CONTACT US
CLIENT LOGIN
CONTACT US
CLIENT LOGIN

COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 27 OCTOBER 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.

Commonwealth

Air Navigation (Exemption for Commercial Non-Scheduled Flights) Amendment Determination 2021

  • Amends the Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019, to remove exemptions for single charter flights carrying one or more passengers, regardless of the seating capacity of the aircraft, while the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 remains in force.

Heavy Vehicle National Law Amendment to National Heavy Vehicle Accreditation Scheme 2021 (No.1)

  • Gives notice of minor amendments made to the National Heavy Vehicle Accreditation Scheme that consist of COVID-19 related measures relating to the remote conduct of audits by NHVAS third party auditors.

Social Security (Ordinary Waiting Period Exemption) Instrument 2021

  • Provides an exemption from the ordinary waiting period for a person who makes a claim for Parenting Payment, Youth Allowance or Jobseeker Payment. It also amends the Social Security (Exemptions from Non-payment and Waiting Periods - Activities) Specification 2017 to include the activity of making a claim for a social security payment by a person while they are in receipt of a COVID-19 Australian Government payment, or within 13 weeks of such receipt, as a specified activity for the purposes of Sections 500WA, 549CA and 620 of the Social Security Act 1991.
Australian Capital Territory

Public Health (ACT School or Early Childhood Education and Care Workers COVID-19 Vaccination) Emergency Direction 2021

  • Restricts access to education facilities by workers who do not meet vaccination requirements and prohibits family day care residences from operating unless vaccination requirements are met.

Public Health (Restricted Activities) Emergency Direction 2021 (No 2)

  • Requires persons to carry and wear a face mask when outside their residence, places restrictions on gatherings in outdoor and indoor spaces and gatherings at residential premises, sets the requirements for businesses and undertakings (including restricted activities, businesses or undertakings), and restricts visitors to residential aged care facilities to no more than two visitors a day for a resident.
New South Wales

Approval Under Poisons and Therapeutic Goods Regulation 2008

  • Approves the Vaxzevria ChAd0x1-S COVID-19 vaccine ('AstraZeneca vaccine'), Comirnaty (BNT162b2 [mRNAJ) COVID-19 vaccine ('Pfizer vaccine') and the Spikevax (elasomeran) COVID-19 vaccine ('Moderna vaccine'), collectively 'an approved vaccine', for the purposes of Clause 48A(1A)(d) of the Poisons and Therapeutic Goods Regulation 2008 - came into force on 14 October 2021.

District Court Criminal Practice Note 23 - Resumption of Jury Trials and in person appearances in Judge Alone Trials

  • Lifts the temporary suspension of jury trials at the specified venues on 25 October 2021 - came into force on 21 October 2021.

Exemption Under Public Health (COVID-19 General) Order 2021 Under the Public Health Act 2010 (NSW)

  • Grants an exemption to a fully vaccinated person from Clauses 6.5A 6.6(2) of the Public Health (COVID-19 General) Order 2021 to the extent they are travelling to Lord Howe Island and provided they take the most practicable direct route to Lord Howe Island - came into force on 22 October 2021.

Local Government (General) Amendment (Elections) Regulation 2021

  • Amends the Local Government (General) Regulation 2021 to make further provision regarding the conduct of local government elections during the COVID-19 pandemic - came into force on 22 October 2021.

Practice Note DDT No. 1 of 2021 - Applications for Leave for in Person Appearances in Hearings

  • Allows applications to be made for leave to be granted for in person appearances in hearings, which includes bedside hearings at private homes and Issues and Listings Conferences (ILC) before the Registrar, which are listed for hearing on or after 25 October 2021 - came into force on 14 October 2021.

Public Health Amendment (COVID-19 Definitions) Order 2021

  • Amends various orders under the Public Health Act 2010 to provide that certain COVID-19 vaccines administered outside Australia satisfy vaccination requirements for the purposes of the orders, and provide that evidence of a medical contraindication to a COVID-19 vaccine from the Australian Immunisation Register is sufficient evidence of the contraindication for the purposes of the orders - came into force on 20 October 2021.

