COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 17 NOVEMBER 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.


Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements - Retail Outlets at International Airports) Repeal Determination 2021

  • Repeals the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements - Retail Outlets at International Airports) Determination 2020 to remove restrictions on operators of retail outlets in international airports within Australia to permit them to trade.

Defence Determination, Conditions of Service Amendment (COVID-19 Response - Domestic) Determination 2021 (No. 23)

  • Amends the Defence Determination 2016/19, Conditions of Service to update and provide additional benefits to Australian Defence Force (ADF) members and their families as a consequence of the changing COVID-19 pandemic in Australia and the effects it has on the movement of ADF personnel around Australia.

Industry Research and Development (Supporting Agricultural Showmen and Women Program) Instrument 2021

  • Prescribes the Supporting Agricultural Showmen and Women Program (the program) which will provide agricultural show businesses with the assistance they need to meet the challenges posed by COVID-19 because they will play a critical role in supporting regional communities recover from COVID-19 and will provide support for operational costs including rental assistance and Showmen’s Guild fees.

Migration (Income Threshold and Exemptions for Subclass 189 Visa (New Zealand Stream)) Amendment Instrument (LIN 21/048) 2021

  • Amends the Migration (Income Threshold and Exemptions for Subclass 189 Visa (New Zealand Stream)) Instrument (LIN 21/018) 2021 to include an exemption for New Zealand citizens who are unable to meet the income threshold requirements for the 2020-21 income year due to the economic impacts of the COVID-19 pandemic.

Public Health (Aged Care Workers COVID-19 Vaccination) Emergency Direction 2021 (No 2)

  • Limits the spread of COVID-19 within a particularly vulnerable population by restricting the potential that elderly people are exposed to unvaccinated workers within residential aged care facilities.

Public Health (Check In Requirements) Emergency Direction 2021 (No 3)

  • Limits the spread of COVID-19 by requiring reliable attendance records, which enable rapid and effective contact tracing.

Public Health (COVID-19 Affected Areas) Emergency Direction 2021 (No 13)

  • Sets the requirements for ‘affected persons’, ‘close contacts of affected persons’ who are fully vaccinated, ‘close contacts of affected persons’ who are not fully vaccinated and a person who is not an ‘affected person’ who has been in a ‘casual contact exposure location’, among other things.

Public Health (Emergency) Declaration Further Extension 2021 (No 4)

  • Further extends the period during which the Public Health (Emergency) Declaration 2020 (No 1) is in force for a period of 90 days.

Public Health (Mandatory Face Masks) Emergency Direction 2021 (No 6)

  • Requires a person who is outside their residence to wear a mask as required by this direction.

Public Health (Restricted Activities) Emergency Direction 2021 (No 6)

  • Imposes requirements for restricted and non-restricted businesses, activities and undertakings, and persons arriving in the ACT.

District Court Criminal Practice Note 25 - Applications for Leave for In Person Appearances in Sentence Proceedings

  • Allows, with the easing of restrictions and increased vaccination rates, applications for leave to be granted for in person appearances in sentence proceedings which are listed on or after 15 November 2021 - came into force on 15 November 2021.

Public Health (COVID-19 General) Amendment Order (No 9) 2021

  • Amends the Public Health (COVID-19 General) Order 2021 to remove the requirement for occupiers of nightclubs or strip clubs in the general area not to allow persons to consume alcohol in an indoor area unless they are seated - came into force on 10 November 2021.

COVID-19 Directions (No. 81) 2021: Amendments to COVID-19 Directions (No. 55) 2021

  • Makes changes to the definition for ‘person conducting a business or undertaking’, changes the evidence required for evidence of a contraindication to all approved COVID-19 vaccines to a certificate issued by the Commonwealth (removing a medical certificate issued by a medical practitioner), makes additional requirements regarding registers, and clarifies that a PCBU under Directions 10, 13 and 15 do not apply in relation to volunteers, contactors, subcontractors and other workers as described.

COVID-19 Directions (No. 83) 2021: Directions for Low Vaccinated Communities

  • Requires persons entering a low vaccinated community within 14 days of being in specified LGA’s to wear a face mask as required.

COVID-19 Directions (No. 84) 2021: Amendment to COVID-19 Directions (No. 74) 2021

  • Amends the COVID-19 Directions (No. 74) 2021 by omitting 13 November 2021 from Direction 1(a) and inserting 15 November 2021.

COVID-19 Directions (No. 85) 2021: Directions to Lock Down Katherine

  • Closes certain businesses and community centres and requires residents of Katherine to stay at home, wear a mask outside of their home and only leave for the 5 permitted reasons.

