COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 30 SEPTEMBER 2020
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 (Amendment) Instrument 2020/565
- Notifies stakeholders that might be seeking to rely on certain legislative instruments of when temporary measures under the instruments will cease to operate.
ASIC Corporations (Amendment) Instrument 2020/862
- Notifies stakeholders that might be seeking to rely on certain legislative instruments of when temporary measures under the instruments will cease to operate.
ASIC Corporations (Amendment) Instrument 2020/885
- Extends the relief given by the ASIC Corporations (COVID-19 - Distribution of Debit Cards) Instrument 2020/401 until 31 December 2020.
- Makes further adjustments to the CASA EX57/20 - Licensing, and Operator Training and Checking (Extensions of Time Due to COVID-19) Exemptions Instrument 2020 considered necessary in what is a generally dynamic and unpredictable set of circumstances.
- Sets out alternative decline in turnover tests where there is not an appropriate relevant comparison period in 2019 for the purpose of an entity in the class of entities satisfying both the actual decline in turnover test in Section 8B of the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 and the decline in turnover test in Section 8 of the Rules.
Corporations (Coronavirus Economic Response) Determination (No. 4) 2020
- Ensures that the temporary modification of the continuous disclosure provisions in the Corporations Act 2001 provided by the Corporations (Coronavirus Economic Response) Determination (No. 2) will continue in force for a further period.
- Makes provisions relating to the posting of members during the COVID-19 pandemic.
- Amends the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 by extending the repeal date of this instrument from 30 September to 31 March 2021, allowing waiver of the requirement for certain signatures, and making minor changes to definitions.
Social Security (Coronavirus Economic Response - 2020 Measures No. 14) Determination 2020
- Extends the period in respect of which the COVID-19 supplement will be paid to recipients of JobSeeker Payment, Parenting Payment, Youth Allowance, Austudy Payment, Special Benefit, Partner Allowance and Widow Allowance.
- Amends the Therapeutic Goods (Medical Devices - Information that Must Accompany Application for Inclusion) Determination 2018 primarily to specify that a declaration of conformity made by a manufacturer under clauses 6.6 or 7.5 of Schedule 3 to the Therapeutic Goods (Medical Devices) Regulations must accompany an application for inclusion in relation to a Class I medical device or Class I system or procedure pack (respectively) that the manufacturer intends to be supplied in a non-sterile state and that does not have a measuring function.
Work Health and Safety (Hazardous Chemicals) Exemption 2020
- Enable industry to use GHS 7 from 1 July 2020 if they had already been planning to do so.
Associations Incorporation Amendment (COVID-19 Prescribed Period) Regulation 2020
- Extends the period during which special statutory provisions, enacted in response to the COVID-19 pandemic, permit alternative ways for association meetings and ballots to occur.
Mental Health Amendment (COVID-19 Special Provisions) Regulation 2020
- Extends the operation of special provisions of the Mental Health Act 2007 until 26 March 2021 in response to the COVID-19 pandemic, and makes consequential amendments.
Public Health Amendment (COVID-19 Spitting and Coughing) Regulation (No 3) 2020
- Allows for the issue of penalty notices for an offence against Section 10 of the Public Health Act 2010 involving a contravention of a Ministerial direction under the Public Health (COVID-19 Spitting and Coughing) Order (No 3) 2020 about intentionally spitting or coughing on a public official or other worker in a way that is likely to cause fear about the spread of COVID-19.
Public Health (COVID-19 Border Control) Amendment Order (No 7) 2020
- Amends the Public Health (COVID-19 Border Control) Order 2020 in relation to agricultural industry activities and agricultural workers.
Public Health (COVID-19 Border Control) Amendment Order (No 8) 2020
- Amend the Public Health (COVID-19 Border Control) Order 2020 to provide for matters relating to entering New South Wales only by accessing the Murray River.
Public Health (COVID-19 Lord Howe Island) Order (No 4) Repeal Order 2020
- Repeals the Public Health (COVID-19 Lord Howe Island) Order (No 4) 2020.
- Amends the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 to update references to COVID-19 safety checklists for certain premises.
Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 5) 2020
- Revokes and remakes the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020, with some changes relating to seating at hospitality venues, attendance at entertainment facilities and corporate events, Lord Howe Island and approved COVID-19 safety checklists.
Public Health (COVID-19 Self-Isolation) Order (No 3) Amendment Order 2020
- Amends the Public Health (COVID-19 Self-Isolation) Order (No 3) 2020 to provide for particular arrangements for self-isolation for persons from another State or Territory.
