COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 3 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 (Entry Requirements - Human Coronavirus with Pandemic Potential) Determination 2021

  • Sets out new entry requirements for people who are entering Australia at a landing place or port.

Biosecurity (Human Coronavirus with Pandemic Potential) Amendment (No. 2) Determination 2021

  • Amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 to include an automatic exemption for fully vaccinated Australian citizens and permanent residents to depart Australian territory, provided they meet the specified criteria.

Biosecurity Legislation Amendment (Incoming International Flights) Determination 2021

  • Amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements - Incoming International Flights) Determination 2021 and the Biosecurity (Human Coronavirus with Pandemic Potential) (Preventative Biosecurity Measures - Incoming International Flights) Determination 2021 to ensure that the measures in place are appropriate to address the emergency human biosecurity risk posed by returning overseas travellers.

Child Care Subsidy Amendment (Coronavirus Response Measures No. 7) Minister’s Rules 2021

  • Amends the Child Care Subsidy Minister’s Rules 2017 to lessen the adverse impact on individuals and child care services arising from COVID-19 related lockdowns in Australia.

Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021

  • Amends the Migration Regulations 1994 to facilitate applications in Australia by applicants who are prevented from leaving due to COVID-19 related travel restrictions but meet all other requirements for making an application for the visa, among other things.

Migration Amendment (Prospective Marriage Visas) Regulations 2021

  • Amends the Migration Regulations 1994 to address the ongoing impact of COVID-19 by providing for the extension of Subclass 300 (Prospective Marriage) visas to 31 December 2022 if the visa holder was outside Australia on 15 September 2021 and the visa was in effect on 15 September 2021.

Public Health (Aged Care Workers and Visitors COVID-19 Vaccination) Emergency Direction 2021 (No 3)

  • Restricts access by unvaccinated workers and visitors to residential aged care facilities.

Public Health (COVID-19 Affected Areas) Emergency Direction 2021 (No 11)

  • 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 (Diagnosed People and Close Contacts) Emergency Direction 2021 (No 6)

  • Requires people who are diagnosed with COVID-19 to self-isolate, and people identified as a close contact to undertake a period of quarantine the length of which is dependent on whether or not the person has been fully vaccinated, in order to limit the spread of COVID-19.

Public Health (Mandatory Face Masks) Emergency Direction 2021 (No 5)

  • Requires a person who is in an indoor space outside their residence to, at all times, wear a face mask, unless exempt or removing it for one of the permitted reasons.

Public Health (Restricted Activities) Emergency Direction 2021 (No 5)

  • Places restrictions on gatherings, visitors at residences and certain businesses, activities and undertakings, sets conditions for non-restricted businesses, activities and undertakings, restricts visitors to residential aged care facilities, and imposes mask requirements, among other things.

Public Health (Returned Travellers) Emergency Direction 2021 (No 3)

  • Requires persons travelling from overseas to either quarantine or be tested for COVID-19, depending on whether or not the person has been fully vaccinated, in order to limit the spread of COVID-19.

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

  • Exempts the occupier of a place of public worship, a funeral home, or a cemetery or crematorium from Clause 2.3(1) of the Public Health (COVID-19 General) Order 2021 when a specified exempt gathering is being held on the premises, for the duration of the exempt gathering, subject to certain conditions.

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Amendment (Displaced Persons) Regulation 2021

  • Permits the manager of a caravan park or camping ground to authorise a displaced person, including a person displaced as a result of a natural disaster or the COVID-19 pandemic, to stay in the caravan park or camping ground for up to 2 years, and enables councils to extend, by a local approvals policy, the period within which a moveable dwelling or associated structure, installed without the need for council approval to accommodate a displaced person, can remain installed - came into force on 29 October 2021.

Public Health Amendment (COVID-19 Border Provisions) Order 2021

  • Amends the Public Health (COVID-19 Air Transportation Quarantine) Order (No 3) 2021 to make further provision for quarantine requirements for persons arriving in New South Wales by air who are fully vaccinated against COVID-19 and for flight crew members, the length of quarantine periods, the transportation of persons who have arrived in New South Wales by air, and the provision of vaccination evidence, and amends the Public Health (COVID-19 General) Order 2021 to direct that Victorian residents must not take a holiday or undertake recreation in New South Wales if they have not been vaccinated against COVID-19 - came into force on 1 November 2021.

Public Health Amendment (COVID-19 Penalty Notice Offences) Regulation (No 6) 2021

  • Prescribes a penalty notice offence amount of $5,000 for the offence of failing to comply with the direction prohibiting the provision, display or production of information or evidence to show a person is a fully vaccinated person that is not true and accurate - came into force on 27 October 2021.

Public Health (COVID-19 Air Transportation Quarantine) Order (No 3) Amendment Order 2021

  • Amends the Public Health (COVID-19 Air Transportation Quarantine) Order (No 3) 2021 to make further provision concerning persons who arrive in New South Wales from New Zealand - came into force on 1 November 2021.

