COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 23 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.
- Extends a situation of emergency under subsection 42-2A(1) of the Aged Care Act 1997.
- Amends the Aged Care (Subsidy, Fees and Payments) Determination 2014; the Aged Care (Transitional Provisions) Principles 2014; the Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014; and the Subsidy Principles 2014.
- Makes a technical amendment to put beyond doubt that there is a requirement imposed on the operator of an aircraft or vessel to ensure that the aircraft or vessel does not leave Australian territory with an Australian citizen or permanent resident on board, expands the decision-making authority to grant exemptions, and makes other minor technical amendments.
- Sets out an alternative reference period for specified classes of individuals in determining whether the higher or lower rate of a JobKeeper payment amount applies to an individual who is an eligible employee of an entity, an eligible business participant for an entity or an eligible religious practitioner for an entity.
Coronavirus Economic Response Package (Payments and Benefits) Higher Rate Determination 2020
- Specifies circumstances in which the higher rate of an entity’s JobKeeper payment applies to an individual who is an eligible employee of the entity.
- Sets out the time or times a supply is treated as being made when determining the current GST turnover of an entity for the purposes of section 8B of the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020.
- Extends measures expressed in Schedule 12 to the Coronavirus Economic Response Package Omnibus Act 2020 beyond their initial six month application period so that they apply until the end of 31 December 2020.
Corporations (Coronavirus Economic Response) Determination (No. 3) 2020
- Remakes the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020.
Fair Work Amendment (Jobkeeper Payments) Regulations 2020
- Supports the extension for ‘legacy employers’ of the temporary workplace flexibility measures in Part 6-4C of the Fair Work Act 2009 made by the Coronavirus Economic Response (Jobkeeper Payment) Amendment Act 2020.
Migration Amendment (COVID-19 Concessions) Regulations 2020
- Amends the Migration Regulations 1994 to assist certain temporary and provisional visa holders who have been disadvantaged by the consequences of the COVID-19 pandemic.
Crimes (Sentence Administration) COVID-19 Emergency Guidelines 2020
- Provides instructions to staff on the temporary adjustments and considerations which will allow Community Corrections Officer’s to apply discretion when managing non-compliance during the COVID-19 pandemic, in place of the legislative requirement to report all alleged breaches to the Court or Sentence Administration Board.
- Restricts non-essential gatherings and the operation of non-essential businesses and undertakings in order to limit the spread of COVID-19.
Constitution (COVID-19 Emergency Measures) Amendment (Prescribed Period) Regulation 2020
- Extends the period during which meetings of the Executive Council may be held in person or by means of a teleconference or video conference because of the COVID-19 pandemic.
Environmental Planning and Assessment Amendment (COVID-19 Prescribed Period) Regulation 2020
- Extends the period during which Ministerial exemptions from provisions of the Environmental Planning and Assessment Act 1979 may be made in connection with the COVID-19 pandemic.
Interpretation (COVID-19) Regulation 2020
- Postpones the date on which special statutory provisions enacted in response to the COVID-19 pandemic are repealed.
Local Government (General) Amendment (COVID-19) Regulation (No 3) 2020
- Extends the period during which the COVID-19 pandemic special provisions of the Local Government Act 1993 apply, and postpones the repeal of the COVID-19 pandemic regulation-making power in the Act.
Public Health (COVID-19 Aged Care Facilities) Order (No 3) 2020
- Restricts the circumstances in which a person may enter or remain on the premises of a residential aged care facility, and requires the operator of a residential aged care facility to restrict access to the facility, among other things.
Public Health (COVID-19 Air Transportation Quarantine) Order (No 3) 2020
- Gives a Ministerial direction that a person who arrives in New South Wales by aircraft and has been in Victoria or a country other than Australia within 14 days before the arrival must undertake mandatory quarantine for a period of at least 14 days.
Public Health (COVID-19 Border Control) Amendment Order (No 6) 2020
- Amends the Public Health (COVID-19 Border Control) Order 2020 in relation to border region residents crossing the Victorian New South Wales border.