COVID-19 Directions (No. 86) 2021: Directions to Lock Down Robinson River and Homelands

  • Closes certain businesses and community centres and requires residents of Robinson River and homelands bounded by the specified coordinates to stay at home, wear a mask outside of their home and only leave for the 5 permitted reasons.

COVID-19 Directions (No. 87) 2021: Directions for Aged Care Facilities in Katherine

  • Limits access to aged care facilities and requires those who do enter or remain on the premises of an aged care facility to wear a mask and sets the requirements for testing, vaccination and the collection of information.

Border Restrictions Direction (No. 54)

  • Sets the requirements for persons entering Queensland generally, and from non-restricted border zones and restricted border zones, among other things.

Home Quarantine for Household Members of a Domestic Traveller from a COVID-19 hotspot Direction

  • Establishes a requirement to home quarantine and the quarantine conditions for a household member of a domestic traveller completing home quarantine at a private residence.

Quarantine for International Arrivals Direction (No. 15)

  • Sets the quarantine requirements for international arrivals.

Use of Technology to Support Home Quarantine Direction (No.2)

  • Requires people who are either directed by an emergency officer (public health) or required under another public health direction to quarantine at home to comply with text message compliance checks which provide an avenue for welfare checks and support to people in quarantine.

Workers in a Healthcare Setting (COVID-19 Vaccination Requirements) Direction

  • Sets out the COVID-19 vaccination requirements for workers in healthcare, their employers and responsible persons in healthcare settings, with limited exceptions.

Approval of Extension of a Major Emergency Declaration Under Section 23

  • Further extends the Major Emergency Declaration for a period of 28 days commencing 13 November 2021.

Emergency Management (Cross Border Travel - General No 2) (COVID-19) Direction

  • Ensures that people arriving in the State, or who have recently arrived in the State, are subject to requirements and restrictions, or to prohibitions, appropriate to the level of risk associated with locations visited by them prior to their arrival, by establishing a range of control measures that may be applied to defined classes of arrivals by subsequent associated directions under Section 25 of the Emergency Management Act 2004.

Direction Under Section 16 - Arrival Requirements for Certain Travellers into Tasmania - No. 11

  • Imposes requirements for travellers arriving in Tasmania in relation to clinical assessments, testing, and wearing masks, among other things.

Direction Under Section 16 - Vaccination Requirements for Certain Workers - No. 9

  • Requires workers at residential aged care facilities, quarantine sites, and medical or health facilities, and workers providing quarantine transport services or high intensity supports to an NDIS participant, to be sufficiently vaccinated, among other things.

Diagnosed Persons and Close Contacts Directions (No. 33)

  • Requires persons diagnosed with COVID-19 to self-isolate and those who are living with a diagnosed person, or who have been in close contact with a diagnosed person, to self-quarantine in order to limit the spread of COVID-19 - came into force at 6 pm on 11 November 2021.

Victorian Border Crossing Permit Directions (No. 38)

  • Continues to provide a ‘traffic light’ border crossing scheme for persons seeking to enter Victoria from any other State or Territory in Australia and also provides a scheme for persons entering Australia as an international passenger arrival or international aircrew service worker, in order to limit the spread of COVID-19 - came into force at 6 pm on 11 November 2021.

Workplace (Additional Industry Obligations) Directions (No. 56)

  • 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 6 pm on 11 November 2021.

Workplace Directions (No. 55)

  • Limits the number of Victorians attending Work Premises to assist in reducing the frequency and scale of COVID-19 outbreaks in Victorian workplaces and establishes more specific obligations on employers and workers in relation to managing the risk of COVID-19 - came into force at 6 pm on 11 November 2021.

Chief Health Officer Approval to Request COVID-19 Testing on Persons Who are Presenting to be Tested Under the Outbreak Outside of Western Australia Response Directions (No 12)

  • Gives approval to medical practitioners and persons duly and properly engaged to collect specimens at a COVID Clinic to request a COVID-19 test as an approved requester.

Chief Health Officer Approved Form of Evidence of COVID-19 Vaccination Under Paragraphs 7 and 8 of the Leavers Event Area (Restrictions on Access) Directions (No 2)

  • Approves the specified forms of evidence as the true and correct evidence that must be produced by a school leaver or leavers event worker of their vaccination status for the purposes of paragraphs 7 and 9 of the Leavers Event Area (Restrictions on Access) Directions (No 2).

Chief Health Officer Approved Form of Evidence of COVID-19 Vaccination Under Paragraph 7 of the Community Care Services Worker (Restrictions on Access) Directions

  • Approves the specified forms of evidence as evidence that must be provided by a community care services worker of their vaccination status for the purposes of paragraph 7 of the Community Care Services Worker (Restrictions on Access) Directions.

