COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 30 JUNE 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.


Advance to the Finance Minister Determination (No. 8 of 2020-2021)

  • Increases expenditure from the Australian Government by $550,000,000 to provide urgent support to Airservices Australia during the next stages of recovery from the COVID-19 pandemic.

Aged Care (Leave from Residential Care Services) (Situation of Emergency - Human Coronavirus with Pandemic Potential) Amendment Determination 2021

  • Amends the Aged Care (Leave from Residential Care Services) (Situation of Emergency - Human Coronavirus with Pandemic Potential) Determination 2020 to extend a situation of emergency under subsection 42-2A(1) of the Aged Care Act 1997.

Customs By-law No. 2100131

  • Reduces the rate of duty on prescribed medical products or hygiene products required in the response to the COVID‑19 pandemic to ‘Free’.

Social Services Legislation Amendment (Portability Extensions) Act 2021

  • Provides a permanent discretion for portability extensions of certain pensions to pensioners who are temporarily away from Australia and unable to return home within 26 weeks of their departure due to COVID-19.

Treasury Laws Amendment (More Flexible Superannuation) Act 2021

  • Extends the bring forward rule by enabling individuals aged 65 and 66 to make up to three years of non-concessional superannuation contributions under the bring forward rule, including specifications for COVID-19 re-contributions.

Public Health (COVID-19 Areas of Concern) Notice 2021 (No 135)

  • Declares certain affected areas, areas of concern, close contact exposure locations and casual contact exposure locations.

Public Health (Mandatory Face Masks) Emergency Direction 2021

  • Requires face masks to be carried and worn in certain settings.

Public Health Amendment (COVID-19 Mandatory Face Coverings) Regulation (No 3) 2021

  • Allows for the issue of penalty notices for an offence involving a contravention of a direction to wear a face covering given in an order made under the Public Health Act 2010.

Public Health (COVID-19 Air Transportation Quarantine) Order (No 2) Amendment (Transportation Providers) Order 2021

  • Specifies requirements for the transport of certain flight crew members to and from their residences, the mandatory wearing of masks at quarantine facilities and in related situations, approval, safety, and information collection in relation to transportation services and the mandatory testing or vaccination of certain workers, among other things.

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

  • Amends the Public Health (COVID-19 Greater Sydney) Order (No 2) 2021 to require employers in Greater Sydney to allow their employees to work from their places of residence where reasonably practicable and places restrictions on persons travelling outside of the Sydney Metropolitan area to only do so for necessary reasons and within a timely manner, among other things.

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

  • Amends the Public Health (COVID-19 Greater Sydney) Order (No 2) 2021 to impose additional restrictions on persons in certain local government areas, and make other amendments.

Public Health (COVID-19 Greater Sydney) Order (No 2) 2021

  • Places certain restrictions on gatherings and movement including restrictions on travelling outside of certain areas in Greater Sydney, singing in non-residential premises, consuming alcohol while standing in non-residential premises, and limits the number of visitors to certain premises, and requires face coverings to be worn in certain situations.

Public Health (COVID-19 Mandatory Face Coverings) Order (No 3) 2021

  • Repeals and remakes with minor changes, the Public Health (COVID-19 Mandatory Face Coverings) Order (No 2) 2021.

Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021

  • Responds to cases of community transmission of COVID-19 in Greater Sydney by placing certain temporary restrictions and other requirements on movement and gathering in the State, and imposes additional restrictions on certain persons who have been in Greater Sydney, including requiring them not to leave their places of residence or temporary accommodation without a reasonable excuse.

Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Amendment Order 2021

  • Amends the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 to allow overnight travellers and persons working in the local area to be accommodated in caravan parks and camping grounds in Greater Sydney while the Order remains in force, and to make other amendments.

COVID-19 Directions (No. 10) 2021: Directions to Close Places, Activities and Services in Darwin, Palmerston, Litchfield, Waigait, Belyuen and Dundee Beach

  • Requires certain places, activities and services in specified areas to close.

COVID-19 Directions (No. 11) 2021: Directions for Aged Care Facilities

  • Restricts entry to aged care facilities, prohibits workers at such facilities from working at other workplaces, and imposes requirements for face masks, testing, and information gathering.

COVID-19 Directions (No. 12) 2021: Directions for Quarantine Workers

  • Prohibits workers at quarantine facilities from working at another workplace and imposes requirements for testing and mandatory quarantine.

