COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 15 APRIL 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.
- Amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements for Remote Communities) Determination 2020 to prevent or control the entry or spread of COVID-19 in Queensland, Western Australia, South Australia and the Northern Territory.
- Amends CASA EX57/20 by correcting minor editorial errors, recasting some existing provisions for greater clarity, and incorporating further emergency exemptions from certain provisions of the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998.
CASA EX65/20 - Extension of Airworthiness Review Certificate (COVID-19) Exemption 2020
- Enables a continuing airworthiness management organisation to extend the time for which an airworthiness review certificate for an aircraft is in force a third time and for a maximum period of 6 months.
Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020
- Provides an economic response, and deals with other matters, relating to COVID-19, and for other purposes.
Coronavirus Economic Response Package (Payments and Benefits) Act 2020
- Provides financial support to entities to assist with the impact of COVID-19.
Coronavirus Economic Response Package (Payments and Benefits) Rules 2020
- Establishes the JobKeeper payment scheme and specifies details about the scheme.
Customs (Prohibited Exports) Amendment (COVID‑19 Human Biosecurity Emergency) Regulations 2020
- Implements a temporary prohibition on the export of goods that are essential to preventing the spread of COVID-19.
- Amends provisions of the Defence Determination 2016/19, Conditions of service relating to availability of short absence from duty that relates to COVID-19 and the provision of food allowance, and benefits provided to Australian Defence Force members and their families being evacuated from overseas in response to changes made by the Department of Foreign Affairs and Trade.
- Delegates all of the Treasurer's powers under section 5 of the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020 to certain persons.
- Defines the term 'SME entity' under the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020.
- Provides an interim measure to provide a patient who is confined to home access to necessary medicine through “Image Based Prescription for Medicine Supply”.
- Provides a six-month delay to Australian Public Service wage increases occurring during a period of 12 months.
Social Security (Deeming Threshold Rates) Determination 2020
- Determines the below threshold rate as 0.25 per cent, and the above threshold rate as 2.25 per cent, for the purpose of calculating income from financial assets under Division 1B of Part 3.10 of the Social Security Act 1991.
Therapeutic Goods (Medical Devices - Ventilators) (COVID-19 Emergency) Exemption 2020
- Exempts ventilators manufactured in Australia in accordance with the minimum technical requirements from certain requirements until 31 January 2021, subject to conditions.
COVID-19 Emergency Response Act 2020
- Gives urgent effect to Commonwealth agreements and ensures immediate operational requirements are able to come into effect to allow the Government to adapt to additional and extraordinary measures implemented as a result of the COVID-19 pandemic.
Public Health (Emergencies) Amendment Act 2020
- Allows an extension (or further extensions) of a declared public health emergency to remain in force for a period of to 90 days when it relates to a declaration made because of the COVID-19 emergency.
Public Health (Emergency) Declaration Further Extension 2020 (No 9)
- Further extends the period during which the Public Health (Emergency) Declaration 2020 (No 1) is in force.
- Facilitates social distancing by spreading infrastructure construction work over more days in a week.
Evidence (Audio and Audio Visual Links) Amendment (Emergency Measures - COVID-19) Regulation 2020
- Prescribes proceedings on indictment as proceedings to which a special provision enacted in response to the COVID-19 pandemic, that enables a court to direct that accused persons may appear in physical appearance proceedings by way of audio visual link, does not apply.
National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.1)
- Removes certain travel condition restrictions on heavy vehicle travel times during the COVID-19 Emergency.
Notice of Exemption - Competency Evidence Requirement for Dangerous Goods Driver Licence Renewals
- Provides temporary relief from the requirement to provide evidence for competency requirements while the COVID-19 pandemic is being managed.
Public Health Amendment (COVID-19 Spitting and Coughing) Regulation 2020
- Allows for the issue of penalty notices for a contravention of the Public Health (COVID-19 Spitting and Coughing) Order 2020 about intentionally spitting or coughing on a public official in a way that is likely to cause fear about the spread of COVID-19.
Public Health (COVID-19 Spitting and Coughing) Order 2020
- Gives a Ministerial direction about intentionally spitting at or coughing on public officials in a way that is reasonably likely to cause fear about the spread of COVID-19.
Exemption Under Private Security Act 1995
- Exempts certain persons applying for, or renewing, a licence as a crowd controller or security officer from certain first aid training requirements.
Exemption Under Rail Safety (National Uniform Legislation) Act 2012
- Exempts rail transport operators from certain periodic health monitoring requirements for railway operations carried out, or proposed to be carried out, in the Territory, in respect of the whole of the railway situated in the Territory, subject to conditions.
Supreme Court (Admission) Amendment Rule 2020
- Amends the Supreme Court (Admission) Rules 2004 to allow the Chief Justice to make a practice direction providing for an alternative process for admission to the legal profession.
Transport Legislation (COVID-19 Emergency Response) Regulation 2020
- Provides exemptions from, or otherwise modifies the application of, particular transport requirements.
