of concern to remove fitted face coverings during permitted exercise, and allows the same kinds of retail premises to be open to members of the public in an area of concern as are allowed in a stay at home area - came into force at the beginning of 27 September 2021.
- Defers the repeal of the stay at home areas and areas of concern until 11 October 2021, and retains the local government area of Cowra in the regional NSW stay at home area until 5 October 2021.
Public Health (COVID-19 Self-Isolation) Order (No 3) Amendment (No 2) Order 2021
- Updates a reference to the Coronavirus Disease (COVID-19) CDNA National Guidelines for Public Health Units - came into force on 24 September 2021.
Public Health (COVID-19 Vaccination of Education and Care Workers) Order 2021
- Requires certain education and care workers to be vaccinated against COVID-19 - came into force at 3.02pm on 23 September 2021.
Retail and Other Commercial Leases (COVID-19) Amendment (Eligibility) Regulation 2021
- Clarifies that a Commonwealth COVID-19 Disaster Payment made to a lessee, which makes the lessee ineligible for certain New South Wales payments or grants, does not prevent the lessee from being an impacted lessee, enables a lessor to request evidence at any time that it is reasonably necessary to ensure that a lessee continues to be an impacted lessee, enables further rent renegotiation for a period if the lessee ceases to be an impacted lessee during the period, and provides that when renegotiating a reduction in rent, certain New South Wales payments or grants made to the lessee must be taken into account, and the lessor is not required to reduce rent in relation to periods during which the lessee is not an impacted lessee - came into force on 24 September 2021.
Retirement Villages (COVID-19 Asset Management Plans) 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 24 September 2021.
Border Restrictions Direction (No. 46)
- Imposes requirements relating to entry to Queensland generally, entry to Queensland from a COVID-19 hotspot, and entry by non-restricted border zone residents and restricted border zone residents, among other things.
Declared Interstate Places of Concern Direction (No. 2)
- Declares interstate places of concern.
- Extends the period of the declared public health emergency to ensure the Queensland Government can continue to respond to outbreaks of COVID-19 in Queensland and to allow for emergency powers to be used to reduce the risk of COVID-19 spreading in Queensland.
Quarantine for International Arrivals Direction (No. 12)
- Imposes quarantine requirements for international arrivals.
Restrictions for Impacted Areas (No. 16) (SEQ eased restrictions Stage 3) Direction
- Requires persons living in, or who reside with someone who has been in, an impacted area to wear a face mask.
Restrictions on Businesses, Activities and Undertakings Direction (No. 27)
- Imposes requirements relating to businesses, activities and undertakings, collection of contact information using the Check in QLD App, provision of contact information, and wearing face masks.
Emergency Management (Activities - Associated Direction No 14) (COVID-19) Direction 2021
- Declares the whole of South Australia as a declared area that is subject to level 1 restrictions, and modifies the Emergency Management (Activities - General No 3) (COVID-19) Direction 2021.
Emergency Management (Cross Border Travel - Associated Direction No 54) (COVID-19) Direction 2021
- Applies levels of requirements 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.
- 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 28 September 2021.
Care Facilities Directions (No. 46)
- 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 23 September 2021.
COVID-19 Mandatory Vaccination Directions (No. 3)
- Makes provision for the introduction of mandatory vaccination for specific workplace industries (residential aged care facilities and construction sites) and specified worker (multiple entry) permit holders (commercial freight workers and healthcare workers) in order to limit the spread of COVID-19 within the population in these settings - came into force at 11.59 pm on 23 September 2021.
COVID-19 Vaccinated Activities Directions
- Imposes certain mandatory vaccination requirements in order for specific businesses (outdoor personal training) to provide goods or services to the public to limit the spread of COVID-19 within the population in these settings - came into force at 11:59 pm on 28 September 2021.
Diagnosed Persons and Close Contacts Directions (No. 27)
- Requires persons diagnosed with COVID-19 to self-isolate and requires persons who are living with a diagnosed person, or who have been in close contact with a diagnosed person, to self-quarantine - came into force at 11.59 pm on 23 September 2021.
Extension of Declaration of a State of Emergency
- Extends the Declaration of a state of emergency until 21 October 2021 - came into force at 11:59 pm on 23 September 2021.
Hospital Visitor Directions (No. 37)
- Prohibits non-essential visits and access to hospitals to limit the spread of COVID-19 within a particularly vulnerable population - came into force at 11.59 pm on 23 September 2021.