Public Health (COVID-19 General) Amendment Order (No 3) 2021

  • Allows up to 1,000 persons to attend COVID-19 safe outdoor gatherings for community sporting activities in the general area, and provides for the repeal on 1 November 2021 of the direction for an occupier of a hospitality venue in the general area not to permit a group booking of more than 20 persons unless it is for a significant event authorised to be held at the venue - came into force on 19 October 2021.

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

  • Permits a person to participate in an indoor gym class or dance class without wearing a fitted face covering - came into force on 21 October 2021.

Public Health (COVID-19 Self-Isolation) Order (No 3) Amendment Order (No 4) 2021

  • Amends the Public Health (COVID-19 Self-Isolation) Order (No 3) 2021 in relation to self-isolation periods for fully vaccinated persons, notifications to be given after diagnoses of COVID-19 and the application of certain orders to persons medically cleared of COVID-19 - came into force at 8 am on 21 October 2021.

Public Health (COVID-19 Vaccination of Health Care Workers) Order (No 2) 2021

  • Repeals and remakes the Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 which deals with the vaccination of health care workers - came into force on 22 October 2021.
Northern Territory

COVID-19 Directions (No. 56) 2021: Directions for Freight Workers

  • Prohibits freight workers from entering the Territory unless the freight worker is vaccinated and they must provide evidence of vaccination, requires freight workers to submit a risk mitigation management plan prior to entering the Territory, outlines when a freight worker must quarantine after entry to the Territory, sets testing and social distancing requirements, and omits direction 11 from COVID-19 Directions (No. 38) 2021
Queensland

Housing Legislation Amendment Act 2021

  • Among other things, allows continuity of protection for tenants and residents experiencing domestic violence by making temporary amendments enduring when certain provisions in the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 are repealed.

Quarantine and Other Requirements for International Arrivals Direction (No. 13)

  • Imposes quarantine, post-quarantine, registration and vaccination requirements for international arrivals
South Australia

Emergency Management (Cross Border Travel - Associated Direction No 60) (COVID-19) Direction 2021

  • Applies levels of requirements applying to people arriving from specified restricted zones, modifies the General Direction in its application to certain categories of people, imposes a requirement that most arrivals from high-risk jurisdictions be tested and have commenced being vaccinated against COVID-19, and imposes testing requirements on commercial transport freight workers, including those arriving from zones that are not restricted zones.

Emergency Management (Healthcare Setting Workers Vaccination No 2) (COVID-19) Direction 2021

  • Maintains the provision of healthcare services operating in the State of SA despite the presence of COVID-19 in the community, minimises the disruption to those services due to the spread of COVID-19 amongst healthcare setting workers, minimises the disruption to those services due to workers being furloughed following possible exposure to COVID-19, and reduces the risk of the spread of COVID-19 by healthcare setting workers to patients.
Tasmania

Direction Under Section 16 (Management of Premises - No. 14)

  • Requires the occupier, owner, or operator of certain premises to adhere to capacity limits and social distancing requirements.

Direction Under Section 16 (Mass Gatherings - No. 6)

  • Sets the requirements for a tier 1 event, tier 2 event, tier 3 event and a large scale event.

Section 15 Extension of Emergency Declaration

  • Extends the period during which the public health emergency declaration is in force for a further period of 12 weeks.
Victoria

Area Directions (No 27)

  • Identifies areas within Victoria which have a higher prevalence of, or risk of exposure to, COVID-19 and which are subject to specific directions which are reasonably necessary to protect public health (includes, among other things, a change to the definition of Metropolitan Melbourne to “the areas within the municipal districts under the local government of the municipal councils set out in Schedule 2 of the Planning and Environment Act 1987, except Little River”, and Regional Victoria to “the aggregate area consisting of the municipal districts, suburbs, localities and addresses under the local governments in the State of Victoria that are not part of Melbourne”) - came into force at 11.59 pm on 21 October 2021.

Care Facilities Directions (No 47)

  • 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 on 21 October 2021.

COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No 10)

  • Imposes obligations upon operators of specified facilities (residential aged care facilities, construction sites, healthcare facilities and education facilities) in relation to the vaccination of workers, in order to limit the spread of COVID-19 within the population in these settings - came into force at 11.59 pm on 21 October 2021.

