COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY JUNE 3 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 intended to be 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 being frequently updated and revoked. The URLs provided may no longer be maintained by the relevant legislative website, after the release date.
Aged Care Legislation Amendment (Subsidies - COVID-19 Support) Instrument 2020
- Prescribes a new ‘other supplement’ for the purposes of sections 44‑27 and 52‑1 of the Aged Care Act 1997 and sections 44‑27 and 52‑1 of the Aged Care (Transitional Provisions) Act 1997.
ASIC Corporations (Deferral of Design and Distribution Obligations) Instrument 2020/486
- Provides a temporary exemption for six months from the design and distribution obligations which will be found in Part 7.8A of the Corporations Act 2001.
ASIC Credit (Deferral of Mortgage Broker Obligations) Instrument 2020/487
- Provides temporary exemptions for six months from obligations under the National Consumer Credit Protection Act 2009.
- Allows the Civil Aviation Safety Authority to grant 6-month renewals of authorities for non-destructive testing of aircraft and aircraft components, and authorities for aircraft welding, that expire during a specified 6-month period, without requiring the authority holder to undergo certain face-to-face tests or examinations that cannot be carried out while COVID-19 restrictions are in place.
National Health (Continued Dispensing - Emergency Measures) Amendment Determination 2020 (No. 4)
- Makes changes to the pharmaceutical benefits eligible to be provided as a Continued Dispensing supply.
Superannuation Guarantee (Administration) Amendment (Jobkeeper Payment) Regulations 2020
- Ensures employers are not subject to additional superannuation guarantee obligations as a result of their participation or anticipated participation in the JobKeeper scheme.
- Restricts non-essential gatherings and the operation of non-essential businesses and undertakings in order to limit the spread of COVID-19.
Environmental Planning and Assessment (COVID-19 Development - Temporary Cycleways) Order 2020
- Facilitates social distancing by reducing the demand on public transport through greater use of cycle transport.
Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 3) 2020
- Revokes and remakes the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 2) 2020 to ease certain restrictions.
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 (3) of Schedule 3 of the Retirement Villages Regulation 2017.
Retirement Villages (COVID-19 Budget and Expenditures) Order 2020
- Exempts the operator of a retirement village, and the residents of a retirement village, from liability for non-compliance with certain provisions of the Retirement Villages Act 1999.
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 I of the Retirement Villages Act 1999 and Schedule 6 of the Retirement Villages Regulation 2017.
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.
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.
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.
Disaster Management (Further Extension of Disaster Situation - COVID-19) Regulation (No. 4) 2020
- Further extends the period of the disaster situation declared for the whole of the State of Queensland on 22 March 2020.
Health Legislation (COVID-19 Emergency Response) Regulation 2020
- Extends statutory time limits relating to applications and reviews under the Food Act 2006 and Pest Management Act 2001.
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020
- Implements the National Cabinet decision in relation to good faith leasing principles set out in the National Code for “affected leases” in Queensland.
Directions in Relation to King Island, Flinders Island and Islands in The Furneaux Group Of Islands
- Restricts travel to King Island, Flinders Island and islands in the Furneaux group of islands, directs residents of these islands to self-isolate upon return from somewhere else in Tasmania, and directs persons arriving on these islands to answer questions and provide documentation upon request by an authorised officer.
Directions in Relation to Persons Arriving in Tasmania
- Directs persons arriving in Tasmania to answer certain questions, self-isolate at certain accommodation and comply with lawful directions of an authorised officer.
Directions in Relation to Persons Arriving in Tasmania After 21 May 2020
- Directs persons arriving in Tasmania to answer certain questions, self-isolate at certain accommodation and comply with lawful directions of an authorised officer.
Direction Under Section 16 of the Public Health Act 1997 (Gatherings - No. 9)
- Restricts the operation of certain premises and services.
Direction Under Section 16 of the Public Health Act 1997 (Hospitals - No. 4)
- Directs persons not to enter or remain on the premises of a hospital except in certain circumstances.
Direction Under Section 16 of the Public Health Act 1997 (Stay at Home Requirements - No. 5)
- Directs persons in Tasmania to remain at their primary place of residence except for certain activities.