Residential Tenancies Amendment (COVID-19) (No 2) Regulation 2020
- Provides for the termination of certain residential tenancy agreements, listing of certain tenants on a residential tenancy database for non-payment of rent or charges, eviction of certain residents from boarding houses, the repeal of Part 13 of the Residential Tenancies Act 2010 on 26 March 2021, and savings and transitional provisions.
Retirement Villages (COVID-19 Access to Retirement Villages) Order 2020
- Exempts the operator of a retirement village from liability for non-compliance with Sections 169 and 177 of the Retirement Villages Act 1999, and Clause 11(2)(d) and (e) of Schedule 3A of the Retirement Villages Regulation 2017, in certain circumstances.
Retirement Villages (COVID-19 Budget and Expenditures) Order 2020
- Exempts the operator and residents of a retirement village from liability for non-compliance with certain provisions of the Retirement Villages Act 1999 in certain circumstances.
Retirement Villages (COVID-19 Consent of Residents) Order 2020
- Exempts the residents of a retirement village from liability for non-compliance with Section 9 and Schedule 1 of the Retirement Villages Act 1999, and Schedule 6 of the Retirement Villages Regulation 2017, in certain circumstances.
Retirement Villages (COVID-19 Meeting Requirements) Order 2020
- Exempts the operator of a retirement village from liability for non-compliance with Sections 41, 69A and 72 of the Retirement Villages Act 1999 in certain circumstances.
Retirement Villages (COVID-19 Services & Facilities) Order 2020
- Exempts the operator of a retirement village from liability for non-compliance with Sections 60, 61 and 62 of the Retirement Villages Act 1999 in certain circumstances.
Retirement Villages (COVID-19 Village Rules) Order 2020
- Exempts the operator of a retirement village from liability for non-compliance with Section 51 of the Retirement Villages Act 1999 in certain circumstances.
Waste Avoidance and Resource Recovery (COVID-19) Regulation 2020
- Postpones the date on which special statutory provisions enacted in response to the COVID-19 pandemic are repealed.
Extension of Operation of Declaration of Public Health Emergency
- Extends the declaration of the public health emergency made on 18 March 2020 for 90 days from 24 September 2020.
Manufactured Homes (Residential Parks) (COVID-19 Emergency Response) Regulation 2020
- Makes changes to the market review process for increasing site rent in residential parks.
- Makes amendments to provide for the extension of the waiver of daily fees for commercial tour operators who hold a commercial activity permit until 31 March 2021.
COVID-19 Emergency Response (Commercial Leases No 2) (Prescribed Period) Variation Regulations 2020
- Amends the COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020.
COVID-19 Emergency Response (Expiry and Rent) Amendment Act 2020
- Amends the COVID-19 Emergency Response Act 2020.
Directions in Relation to Persons Arriving in Tasmania from Affected Regions and Premises
- Prohibits an affected person from entering Tasmania if they are not authorised, and requires such a person to leave the State as soon as possible, isolate at an accommodation facility or provide documentation and information if required by an authorised officer.
Directions in Relation to Persons Arriving in Tasmania from Affected Regions and Premises
- Prohibits an affected person from entering Tasmania if they are not authorised, and requires such a person to leave the State as soon as possible, isolate at an accommodation facility or provide documentation and information if required by an authorised officer.
Directions in Relation to Persons Arriving in Tasmania (General)
- Requires persons who arrive in Tasmania from outside the State to answer questions and provide information to authorised officers and to isolate for 14 days at an accommodation facility.
Directions in Relation to Persons Arriving in Tasmania (General)
- Requires persons who arrive in Tasmania from outside the State to answer questions and provide information to authorised officers and to isolate for 14 days at an accommodation facility.
Direction under Section 16 (Management of premises - No. 3)
- Restricts the number of persons present at certain types of premises.
Payroll Tax (Pandemic) (No. 2) Amendment Order 2020
- Amends the Payroll Tax (Pandemic) Order (No. 2) 2020 by extending the period during which the waiver specified in the Order has effect so that the period ends on 28 March 2021 (inclusive).
Residential Tenancy (Extension of Emergency Period) Order (No. 2) 2020
- Extends until 1 December 2020 the emergency period that was to expire on 30 September 2020.
Care Facilities Directions (No 12)
- Provides for restricted access to care facilities to limit the spread of COVID-19 within a particularly vulnerable population - came into force at 11:59 pm on 27 September 2020.