COVID-19 Mandatory Vaccination (Workers) Directions (No 5)

  • Imposes obligations, with various changes, upon employers in relation to the vaccination of workers, in order to limit the spread of COVID-19 within the population of those workers - came into force at 11.59 pm on 21 October 2021.

Diagnosed Persons and Close Contacts Directions (No 31)

  • 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 - came into force at 11.59 pm on 23 October 2021.

Extension of Declaration of a State of Emergency

  • Extends the declaration of a state of emergency from 21 October 2021 until 18 November 2021 - came into force at 11:59 pm on 21 October 2021.

Hospital Visitor Directions (No 38)

  • Prohibits non-essential visits and access to hospitals in order to limit the spread of COVID-19 within a particularly vulnerable population - came to force at 11.59 pm on 21 October 2021.

Open Premises Directions (No 2)

  • Imposes obligations upon operators of certain premises in Metropolitan Melbourne and Regional Victoria, and patrons that attend those premises, in relation to vaccination against COVID-19 and other requirements, in order to address the serious public health risk posed to Victoria by COVID-19 - came into force at 11.59 pm on 23 October 2021.

Public Health and Wellbeing Amendment (Tiered Infringement Offences) Regulations) 2021

  • Inserts additional infringements in Table 2 of Schedule 8 to the Public Health and Wellbeing Regulations 2019, including for offences relating to face coverings, density quotients, record keeping, COVIDSafe Plans and vaccination of workers, among other things - came into force on 21 October 2021.

Stay Safe Directions (Metropolitan Melbourne) (No 5)

  • Requires everyone who ordinarily resides in Metropolitan Melbourne to restrict the circumstances in which they may leave Metropolitan Melbourne, limit interactions with others by restricting private and public gatherings and carry and wear face coverings at all times except in limited circumstances - came into force at 11.59 pm on 23 October 2021.

Stay Safe Directions (Regional Victoria) (No 15)

  • Requires everyone who ordinarily resides in Regional Victoria to restrict the circumstances in which they may leave Regional Victoria, limit interactions with others by restricting private and public gatherings and carry and wear face coverings at all times except in limited circumstances - came into force at 11.59 pm on 23 October 2021.

Victorian Border Crossing Permit Directions (No 35)

  • Continues to provide a traffic light border crossing scheme for persons seeking to enter Victoria from any other State or Territory in order to limit the spread of COVID-19 - came into force at 11:59 pm on 21 October 2021.

Workplace (Additional Industry Obligations) Directions (No 53)

  • Establishes additional specific obligations on employers and workers in specified industries (poultry processing facilities; abattoirs and meat processing facilities; seafood processing facilities; supermarket Work Premises and perishable food Work Premises; warehousing and distribution centres; commercial cleaning services; commercial passenger vehicle services; horticulture operations using seasonal workers for seasonal horticultural work; care facilities; ports of entry servicing international arrivals; hotel quarantine; hospitals; Australian air transport operators; construction sites; schools; childcare or early childhood education services) in relation to managing the risk associated with COVID-19 - came into force at 11.59 pm on 23 October 2021.

Workplace Directions (No 53)

  • Limits the number of Victorians attending Work Premises to assist in reducing the frequency and scale of COVID-19 outbreaks in Victorian workplaces and to establish 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 23 October 2021.
Western Australia

Authorisation by the State Emergency Coordinator of Security Officers as Authorised Officers

  • Authorises a security officer to act as an authorised officer provided certain conditions are met.

Controlled Border for Western Australia Amendment Directions (No 44)

  • Amends the definitions of 'low risk jurisdiction' and 'relevant time' in the Controlled Border for Western Australia Directions, and updates references to certain Directions.

Designation by the Chief Health Officer Under Regulated Entry of Higher Risk Vessels into Western Australia Directions

  • Designates certain locations as COVID-19 higher risk locations, certain times as the relevant time in relation to a COVID-19 higher risk location, and certain times as the time at which the higher risk period ends in relation to a COVID-19 higher risk location.

Extension of State of Emergency Declaration 22 October 2021 to 5 November 2021

  • Extends the state of emergency declaration for a period of 14 days.