Public Health (COVID-19 Maritime Quarantine) Order (No 3) 2020
- Repeals and remakes the Public Health (COVID-19 Maritime Quarantine) Order (No 2) 2020, with minor amendments.
Public Health (COVID-19 Spitting and Coughing) Order (No 3) 2020
- Gives a Ministerial direction about intentionally spitting at or coughing on public officials or other workers in a way that is reasonably likely to cause fear about the spread of COVID-19.
Retirement Villages Amendment (COVID-19 Prescribed Period) Regulation 2020
- Extends the period during which Ministerial exemptions from provisions of the Retirement Villages Act 1999 may be made in connection with the COVID-19 pandemic.
- Amends the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Approval of Extension of a Major Emergency Declaration by the Governor
- Further extends the Major Emergency declared on 22 March 2020 for 28 days.
COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020
- Extends the operation of Part 2.2. of the COVID-19 Omnibus (Emergency Measures) Act 2020 and further provides for subject matter of regulations which may be made under the Act, extends the operation of Part 16 of the Residential Tenancies Act 1997, and makes other consequential amendments.
Restricted Activity Directions (Non-Melbourne) (No 5)
- Restricts the operation of certain businesses and undertakings in the relevant area to address the serious public health concern posed by COVID-19 - came into force at 11.59 pm on 16 September 2020.
Stay Safe Directions (Non-Melbourne)
- Requires persons who ordinarily reside in the relevant area to restrict the circumstances in which they may leave the relevant area, wear face coverings and place restrictions of gatherings - came into force at 11.59 pm on 16 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 established 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 16 September 2020.
Extension of Declaration (No. 2) of Public Health State of Emergency
- Extends the public health state of emergency declaration, which came into effect on 23 March 2020, for 14 days.
Extension of State of Emergency Declaration
- Extends the state of emergency declaration made on 5 March 2020 for 14 days.
COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020
- Requires the Minister to take into account the advice of the Director-General of Health when deciding whether to grant an exemption and what (if any) conditions to impose on an exemption, and enables the Minister to grant exemptions from requirements for isolation or quarantine set out in the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020.
COVID-19 Public Health Response (Alert Level Requirements) Amendment Order 2020
- Provides that certain alert level 2 requirements cease to apply to everywhere in NZ except Auckland.
Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 2) 2020
- Renews the Epidemic Preparedness (COVID-19) Notice 2020.
- Grants resident visas to persons who are not in New Zealand and who recently held resident visas with travel conditions which have expired since the border was closed on 2 February 2020 and who are no longer able to travel to New Zealand because they no longer hold valid resident visas.
- Varies the travel conditions on resident visas by 12 months from the date it is made to the specified class of persons (all being resident visa holders offshore whose valid travel conditions will expire within 12 months of this special direction being made)
FROM THE REGULATORS
Australian Maritime Safety Authority:
Department of Education, Skills and Employment:
- Mandatory Mutual Obligations Return for Job Seekers, Excluding Victoria
- Mutual Obligations Requirements for Job Seekers in Online Employment Services
Therapeutic Goods Administration:
Department of Planning, Industry and Environment:
NSW Government:
Office of Local Government:
The Queensland Cabinet and Ministerial Directory:
Department of Health and Human Services:
- COVID-19 Daily Capacity and Occupancy Register HealthCollect Access Guidelines
- Schedule 8 treatment Permits - COVID-19 Emergency Public Health Order Variation
VIC Government:
WA Government:
- Building Bonus Boost Part of New COVID-19 Industry Support Fund
- COVID Event Guidelines and Plans to Enable for More Events in WA
- COVID Focus for Future Health Research and Innovation Fund Grant
- COVID-19 Disaster Payments to Be Available to Western Australians
- COVID-19 Industry Support Fund to Assist WA Travel Agents
- COVID-19 Relief Fund to Continue to Deliver Community Support
- New Program to Test Wastewater for COVID-19
Ministry of Business, Innovations & Employment:
NZ Government:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 30 September 2020.