Hospital Visitor Directions (No 12)
- Prohibits non-essential visits to hospitals to limit the spread of COVID-19 - came into force at 11:59 pm on 27 September 2020.
Permitted Worker Permit Scheme Directions (No 6)
- Establishes the Permitted Worker Permit Scheme - came into force at 11:59 pm on 27 September 2020.
Restricted Activity Directions (Non-Melbourne) (No 6)
- Restricts the operation of certain businesses and undertakings in Victoria in the relevant area to address the serious public health risk posed by COVID-19 - came into force at 11.59 pm on 27 September 2020.
Restricted Activity Directions (Restricted Areas) (No 10)
- Restricts the operation of certain businesses and undertakings in the restricted area, and specifies circumstances in which certain personal training, outdoor swimming pools, primary and secondary schools, childcare facilities and real estate activities can recommence - came into force at 27 September 2020.
Stay at Home Directions (Restricted Areas) (No 16)
- Requires persons who ordinarily reside in the restricted area to limit their interactions with others by restricting circumstances in which they may leave the residence and the restricted area, restricting gatherings, and prohibiting private gatherings (except in limited circumstances) - came into force at 11:59 pm on 27 September 2020.
Stay Safe Directions (Non-Melbourne) (No 2)
- Requires persons who ordinarily reside in the relevant area to wear face coverings, and limit their interactions with others by restricting gatherings, and restricts the circumstances in which they may leave the relevant area - came into force at 11.59 pm on 27 September 2020.
Workplace (Additional Industry Obligations) Directions (No 6)
- Limits the number of Victorians attending certain work premises to assist in reducing the frequency and scale of COVID-19 outbreaks in workplaces, and 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 27 September 2020.
- Limits the number of Victorians attending work premises to assist in reducing the frequency and scale of COVID-19 outbreaks in 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 27 September 2020.
Commercial Tenancies (COVID-19 Response) Amendment Regulations 2020
- Amends the Commercial Tenancies (COVID-19 Response) Regulations 2020.
Pay-roll Tax Relief (COVID-19 Response) Regulations 2020
- Provides for Jobkeeper extension and subsidised exempt wages.
Residential Tenancies (COVID-19 Response) Regulations 2020
- Prescribed 28 March 2021 as the end of emergency period.
COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 2) 2020
- Adjusts certain alert level 2 requirements by increasing the number limit for a social gathering to 100 people, and partially exempting supermarkets and petrol stations from the requirement for workplaces to have certain record-keeping systems and processes in place for contract tracing purposes.
COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020
- Refers a project to an expert consenting panel for the purpose of the COVID-19 Recovery (Fast-track Consenting) Act 2020.
- Extends the visas of religious worker and foreign crew of fishing vessels work visa holders that expire between the date this special direction is signed and 31 December 2020 (inclusive).
- Extends the visas of certain classes of persons (being partners and dependent children of employer assisted work visa holders whose visas were extended under section 78A of the Act, where that partner or dependent child’s visa would have expired between the date of signature and 31 December 2020 (inclusive)) for the duration of the associated employer-assisted work visa holder’s visa.
- Imposes a condition on temporary entry class visas granted on or before 18 March 2020 and held by people in New Zealand.
- Increases the amount of time that visitor visa holders (who are in New Zealand when this special direction is signed) can study or attend school on that visitor visa from up to three months per year, to up to six months per year.
FROM THE REGULATORS
Attorney-General's Department:
Civil Aviation Safety Authority:
Safe Work Australia:
Therapeutic Goods Administration:
The Queensland Cabinet and Ministerial Directory:
Attorney-General's Department:
Department of Energy and Mining:
Department of Health and Human Services:
VIC Government:
- Agribusinesses Supported to Adapt to Pandemic Conditions
- Extra Upgrades for Victoria’s Public Aged Care Facilities
- Making Food Relief COVID Safe for Victorians In Need
- Statement from the Premier
- Supporting Mental Health and AOD Services and their Workers
- Supporting Students to Complete VCAL and VET Studies
- Working for Victoria - Backing New Jobs for Young People
WorkSafe Victoria:
Department of Mines, Industry Regulation and Safety:
WA Government:
Ministry of Business, Innovation and Employment:
- Health Committee - Briefing on the Government's Response to COVID-19
- More Border Exceptions for Critical Roles
- Seasonal Work Visa Available to More People
NZ Government:
World Health Organisation:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 7 October 2020.