Cost of Living Concessions (COVID-19 JobSeeker Household Payment) Variation Regulations 2020
- Amends the Cost of Living Concessions Regulations 2009.
COVID-19 Emergency Response Act 2020
- Makes various temporary modifications of the law of the State in response to the COVID-19 pandemic, and makes related amendments to the Emergency Management Act 2004, the Payroll Tax Act 2009 and the South Australian Public Health Act 2011, among other things.
Public Access and Public Consultation Notice (No 2) 2020
- Varies or suspends the operation of certain provisions of the Local Government Act 1999.
Declaration of Public Health Emergency - COVID-19
- Declares that the public health emergency, as originally declared on 17 March 2020, still exists.
Direction 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.
Direction to Self-isolate Under Emergency Management Act 2006
- Directs that every person who arrives in Tasmania must self isolate, and must answer questions and provide documentation upon request by an authorised officer.
Directions Under Section 16 of the Public Health Act 1997 - Gatherings - No. 6
- Restricts the operation of certain premises and services and restricts gatherings.
Directions Under Section 16 of the Public Health Act 1997 - Hospitals - No. 1
- Directs that a person must not enter, or remain on, the premises of a hospital in Tasmania between 7 April 2020 and midnight 20 April 2020 except in certain circumstances.
Directions Under Section 16 of the Public Health Act 1997 - Residential Aged Care Facilities - No. 2
- Directs that a person must not enter, or remain on, the premises of a residential aged care facility in Tasmania between 7 April 2020 and midnight 20 April 2020 except in certain circumstances.
Directions Under Section 16 of the Public Health Act 1997 - Specified Persons - No. 2
- Directs that each person who is within a specified class who arrives in Tasmania at any time on or after 8 April 2020 within a specified period, to monitor themselves for certain symptoms and remain at their ordinary place of residence if they believe they are displaying these symptoms.
Directions Under Section 16 of the Public Health Act 1997 - Stay at Home Requirements - No. 2
- Directs persons in Tasmania to remain at their primary place of residence except for certain purposes.
Duties (Concession Extension) Order 2020
- Extends, until 30 June 2022, the eligible periods that apply in respect of a duties concession for specified first home buyers, and specified pensioners buying property, in certain circumstances.
Exemption Under Rail Safety National Law (Tasmania)
- Exempts certain rail operators from certain periodic health assessment requirements, subject to conditions.
Notice Under Section 22 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020
- Declares that leases in relation to certain premises or parts of premises must not be terminated on the ground of unpaid rent or other moneys during the emergency period, and that the rent in relation to certain premises or parts of premises may not be increased except in certain circumstances.
Payroll Tax (Pandemic) Order 2020
- Waives the requirements for certain small and medium sized businesses and for certain businesses involved in the tourism, hospitality and seafood industries to lodge payroll returns for March, April and May return periods of this year, and to pay payroll tax for the 2019-2020 financial year in respect of certain employees.
Regulation of Aircraft Movement
- Prohibits flights of any aeroplane or aircraft from outside Tasmania to any place within Tasmania except to specified airports, in an emergency or with prior consent.
Restriction of Passenger Movement Under Emergency Management Act 2006
- Directs persons arriving in Tasmania after 11:59 pm on 28 March 2020, who have arrived from overseas or disembarked from a cruise ship within 14 days of their arrival in Tasmania, to self-isolate at specified accommodation.
Restriction on Arrivals in Tasmania Under Emergency Management Act 2006
- Directs persons arriving in Tasmania after 11:59 pm on 29 March 2020 from a departure point outside Tasmania to self-isolate at specified accommodation.
State Service Amendment Regulations 2020
- Makes provisions for granting a relevant employee special leave of absence with pay on account of COVID-19.
- Makes provision for restricted access to care facilities in order to limit the spread of COVID-19 within a particularly vulnerable population.
Extension of Declaration of a State of Emergency
- Extends the Declaration of a State of Emergency made on 16 March 2020 until midnight on 11 May 2020.
National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.1)
- Removes certain travel condition restrictions on heavy vehicle travel times during the COVID-19 Emergency.
Notice of Approval of Amendment - Amendment VC181
- Changes the Victorian Planning Provisions and all planning schemes in Victoria to facilitate the delivery of food and other essential goods during and following a state of emergency declared in relation to COVID-19.
Pharmacist Supply on a Digital Image (PHEO #4)
- Facilitates possession, use, sale and supply of certain schedule 4 poisons by certain medical personnel for a patient who is at risk of COVID-19, and enables sale or supply of certain schedule 4 poisons on an electronically transmitted digital image of an original prescription from a practitioner.
Public Health Emergency Order Under Section 22D of Drugs, Poisons and Controlled Substances Act 1981
- Enables persons in Victoria to obtain a Schedule 4 poison directly from a pharmacist, in certain circumstances.
Restricted Activity Directions (No. 2)
- Restricts the operation of certain businesses and undertakings in order to limit the spread of COVID-19.
