COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 4 AUGUST 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.
- Uses a series of exemptions from certain provisions of the Civil Aviation Regulations 1988, the Civil Aviation Safety Regulations 1998 and Civil Aviation Order 40.7 to extend the time-limits for compliance with pilot proficiency check and flight review obligations.
- Amends the Social Security (Asset-test Exempt Income Stream (Market-linked) - Payment Factors) Principles 2017 to extend by a further year the halving of the minimum draw-down rate to allow the income stream to remain asset-test exempt, due to the continuing economic impact of COVID-19.
Therapeutic Goods Amendment (Therapeutic Goods Advertising Code) Instrument (No. 3) 2021
- Amends the Therapeutic Goods Advertising Code (No. 2) 2018 to replace references to the Therapeutic Goods (Restricted Representations - COVID-19 Vaccines) Permission (No. 2) 2021 with references to the Therapeutic Goods (Restricted Representations - COVID-19 Vaccines) Permission (No. 3) 2021.
Therapeutic Goods (Excluded Goods) Amendment (Borderline Products - COVID-19) Determination 2021
- Amends the Therapeutic Goods (Excluded Goods) Determination 2018 to determine specified borderline products, including certain cleaning products and sanitation, environmental control and environmental detoxification equipment, to be excluded goods for the purposes of the Therapeutic Goods Act 1989.
- Repeals the Environmental Planning and Assessment (COVID-19 Development - Construction Work Days) Order (No 2) 2021 and makes a new order permitting certain construction work - came into force on 31 July 2021.
Poisons and Therapeutic Goods Regulation 2008 (NSW) - Approval 28 July 2021
- Revokes the approval instrument signed on n 14 July 2021 and published in the NSW Government Gazette Number 320 on 16 July 2021, and approves the SARS-CoV-2 (COVID-19) AstraZeneca (ChAdOx1-S) vaccine for the purposes of Clause 48A(1A)(d) of the Poisons and Therapeutic Goods Regulation 2008 (NSW) subject to certain conditions.
Public Health Amendment (COVID-19 Mandatory Face Coverings) Regulation (No 4) 2021
- Increases the penalty notice amount payable for an offence against the Public Health Act 2010, Section 10 committed by an adult involving contravention of a Ministerial direction to wear a face covering and to provide for specific penalty notice amounts for a child under the age of 18 years of age who commits the offence - came into force on 30 July 2021.
Public Health (COVID-19 Gathering Restrictions) Order (No 2) Amendment Order (No 3) 2021
- Requires construction sites in Greater Sydney to have a COVID-19 Safety Plan, and clarifies that the coastal waters of the State are taken to be part of the closest local government area - came into force at the beginning of 31 July 2021.
Public Health (COVID-19 Interstate Travellers) Order (No 3) 2021
- Enables the CHO to identify places outside of NSW as affected areas, areas of concern or places of high concern, requires persons arriving in NSW from affected areas to complete a traveller self-declaration form, requires persons arriving in NSW who have been in an area of concern during the specified time to travel directly to the person’s place of resident and remain there until cleared, and prohibits a person who is not a resident of NSW who has been in a place of high concern during the specified time from entering NSW, among other things - came into force at the beginning of 31 July 2021.
Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Amendment (No 16) Order 2021
- Extends to residents of the local government areas of City of Campbelltown, Georges River and the City of Parramatta, restrictions preventing the residents from leaving the local government area for the purposes of work unless they are authorised workers, enables certain works and activities to be carried out on a construction site in Greater Sydney in preparation for construction work commencing or recommencing on the construction site unless the construction site is in the specified local government areas, and requires a person in Greater Sydney who goes out to obtain food and other goods and services to obtain them locally - came into force at the beginning of 29 July 2021.
Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Amendment (No 17) Order 2021
- Permits construction sites to operate in Greater Sydney other than in certain higher risk local government areas, permits certain work under certain conditions to be carried out in residential premises in Greater Sydney other than premises in one of the higher risk areas, requires persons in the higher risk areas to wear a fitted face covering when outside and to stay within 5 km of their homes when undertaking exercise or obtaining food or other goods or services (as far as practicable), requires all residents of Greater Sydney to carry evidence of their place of residence if undertaking exercise or outdoor recreation away from their homes and to show it to police upon request, and permits people who live alone to nominate a person as a social visitor, among other things - came into force at the beginning of 30 July 2021 and 31 July 2021.
Border Restrictions Direction (No. 31)
- Prohibits persons from entering Queensland if they have been in a COVID-19 hotspot unless permitted by this direction, and sets the entry requirements for border zone residents.
Queensland COVID-19 Restricted Areas (No. 19)
- Identifies the following LGA’s as Queensland COVID-19 restricted areas: City of Brisbane, City of Ipswich, Logan City, Moreton Bay Region, Redland City, Sunshine Coast, Gold Coast City, Noosa Shire, Somerset Region, Lockyer Valley Region, and Scenic Rim Region.
Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 2)
- Restricts the number of people who may gather in homes or public places in a locked down area, the reasons for leaving home, and who may enter or leave a locked down area and restricts how certain businesses must operate or whether businesses can operate in the locked down area.