COVID-19 Directions (No. 13) 2021: Directions to Lock Down Darwin and Surrounding Areas of the Territory

  • Restricts movement in an out of, and within, a specified lockdown area, restricts gatherings and imposes requirements for face masks.

COVID-19 Directions (No. 14) 2021: Directions to Require Evidence of Medical Reasons Not to Wear a Face Mask

  • Allows certain authorised officers to request an explanation for why a person is not wearing a face mask as required, and to provide evidence for medical reasons.

COVID-19 Directions (No. 15) 2021: Amendment to COVID-19 Directions (No. 11) 2021

  • Amends the COVID-19 Directions (No. 11) 2021 by omitting Part 5.


Border Restrictions Direction (No. 26)

  • Restricts entry to Queensland from certain areas, and imposes requirements for Queensland Border Declaration Passes, quarantine and face masks.

Movement and Gathering Direction (No. 11)

  • Imposes requirements for physical distancing, quarantine and isolation, and gatherings.

Public Health (Further Extension of Declared Public Health Emergency - COVID-19) Regulation (No. 2) 2021

  • Extends the period of the declared public health emergency to ensure the Queensland Government can continue to respond to any COVID-19 outbreak in Queensland and to allow for emergency powers to be used to reduce the risk of COVID-19 spreading in Queensland.

Queensland Travel Declaration Direction (No. 3)

  • Imposes requirements for Queensland travel declarations for persons entering the State from another State or Territory or on a quarantine-free flight.

Restrictions on Businesses, Activities and Undertakings Direction (No. 21)

  • Imposes restrictions on certain businesses, activities and undertakings and requires provision and collection of contact information in certain circumstances.

Restrictions for Impacted Areas Direction No. 5

  • Imposes requirements for home confinement and face masks, and restricts access to and from impacted areas, gatherings, and certain businesses, activities and undertakings.

Approval of Extension of a Major Emergency Declaration

  • Further extends the major emergency declared on 22 March 2020 for 28 days from 26 June 2021.

Emergency Management (Cross Border Travel - Associated Direction No 24) (COVID-19) Direction

  • Applies cross border requirements to certain overseas, NSW and Victorian arrivals and declares restricted zones, among other things.

Emergency Management (Public Activities No 25) (COVID-19) Direction 2021

  • Imposes principles and rules relating to the conduct of certain activities involving the public, the management of places in which such activities occur, and the management of contact tracing records.

Emergency Management (Residential Aged Care Facilities No 37) (COVID-19) Direction 2021

  • Ensures appropriate measures are takes to establish controls and safeguards to protect vulnerable members of South Australia's community, including by mandating a requirement to maintain records of COVID-19 vaccinations.


Care Facilities Directions (No 34)

  • Makes provisions for restricted access to care facilities to limit the spread of COVID-19 - came into force at 11.59 pm on 24 June 2021.

Hospital Visitor Directions (No 30)

  • Prohibits non-essential visits and access to hospitals to limit the spread of COVID-19 - came into force at 11.59 pm on 24 June 2021.

Public Health Emergency Order Under Section 22d (PHEO #13)

  • Authorises registered paramedics employed by Ambulance Victoria who have successfully completed a program of study approved by the Chief Health Officer to administer the 2021 influenza vaccine to Ambulance Victoria operational staff members. This will allow for earlier protection against influenza infection during the COVID-19 response.

Restricted Activity Directions (Metropolitan Melbourne) (No 5)

  • Restricts the operation of certain businesses and undertakings in Metropolitan Melbourne - came into force at 11.59 pm on 24 June 2021.

Restricted Activity Directions (Regional Victoria) (No 5)

  • Restricts the operation of certain businesses and undertakings in Regional Victoria - came into force at 11.59 pm on 24 June 2021.

Stay Safe Directions (Victoria) (No 22)

  • Requires everyone in the State of Victoria to limit interactions with others by restricting private and public gatherings, and to carry and wear face coverings in certain circumstances - came into force at 11.59pm on 24 June 2021.

Victorian Border Crossing Permit Directions (No 17)

  • Replaces the Victorian Border Crossing Permit Directions (No 16) and continues to provide 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 - came into force at 11.59 pm on 24 June 2021.

Workplace (Additional Industry Obligations) Directions (No 29)

  • Establishes additional specific obligations on employers and workers in specific industries surrounding workplace cleaning, wearing face coverings and testing, among other things - came into force at 11.59 pm on 24 June 2021.