Outbreak Outside of Western Australia Response Directions (No 10)

  • Imposes requirements relating to entry by persons subject to a specified arrangement, supervised quarantine travellers, medium risk travellers, high risk travellers, extreme risk travellers, and exposed household contacts and persons who have had direct contact with an extreme risk traveller, among other things.

Primary Health Care Worker (Restrictions on Access) Directions

  • Puts in place some measures to address the unique risks posed by COVID-19 in primary health care settings in order to limit the spread of COVID-19 in WA and ensure primary health care facilities are available to help manage the current public health state of emergency.

Regulated Entry of Higher Risk Vessels into Western Australia Directions

  • Prevents the importation of COVID-19 into WA by regulating the entry of higher risk vessels.
New Zealand

COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 11) 2021

  • Amends the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 to require persons arriving in New Zealand by air to satisfy the vaccination requirement at least 14 days before their journey to New Zealand began and to produce, if requested, evidence of this, and to require air carriers to take reasonable steps to ensure that, before an aircraft arrives in New Zealand, everyone on board has evidence of having satisfied the vaccination requirement, or of being an excepted or exempted person.

COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 8) 2021

  • Amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021 to remove Northland from the alert level 3 area.

COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021

  • Amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021 to insert definitions of 'registered school' and 'tertiary education entity', require students aged 12 years or older to wear a face covering when travelling on a school transport service, ensure that a student at a tertiary education entity may change residences as a result of their study beginning or concluding (even if the Government has announced a more restrictive alert level for the area in which the student currently resides), provide that a student may travel between alert level areas (or between parts of the alert level 3 area) to return to a school hostel and remain there for the rest of the 2021 school year, require certain persons to provide evidence of their reason to travel between alert level areas or parts of areas, require a student at a tertiary education entity who is relocating their home or place of residence as a result of their study beginning or concluding to comply with certain COVID-19 testing requirements, exempt registered schools from certain physical distancing requirements in the alert level 3 area to a limited extent, amend physical distancing requirements for certain registered schools, and amend requirements for worker travel, student attendance to school and student changes of residence, among other things.

COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021

  • Extends, to 3 additional groups of affected persons (certain affected persons working in health and disability sector, affected persons working in prisons and affected persons and affected persons in affected education services), the requirement that persons belonging to specified groups who carry out certain work to be vaccinated.

COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 12) 2021

  • Refers a project to an expert consenting panel for the purpose of the COVID-19 Recovery (Fast-track Consenting) Act 2020.

Direction Under the Education and Training Act 2020 to All Registered Schools in any COVID-19 Alert Level 2 Area Providing Preparatory Study, and Conducting External Examinations and External Assessment For Students in Years 9 to 13 From an Alert Level 3 Area

  • Imposes requirements for the governing bodies of certain registered schools in Alert Level 2 areas.

Direction Under the Education and Training Act 2020 to All Registered Schools in any COVID-19 Alert Level 3 Area Providing Preparatory Study, and Conducting External Examinations and External Assessment for Students in Years 9 to 13

  • Imposes requirements for the governing bodies of certain registered schools in Alert Level 3 areas.

FROM THE REGULATORS

Australia

Australian Government: 

Comcare: 

Department of Health:

Therapeutic Goods Administration:

Australian Capital territory

ACT Government:

New South Wales

NSW Government:

NSW Health:

Northern Territory

NT Government:

Queensland

QLD Government:

South Australia

Return to Work SA: 

SA Government:

Tasmania

Tasmanian Government:

Victoria

Department of Health and Human Services:

Essential Services Commission: 

Victorian Building Authority: 

Victorian Government:

Western Australia

WA Government:

WorkCover WA:

New Zealand

NZ Government:

Other

World Health Organisation:

That completes this edition of the COVID-19 update. The next update will be released on Wednesday 3 November 2021.

View past editions
Download this update as a word document
Download this update as an Excel document
We use cookies and other similar technologies to improve your browsing experience and the functionality of our site. By clicking "Accept All Cookies," you consent to the storing on your device of all the technologies described in our Cookie Policy. You can revoke your cookie attestation by clearing your browser session and clicking "Dismiss".