Direction Under Section 16 - Mask Wearing at Events - No. 1
- Requires persons attending an event at a stadium or area to wear a fitted face covering and requires the organiser of the event to inform a person attending the event to wear a mask.
Direction Under Section 16 - Residential Aged Care Facilities - No. 12
- Limits entry to residential aged care facilities to manage the threat to public health posed by COVID-19.
Direction Under Section 16 - Stay at Home Requirements - Travellers from Queensland - No. 2
- Requires persons in Tasmania who were in a high risk level 2 area in Queensland at any time on or after 12.01 am on 17 July 2021 but before 4 pm on 31 July 2021 to stay at home as required.
Direction Under Section 16 - Travellers from South Australia - No. 1
- Requires certain persons in Tasmania who were in South Australia at any time on or after 12.01 am on 8 July 2021 but before 4.00 pm on 20 July 2021 to wear a fitted face covering while away from the person’s primary residence in Tasmania for at least 14 days since they were last in South Australia.
Direction Under Section 16 - Travellers from Victoria - No. 2
- Requires certain persons in Tasmania who have been in Victoria at any time on or after 12:01 am on 8 July 2021 but before 12.01 am on 16 July 2021 to wear a fitted face covering while away from the person’s primary residence in Tasmania for at least 14 days since they were last in Victoria.
Care Facilities Directions (No. 39)
- Provides for restricted access to care facilities in order to limit the spread of COVID-19 within a particularly vulnerable population - came into force at 11.59 pm 29 July 2021.
Diagnosed Persons and Close Contacts Directions (No. 25)
- Requires persons diagnosed with COVID-19 to self-isolate and persons who are living with a diagnosed person, or who have been in close contact with a diagnosed person to self-quarantine - came into force at 11.59 pm 29 July 2021.
Extension of Declaration of a State of Emergency
- Extends the declaration of a state of emergency until 11:59 pm on 26 August 2021
Hospital Visitor Directions (No. 35)
- Prohibits certain visits to hospitals in order to limit the spread of COVID-19 - came into force at 11.59 pm 29 July 2021.
Measurement and Verification in Victorian Energy Upgrades - Specifications
- Applies the DELWP publication Accounting for COVID-19 Under VEU (2021) as amended from time to time, which specifies how rules for defining methods and variables should be amended during a State of Emergency or State of Disaster.
Restricted Activity Directions (Victoria) (No. 22)
- Restricts the operation of certain businesses and undertakings in the State of Victoria to address the serious public health risk posed to Victoria by COVID-19 - came into force at 11.59 pm 3 August 2021.
Stay Safe Directions (Victoria) (No. 27)
- Restricts private and public gatherings, and requires persons to carry and wear face coverings at all times except in certain circumstances - came into force at 11.59 pm 29 July 2021.
Victorian Border Crossing Permit Directions (No. 26)
- Provides 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 in order to limit the spread of COVID-19 - came into force at 11.59 pm 3 August 2021.
Workplace (Additional Industry Obligations) Directions (No. 35)
- Establishes additional specific obligations on employers and workers in specific industries in relation to managing the risk of COVID-19 - came into force at 11.59 pm 29 July 2021.
- 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 associated with COVID-19 - came into force at 11.59 pm 29 July 2021.
- Approves, under the COVID-19 Testing Directions (No.2), medical practitioners and persons duly and properly engaged to collect specimens to request a COVID-19 test as an approved requested in respect of any person that the requested has been reasonably satisfied is a person required to present to the COVID Clinic to comply with the Presentation for Testing Directions (No.31).
Extension of Declaration (No. 2) of Public Health State of Emergency
- Extends the public health state of emergency declaration for a period of 14 days.
Extension of Emergency Situation Declaration
- Extends the state of emergency for a period of 14 days.
Outbreak Outside of Western Australia Response Directions (No 3)
- Restricts entry to WA to approved travellers only, and imposes requirements on owners and operators of certain aircraft, among other things.
Presentation for Testing Directions (No 31)
- Requires certain persons entering WA to present for testing.
Public Health Amendment Regulations (No. 2) 2021
- Amends Regulation 3 of the Public Health Regulations 2017 to include Human coronavirus with pandemic potential, among other things.
- Amends the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Notice 2021, ending all quarantine-free travel from Australia and for all persons who have been in Australia during the 14-day period immediately preceding the departure of their flight for NZ, and continues, for aircrew members and others undertaking relocating flights from Australia to NZ, the exemption from isolation or quarantine after arrival if certain conditions are satisfied.
Provisional Consent to the Distribution of a New Medicine
- Grants provisional consent for nine months for the sale, supply or use in New Zealand of the new medicine COVID-19 Vaccine AstraZeneca.
FROM THE REGULATORS
National Cabinet:
Office of the National Rail Safety Regulator:
Prime Minister of Australia:
Therapeutic Goods Administration:
WA Government:
NZ Government:
World Health Organisation:
- Joint Statement of the Multilateral Leaders Task Force on COVID-19 Vaccines, Therapeutics, and Diagnostics for Developing Countries following its Second Meeting
- Updated Recommendations for Use of the ChAdOx1-S [recombinant] Vaccine Against COVID-19
- WHO Director-General’s Opening Remarks at the Media Briefing on COVID-19 - 30 July 2021
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 11 August 2021.