Workplace Directions (No 34)

  • Limits the number of workers attending work premises to assist in reducing the frequency and scale of outbreaks and establishes more specific obligations on employers and workers in relation to risk management - came into force at 11.59 pm on 24 June 2021.

Approval for Flight Crew Pursuant to the New South Wales (June 2021) Outbreak Response Directions

  • Approves certain flight crew to enter Western Australia.

Approval for Travellers Under a Specified Arrangement Pursuant to the New South Wales (June 2021 Outbreak) Outbreak Response Directions

  • Approves certain travellers to enter Western Australia.

Chief Health Officer Approval to Request COVID-19 Testing on Persons Who are Presenting to be Tested Under the Exposure Site (Western Australia) Directions

  • Approves certain medical practitioners and other persons to collect specimens at a COVID clinic and request for a COVID-19 test for certain persons.

Chief Health Officer Approval to Request COVID-19 Testing on Persons Who are Presenting to be Tested Under the New Zealand Exposure Site Directions

  • Approves certain medical practitioners and other persons to collect specimens at a COVID clinic and request for a COVID-19 test for certain persons.

Chief Health Officer Approval to Request COVID-19 Testing on Persons Who are Presenting to be Tested Under the Northern Territory Exposure Site Directions

  • Approves certain medical practitioners and other persons to collect specimens at a COVID clinic and request for a COVID-19 test for certain persons.

Controlled Border for Western Australia Amendment Directions (No 28)

  • Amends the Controlled Border for Western Australia Directions in order to prevent the importation of COVID19 into Western Australia and otherwise limit the spread of COVID-19 in Western Australia.

Controlled Border for Western Australia Directions Modification Directions (No 2)

  • Modifies the operation of the Controlled Border for Western Australia Directions and other directions in respect of persons who have been in certain restricted locations in the 14 days prior to their entry into Western Australia following recent community transmission of COVID-19 in those restricted locations, and otherwise helps prevent the importation of COVID-19 into Western Australia.

Entry to Kimberley Directions (No 2)

  • Allows an authorised officer to direct certain persons arriving in the Kimberley to leave Western Australia.

Exposure Site (Western Australia) Directions

  • Requires persons who may be connected with a positive case of COVlD-19 in Western Australia to quarantine and to present for testing in order to prevent, control or abate the risks associated with the emergency presented by the COVID-19 pandemic, by limiting the spread of COVID- 19.

New South Wales (June 2021) Outbreak Response Directions

  • Restricts entry to Western Australia by certain travellers.

New Zealand Exposure Site Directions

  • Requires certain persons who have visited an exposure site and have arrived, or will be arriving, in Western Australia to quarantine immediately, undergo testing and provide information (among other things).

Northern Territory Exposure Site Directions

  • Requires certain persons who have visited an exposure site and have arrived, or will be arriving, in Western Australia to quarantine immediately, undergo testing and provide information (among other things).

Outbreak Restrictions (Circuit-Break Lockdown - Level 3) Directions

  • Requires all persons in the affected area to stay at home during the stay at home period other than for one or more of the specified reasons, closes certain places and prohibits certain gatherings and activities in order to prevent, control or abate the risks associated with the emergency presented by the COVID-19 pandemic.

Presentation for Testing Directions (No 26)

  • Imposes testing requirements on certain persons entering Western Australia.

Visitors to Residential Aged Care Facilities (Outbreak Restrictions (Level 3)) Directions

  • Restricts visitors at residential aged care facilities in order to limit the spread of COVID-19.

COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 5) 2021

  • Amends the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 to remove the possibility of QFT flights for Australia (due to the recent community outbreak of COVID-19 in that country).

COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 7) 2021

  • Exempts a person who arrives in New Zealand from a QFT place (Australia, the Cook Islands, or Niue) on an aircraft undertaking a QFT flight from the requirement in the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 for isolation or quarantine after arrival in New Zealand.

COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order 2021

  • Enables the chief executive of the Ministry of Business, Innovation, and Employment to end a person's period of isolation or quarantine under the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 early in certain circumstances.

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

  • Empowers the Minister for COVID-19 Response to grant exemptions from any provision of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.

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

  • Amends the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.

Exemption of Persons from Clause 8(3) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020

  • Exempts certain persons from Clause 8(3) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020.

FROM THE REGULATORS













That completes this edition of the COVID-19 update. The next update will be released on Wednesday 7 July 2021.