Specified Standards for the Early Release of Superannuation Benefits 2020
- Specifies the standards to be applied to any application for early release of superannuation benefits.
Stay at Home Directions (No. 3)
- Requires persons in Victoria to limit their interactions with others by restricting the circumstances in which they may leave their ordinary place of residence and placing restrictions on gatherings.
Credit Contracts and Consumer Finance (Exemptions for COVID-19) Amendment Regulations 2020
- Provides exemptions from certain requirements of the Credit Contracts and Consumer Finance Act 2003 where the borrower has been impacted by the effects of COVID-19.
Epidemic Preparedness (Local Government Act 2002) Immediate Modification Order 2020
- Modifies requirements imposed by the Local Government Act 2002 that may be impossible or impracticable to comply with during an epidemic.
- Makes a modification to a requirement imposed by the Social Security Act 2018 that may be impossible or impracticable to comply with during an epidemic.
Goods and Services Tax (Grants and Subsidies) Amendment Order 2020
- Declares certain payments made by the Ministry of Social Development on behalf of the Crown not to be taxable grants or subsidies for the purposes of section 5(6D) of the Goods and Services Tax Act 1985.
High Court (COVID-19 Preparedness) Amendment Rules 2020
- Facilitates the continuation of civil proceedings in the High Court during the course of the outbreak of COVID-19.
Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2020
- Makes amendments to the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010.
- Extends the duration of motor vehicle licences in 2 categories.
Land Transport Rule COVID-19 Response (No 1) 2020
- Allows for vehicles to continue to be operated lawfully, and for drivers to continue to be licensed and to use endorsements and identification cards, during restrictions imposed in response to the outbreak of COVID-19.
- Gives non-exempt electricity distribution businesses more time to provide the Commission with their annual compliance statements for the DPP and CPP assessment periods ending 31 March 2020.
- Prescribes a new exceptional circumstances longer fixed period for temporary additional support, and prescribes new circumstances in which Ministry of Social Development may, under section 334 of the Social Security Act 2018, consider an exemption from expiry under section 332 of that Act for a specified benefit (jobseeker support or sole parent support).
Social Security (Exemption from Stand Down - Coronavirus COVID-19) Amendment Regulations 2020
- Exempts a benefit from a stand down if the applicant became entitled to receive it on or after 23 March 2020 and before 23 November 2020.
Social Security (Rates of Benefits and Allowances) (COVID-19 Recovery Package) Amendment Order 2020
- Makes amendments to the Social Security (Rates of Benefits and Allowances) Order 2020.
Takeovers Code (Facilitation of Capital Raising in Response to COVID-19) Exemption Notice 2020
- Exempts certain classes of persons, transactions, and offers from compliance with rule 6(1) of the Takeovers Code.
FROM THE REGULATORS
Attorney-General's Department:
CASA:
Department of Infrastructure, Transport, Regional Development and Communications:
- COVID-19 Response
- Exemption for Heavy Vehicle Drivers to Safely Manage Fatigue from Closures of Non-essential Services
NHVR:
Standards Australia:
Therapeutic Goods Administration:
Department of Planning, Industry and Environment:
Transport for NSW:
Department of Natural Resources, Mines and Energy:
Department of Transport and Main Roads:
QLD Government:
Department of Health and Human Services:
EnergySafe Victoria:
EPA:
Vicroads:
Department of Mines, Industry Regulation and Safety:
- COVID-19 Coronavirus Consumer Protection FAQ
- COVID-19 Coronavirus Guidance for Employers: Looking After Employee Mental Health
- COVID-19 Coronavirus Guide for Employees: Looking After Your Mental Health
- Minimising the risk of exposure to COVID-19 coronavirus for public transport including taxis and rideshare services
- Suspension on Issuing Miner's Rights and Section 40E Permits
- Tenement Holders can Apply for COVID-19 Expenditure Exemptions
- What to do if a Worker has COVID-19
Department of Planning, Lands and Heritage:
WA Government:
- Commercial Fishers’ Licence Fees Waived as Part of Stimulus Push
- JobKeeper Payments Exempt from Payroll Tax
- Minister Issues Exemption Notice for Local Planning Approvals
- More Support for Western Australians' Wellbeing During COVID-19
- Timeframe Amended for New Aboriginal Cultural Heritage Bill Due to COVID-19
- $91.2 Million Police Package to Support COVID-19 Response
WorkCover WA:
Department of Conservation:
Employment NZ:
EPA:
Ministry of Business, Innovation and Employment:
NZ Government:
- A Million Workers Supported by Govt Wage Subsidy
- Apps, E-therapy Offer Practical Mental Health Support
- Covid19: Government Moving Quickly to Roll out Learning from Home
- Licenses, WoFs and Regos Extended Under Lockdown
- More Time for Health Workers and Elderly to Get Flu Vaccine
- Planning for the Future of Tourism
- State of National Emergency Extended
- Work to Repurpose PGF Funds Begins
WorkSafe NZ:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 22 April 2020.