Public Health (COVID-19 Care Services) Order (No 2) 2021

  • Repeals and remakes the Public Health (COVID-19 Care Services) Order 2021, which deals with the vaccination of aged care and disability services workers - came into force at 9 am on 1 November 2021.

Public Health (COVID-19 General) Amendment Order (No 5) 2021

  • Prohibits the provision, display or production of information, or evidence purporting to show a person is a fully vaccinated person, unless it is true and accurate - came into force on 27 October 2021.

Public Health (COVID-19 General) Amendment Order (No 6) 2021

  • Enables persons from overseas to use certain documents from the Department of Home Affairs of the Commonwealth as vaccination evidence - came into force on 1 November 2021.

Public Health (COVID-19 General) Amendment Order (No 7) 2021

  • Allows amusement centres and play centres in the general area to be open to members of the public, other than unvaccinated adults - came into force on 2 November 2021.

Public Health (COVID-19 Interstate Travellers) Order (No 4) 2021

  • Remakes, with minor amendments, the Public Health (COVID-19 Interstate Travellers) Order (No 3) 2021 and enables the CHO to identify places outside of NSW as affected areas, areas of concern or places of high concern, requires persons who arrive in NSW from an affected area to complete a traveller self-declaration form to provide information, including contact information and information about where the person has been, requires persons who arrive in NSW and who have been in an area of concern during the time specified in the notice identifying the area of concern to travel directly to the person’s place of residence and remain there until cleared, unless the person has a reasonable excuse to leave, requires persons who are in NSW, or authorised to enter NSW, and who have been in a place of high concern to self-isolate, and directs that persons who are not residents of NSW are not authorised to enter NSW if the person has been in a place of high concern during the time specified in the notice identifying the place of high concern - came into force at 5 pm on 27 October 2021.

Public Holidays Amendment (Grafton City) Order 2021

  • Amends the Public Holidays Order 2011 to declare that 9 December 2021 is to be part-day public holiday in Grafton City in the Clarence Valley LGA in substitution for a part-day public holiday on 4 November 2021 because of community safety concerns relating to the COVID-19 pandemic - came into force on 27 October 2021.

COVID-19 Directions (No. 57) of 2021: Amendment to COVID-19 Directions No. 8 2021

  • Inserts ‘whether or not the person has been vaccinated with a COVID-19 vaccine of a type approved by me’ after direction 9(d) of the COVID-19 Directions (No.8).

COVID-19 Directions (No. 58) of 2021: Directions for Persons Sharing Accommodation with Persons Undergoing Quarantine

  • Sets the requirements for accommodation shared with persons undergoing quarantine.

Border Restrictions Direction (No. 50)

  • Sets the requirements for entry to Queensland from other States and Territories in Australia and overseas, vaccination requirements for restricted and non-restricted border zones, and face mask requirements, among other things.

Designated COVID-19 Hospital Network Direction (No. 4)

  • Establishes designated COVID-19 hospitals (these hospitals have inpatient capacity, infrastructure, workforce and services that support a high degree of clinical capability and have measures to manage the spectrum of acuity of COVID-19 positive patients) and affects operators of hospitals who may have an individual with COVID-19 present, operators of designated COVID-19 hospitals where individuals who have COVID-19 are isolated or individuals subject to quarantine receive health care, individuals who have COVID-19 who must isolate, individuals arriving from overseas who are quarantined and who are receiving health care at a hospital, health workers at a hospital who treat, care for or work in proximity with an individual with COVID-19 or a quarantined person, and ambulance services or others who transport individuals who have COVID-19 or transport quarantined persons to a hospital.

Emergency Management (Cross Border Travel - Associated Direction No 61) (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.

Care Facilities Directions (No 48)

  • Provides for restricted access to care facilities in order to limit the spread of COVID-19 within a particularly vulnerable population, balancing the need to limit the spread of COVID-19 against the broader responsibilities of care facilities to the physical, emotional and psychological wellbeing of their clients - came into force at 6 pm on 29 October 2021.

COVID-19 Mandatory Vaccination (General Workers) Directions

  • Imposes obligations upon employers in relation to the vaccination of general workers, in order to limit the spread of COVID-19 within the population of those workers - came into force at 6 pm on 29 October 2021.

COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No 11)

  • 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 - came into force at 6 pm on 29 October 2021.

COVID-19 Mandatory Vaccination (Workers) Directions (No 6)

  • Imposes obligations 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 6 pm on 29 October 2021.

Diagnosed Persons and Close Contacts Directions (No 32)

  • 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 6 pm on 29 October 2021.

Open Premises Directions (No 3)

  • Imposes obligations upon operators of certain open premises in the State of Victoria and patrons that attend those premises in relation to vaccination against COVID-19 and other requirements - came into force at 6 pm on 29 October 2021.