Public Health Emergency Order Under Section 22D
- Extends and amends the public health emergency order (PHEO #2) published in the Victoria Government Gazette on 23 March 2021 in the belief that it is necessary to do so in order to prevent a serious risk to public health posed to the State of Victoria and to respond to the public health emergency, which is the continued demand on the Victorian health work force arising from COVID-19.
Public Health Emergency Order Under Section 22D
- Extends and amends the public health emergency order (PHEO #4) published in the Victoria Government Gazette on 23 March 2021, in the belief that it is necessary to do so to prevent a serious risk to public health posed to the State of Victoria arising from COVID-19.
Restricted Activity Directions (Regional Victoria) (No. 11)
- 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 23 September 2021 - came into force at 11:59 pm on 28 September 2021.
Restricted Activity Directions (Restriction Areas) (No. 18)
- 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 28 September 2021.
Stay at Home Directions (Restricted Areas) (No. 24)
- Requires persons in the Restricted Area to stay at home other than in specified circumstances, restricts travel, applies a curfew, requires persons to wear masks and restricts public and private gatherings including prohibiting visitors to another person’s home other than in limited circumstances, among other things - came into force at 11:59 pm on 28 September 2021.
Stay Safe Directions (Regional Victoria) (No. 10)
- Restricts the circumstances in which a person who ordinarily resides in Regional Victoria may leave Regional Victoria, limits interactions with others by restricting private and public gatherings and requires persons to carry and wear face coverings at all times except in limited circumstances - came into force at 11:59 pm on 23 September 2021.
Victoria Border Crossing Permit Directions (No. 32)
- Provides a ‘traffic light’ border crossing scheme for persons seeking to enter Victoria from another 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 23 September 2021.
Workplace (Additional Industry Obligations) Directions (No. 46)
- 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 23 September 2021.
- Limits the number of Victorians attending Work Premises to assist in reducing the frequency and scale of outbreaks of COVID-19 in Victorian workplaces and establishes more specific obligations on employers and workers in relation to managing the risk associated with COVID-1 - came into force at 11:59 pm on 28 September 2021.
Declaration (No.3) of Public Health State of Emergency
- Declares a public health state of emergency in respect of COVID-19 for the whole of Western Australia.
Extension of State of Emergency Declaration
- Extends the state of emergency declaration for a period of 14 days.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order 2021
FROM THE REGULATORS
Australian Government:
- COVID-19 Disaster Payment
- Statement to the President’s Global Summit to End COVID-19 Washington DC, USA
Therapeutic Goods Administration:
NSW Government:
NSW Health:
Department of 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)
- Cross Border Travel - Associated Direction Essential Traveller Table (VIC)
- Latest Business COVID Cash Grants Tax Exempt
- Pharmacies Ready to Roll with Moderna
- Tourism and Hospitality Businesses Supported with Millions in Cash Grants
Department of Health and Human Services:
Victorian Government:
- Buy Local Campaign Supports Small Businesses
- Expanded Free TAFE Turbocharges Post-COVID Victoria
- Lockdown in City of Ballarat to Lift on Schedule
- Pathway for Vaccinated Victorians to Come Back Home
- Regions to Show the Way in Vaccinated Economy Trials
- Travel Updates
- Victoria Boosts GPs and Pharmacies for Vaccine Push
- Victoria to Hit 80 Per Cent First Dose Vaccination Target
NZ Government:
- More Community Grants to Support Youth Mental Wellbeing
- New Zealand Donates More COVID-19 Vaccines to COVAX and the Pacific
- NZ COVID-19 Response Earns Another Major Digital Investment
- One-way Quarantine Free Travel Dates Confirmed for RSE Scheme
- Self-isolation Pilot to Start With 150 People
- Tuvalu Language Revival and COVID-19
- Upper Hauraki is at Alert Level 3
World Health Organisation:
- ACT-Accelerator Partnership Welcomes Leadership and Commitments at US COVID Summit to Ending COVID-19 Pandemic Through Equitable Access to Tests, Treatments, and Vaccines
- Global Commitments on COVID-19 Offer Way Forward but Success Depends on Action Being Taken Now
- Global Leaders Commit Further Support for Global Equitable Access to COVID-19 Vaccines and COVAX
- New Storybook to Help Children Stay Hopeful During COVID-19
- On New Recommendation for Treatment of COVID-19 Patients: WHO Calls for Equitable Access to Casirivimab and Imdevimab for COVID-19
- What Needs to Change to Enhance Covid-19 Vaccine Access
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 6 October 2021.