Controlled Border for Western Australia Amendment Directions (No 47)

  • Amends the Controlled Border for Western Australia Directions and are for the purpose of preventing the importation of COVID-19 into WA and otherwise limiting the spread of COVID-19 in WA.

Fire and Emergency Services Worker (Restrictions on Access) Directions

  • Puts in place some measures to address the unique risks posed by COVID-19 in the context of fire and emergency services workers given their close interactions with vulnerable groups and the broader community for the purposes of limiting the spread of COVID-19 and to ensure that workers can continue to provide critical services to the community.

Leavers Event Area (Restrictions on Access) Directions (No 2)

  • Puts in place some measures to address the unique risks posed by COVID-19 at leavers event areas in order to limit the spread of COVID-19 in WA.

Meat Industry Worker (Restrictions on Access) Directions

  • Puts in place some measures to address the unique risks posed by COVID-19 at meat industry sites in order to limit the spread of COVID-19 in WA.

Outbreak Outside of Western Australia Response Directions (No 12)

  • Helps prevent the importation of COVID-19 into WA following an outbreak or outbreaks of COVID-19 outside of WA, and to otherwise limit the spread of COVID-19 in WA.

Resources Industry Worker (Restrictions on Access) Directions (No 2)

  • Puts in place some measures to address the unique risks posed by COVID-19 from the mobile nature of the workforce on rural and remote mine sites and oil and gas facilities for the purpose of limiting the spread of COVID-19 in WA.

Transport, Freight and Logistics Directions (No 7)

  • Sets out the requirements that apply to a transport, freight and logistics driver who enters or intends to enter WA and are for the purpose of preventing the importation of COVID-19 into WA and otherwise limiting the spread of COVID-19 in WA.

WA Police Force Worker (Restrictions on Access) Directions

  • Puts in place some measures to address the unique risks posed by COVID-19 from the WA Police workforce for the purpose of preventing the spread of COVID-19 to vulnerable groups and the general community in WA and to ensure that the WA Police Force can continue to provide critical services to the community.

Appendix 1 - Notice for Phase 1 of Point-of-Care Testing Programme

  • Specifies certain classes of persons or class of persons to import, supply and sell point-of-care tests for COVID-19 for the purposes of Clause 8 of the COVID-19 Public Health Response (Point-of-care Tests) Order 2021 (Order) and certain point-of-care tests or class of point-of-care tests that are exempt from clause 7(b) of the Order.

Corrigendum - Provisional Consent to the Distribution of a New Medicine

  • Replaces the notice Provisional Consent to the Distribution of a New Medicine as published in the New Zealand Gazette, 11 November 2021, Notice No. 2021-go4895, by adding an additional manufacturer’s site as specified.

COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 14) 2021

  • Returns the upper Northland area to alert level 2 from 11:59 pm on 11 November 2021, provides for all primary and secondary school students to physically return to classrooms in alert level 3 areas and allows performers, while they are working as such, to remove face coverings as specified, adds to the list of people exempted from the Order including Land Search and Rescue and Amateur Radio Emergency Communications staff while providing lifesaving, maritime assistance and search and rescue services and allows travel between alert level 3 areas for people working for the Transport Accident Investigation Commission for the purpose of carrying out essential work, among other thing.

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

  • Reduces the period for which people at a managed isolation or quarantine facility are required to be isolated or quarantined in that facility, subject to a period of self-isolation once they leave the facility and also reduces from 14 days to 10 days the period for which participants in the self-isolation programme are required to self-isolate and reduces the 14-day periods in that order to 10 days, including the period for which a person who arrives in New Zealand on board a ship must remain in isolation or quarantine.

COVID-19 Public Health Response (Vaccinations) Amendment Order (No 4) 2021

  • Amends the COVID-19 Public Health Response (Vaccinations) Order 2021, which requires persons belonging to specified groups who carry out certain work to be vaccinated, extending the period for which FENZ personnel working in the health and disability sector, or at or for affected education services, are treated as vaccinated, among other things.

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

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

Provisional Consent to the Distribution of a New Medicine

  • Provisionally consents to the sale, supply or use in New Zealand of the new medicine COVID-19 Vaccine AstraZeneca until 29 April 2022, subject to the specified conditions.

Specified COVID-19 Vaccination Exemption Criteria

  • Determines the criteria in Schedule 1 as specified COVID-19 vaccination exemption criteria.

FROM THE REGULATORS













That completes this edition of the COVID-19 update. The next update will be released on Wednesday 24 November 2021.