Notice Under Section 16 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020
- Declares that registrations of food business, registrations of premises where a public health activity may be carried out, and licences to carry out a public health risk activity remain in force for a further 6 months in certain circumstances.
Notice Under Section 16 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020
- Declares that the period of employment of certain persons employed in an Agency under the State Service Act 2000 is taken to remain in force and extended in certain circumstances.
Care Facilities Directions (No 4)
- Provides for restricted access to care facilities to limit the spread of COVID-19.
Diagnosed Persons and Close Contacts Directions (No 2)
- Requires persons diagnosed with COVID-19 to self-isolate, and requires persons living with a diagnosed person, or who have been in close contact with a diagnosed person, to self-quarantine.
Extension of Declaration of a State of Emergency
- Extends the declaration of a state of emergency made on 16 March 2020 to 21 June 2020.
Hospital Visitor Directions (No 4)
- Prohibits non-essential visits to hospitals to limit the spread of COVID-19.
National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.3)
- Removes certain travel condition restrictions on heavy vehicle travel times during the COVID-19 Emergency.
Restricted Activity Directions (No. 9)
- Restricts the operation of certain businesses and undertakings to limit the spread of COVID-19.
- Requires everyone to limit their interactions with others by placing restrictions on gatherings and the return to workplaces.
Commercial Tenancies (COVID-19 Response) Regulations 2020
- Adopts a Code of Practice which sets out small commercial lease principles during the COVID-19 pandemic.
COVID-19 Public Health Response (Alert Level 2) Amendment Order 2020
- Amends the rules set out in the COVID-19 Public Health Response (Alert Level 2) Order 2020 to ease certain restrictions for businesses and services and social gatherings, among other things.
Customs and Excise (Refunds and Remissions) Amendment Regulations 2020
- Prescribes circumstances in which Customs must refund or remit interest or penalty payable in respect of duty that is not fully paid on or before the relevant payment date.
Direction to WorkSafe New Zealand
- Provides that WorkSafe New Zealand has the additional function of monitoring and enforcing compliance with the COVID-19 Public Health Response Act 2020 in relation to work and workplaces for which it is the regulator.
- Ensures that a person’s weekly income for calculation of income-related rent includes a payment received by the person under the COVID-19 Income Relief Payment Programme.
- Allows the transit through New Zealand of citizens and residents of the Philippines to support the repatriation of stranded people to their home countries due to the outbreak of COVID-19.
- Allows the transit through New Zealand of citizens and permanent residents of South Africa to support the repatriation of stranded people to their home countries due to the outbreak of COVID-19.
FROM THE REGULATORS
Australian Government:
Australian Maritime Safety Authority:
CASA:
Comcare:
Department of Infrastructure, Transport, Regional Development and Communications:
Therapeutic Goods Administration:
Dedicated Coronavirus (COVID-19 Webpage):
Office of the Federal Safety Commissioner:
QLD Government:
- Major Easing of Restrictions Will Open Queensland for Queenslanders
- Major Funding Boost for First Nations COVID-19 Response
- Palaszczuk Government Boosts Support for Queensland Small and Medium Businesses
- Roadmap Eases Restrictions for Queensland’s Remote Communities
WorkSafe QLD:
Department of Health and Human Services:
Department of Jobs, Precincts and Regions:
Department of Mines, Industry Regulation and Safety:
- COVID-19 Coronavirus Consumer Protection FAQ - Updated 29 May 2020
- New WA Code Provides Certainty for Commercial Tenants
WA Government:
- COVID-19 Coronavirus: Community Advice - Updated 28 May 2020
- COVID-19 Coronavirus: WA Roadmap - Updated 28 May 2020
- COVID-19 coronavirus: Travel Advice - Updated 28 May 2020
- Phase 3 of COVID-19 Roadmap to Commence from Saturday, June 6
- Procurement Changes to Help Boost Local Businesses During COVID-19
- Treasurer Provides Parliament with COVID-19 Economic Update
- Visitor Restrictions Eased at WA Hospitals
Department of Conservation:
EPA:
Ministry of Business, Innovation and Employment:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 10 June 2020.