Stay Safe Directions (Victoria) (No 28)

  • Requires everyone who ordinarily resides in the State of Victoria to limit interactions with others by restricting private and public gatherings and to carry and wear face coverings in certain settings - came into force at 6 pm on 29 October 2021.

Victorian Border Crossing Permit Directions (No 36)

  • 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 29 October 2021.

Workplace (Additional Industry Obligations) Directions (No 54)

  • 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 29 October 2021.

Workplace Directions (No 54)

  • Limits the number of Victorians attending work premises to assist in reducing the frequency and scale of outbreaks of COVID-19 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 6 pm on 29 October 2021.

Chief Health Officer Approved Form of Evidence of COVID-19 Vaccination for the Purposes of Paragraph 8 of the Health Worker (Restrictions on Access) Directions (No 3)

  • Approves the specified forms of evidence as evidence that must be produced by a health care worker or health support worker that they have been vaccinated against COVID-19 for the purposes of paragraph 8 of the Health Worker (Restrictions on Access) Directions (No 3).

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

  • Approves the specified forms of evidence as evidence that must be produced by a primary health care workers of their vaccination status for the purposes of paragraph 7 of the Primary Health Care Worker (Restrictions on Access) Directions.

Controlled Border for Western Australia Amendment Directions (No 45)

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

Exposed Port Worker (Restrictions on Access) Directions (No 3)

  • Puts in place some measures to address the unique risks posed by COVID-19 on exposed vessels for the purpose of preventing the importation of COVID-19 into WA and otherwise limiting the spread of COVID-19 in WA.

Extension of Western Australia Declaration (No. 3) of Public Health State of Emergency

  • Extends the duration of the public health state of emergency declaration for a period of 14 days from 25 October 2021.

Queensland Quarantine, Isolation and Presentation for Testing Modification Directions

  • Modifies the operation of existing requirements to self-quarantine and present for testing that apply to a limited class of people who entered WA within 14 days of having been in Queensland.

COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 10) 2021

  • Amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021 to revoke Part 3A which means that the Waikato part of the alert level 3 area moves to sage 1 of the alert level 3 step down.

COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 11) 2021

  • Amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021 to extend the reasons for which a person may travel from a principal home or place of residence in one location (location A) to another home or place of residence in a different location (location B) after a Government announcement of more restrictive alert level requirements in location A, to clarify that the exceptions in Clauses 19A to 19C are in relation to the Auckland part of the alert level 3 area, to permit a person to leave their home or place of residence in the alert level 3 area to collect a person leaving a hospital, another residential health service, or residential care, to require face coverings to be worn when on any part of the premises of a car parking building that is open to the public in the alert level 3 area, to modify the requirement for the wearing of face coverings by workers of close-proximity businesses or services in the alert level 2 area, and to enable a person to go into, out of, or through alert level areas (or between parts of the alert level 3 area) to collect a person leaving a hospital, another residential health service, or residential care, among other things.

COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 13) 2021

  • Amends the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020 to refer 2 projects to an expert consenting panel for the purpose of the COVID-19 Recovery (Fast-track Consenting) Act 2020.

COVID-19 Resurgence Support Payments Scheme (August 2021) Amendment Order (No 4) 2021

  • Amends the COVID-19 Resurgence Support Payments Scheme (August 2021) Order 2021 to provide that the specified periods for each of the first, second, and third grants end at the close of 1 November 2021.

Direction Under the Education and Training Act 2020 Regarding Secondary Education Affected by Alert Level 3 Restrictions

  • Directs the governing bodies of all registered schools to whom this direction applies to comply with the specified requirements, as appropriate to the Alert Level in which the school is situated, from 26 October 2021.

Direction Under the Education and Training Act 2020 to All Registered Schools Enrolling Students Over the Age of 12 Years

  • Directs the governing bodies of all registered schools who enrol students over the age of 12 years to comply with the specified vaccine requirements from 1 November 2021.

Exemption of Persons from Pre-departure Testing Requirements Before Arriving in New Zealand by Air

  • Declares that certain classes of persons arriving in New Zealand by air are exempt from the requirements for pre-departure COVID-19 testing or examination by a medical practitioner set out in Clause 8(2B) if the COVID-19 Public Health Response (Air Border) Order (No 2) 2020.

Replacement Special Direction - Extension of Visas Held by a Class of Onshore Persons Whose Visas are Expiring to Manage Effects and Deal with Consequences of Measures Taken to Contain or Mitigate the Outbreak of COVID-19 or its Effects

  • Extends the visas held by a specified class of people.

Specification of COVID-19 Vaccines for the Purposes of the Vaccination Requirement in Clause 7E of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 11) 2021

  • Declares that the specified vaccines are COVID-19 vaccines for the purposes of meeting the vaccination requirement in Clause 7E of the COVID-19 Public Health Response (Air Border Order) Order (No 2) 2021.

FROM THE REGULATORS













That completes this edition of the COVID-19 update. The next update will be released on Wednesday 10 November 2021.