COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 10 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.
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.
District Court Criminal Practice Note 24 - Applications for Leave for in Person Appearances in Trials and Sentence Hearings of WHS Prosecutions
- Allows, with the easing of restrictions and increased vaccination rates, applications for leave to be granted for in person appearances in trials or sentence hearings of prosecutions under the Work Health and Safety Act 2011 (NSW) - came into force on 29 October 2021.
Public Health (COVID-19 General) Amendment Order (No 8) 2021
- Amends the Public Health (COVID-19 General) Order 2021 to give effect to the roadmap for easing certain restrictions from 8 November 2021 - came into force in part on 8 November 2021.
- Restricts entry to aged care facilities, requires persons entering or remaining on the premises of an aged care facility to wear a face mask, requires certain persons to submit to a COVID-19 testing procedure, and requires proprietors of an aged care facility to collect and keep the required information.
COVID-19 Directions (No. 69) 2021: Amendment to COVID-19 Directions (No. 63) 2021
- Further restricts entry to aged care facilities by visitors.
- Amends Direction (No. 63), among other things.
COVID-19 Directions (No. 73) 2021: Amendments to COVID-19 Directions (No. 62) and (No. 67) 2021
- Changes the time that Direction (No. 63) commenced, among other things.
COVID-19 Directions (No. 74) 2021: Directions to Apply in Katherine Following Lockout
- Imposes requirements relating to face masks, and persons who exist the former lockout area.
COVID-19 Directions (No. 75) 2021: Directions for Aged Care Facilities
- Imposes requirements relating to entry to aged care facilities, and collection of information, among other things.
- Restricts movement in and out of, and within, the lockout area, and restricts gatherings, among other things.
- Requires certain occupiers, proprietors of a business and providers of activities or services to check vaccination status of persons entering the place or premises, and to refuse entry or cease provision of service to unvaccinated persons.
COVID-19 Directions (No. 78) 2021: Amendments to COVID-19 Directions (No. 63) 2021
Border Restrictions Direction (No. 52)
- Sets the requirements for entry to Queensland and for non-restricted and restricted border zone residents including vaccination and face mask requirements, among other things.
COVID-19 Hotspots and Border Zone Declaration
- Identifies COVID-19 hotspots for Public Health Direction - Border Restrictions Direction (No. 52) or its successor, identifies COVID-19 hotspots for other public health directions about the movement of people to or from COVID-19 hotspots, identifies restricted and non-restricted Border Zone LGAs for other public health directions about the movement of people to or from COVID-19 hotspots, and revokes one Northern Territory LGA as a COVID-19 hotspot.
Disability Accommodation Services Direction (No. 25)
- Imposes requirements for shared disability accommodation services, restricted and non-restricted shared disability accommodation services, and electronic collection of contact information, among other things.
Hospital Entry Direction (No. 6)
- Imposes requirements for entry to hospitals, and restricted and non-restricted hospitals, among other things.
Interstate Exposure Venues Direction (No. 4)
- Imposes requirements relating to quarantine for persons entering QLD who have visited an interstate exposure venue, and quarantine for persons who are already in QLD, among other things.
Quarantine and Other Requirements for International Arrivals Direction (No. 14)
- Imposes requirements relating to quarantine for international arrivals, registration of international arrivals, travellers from a safe-travel zone country, and screening and evidence, among other things.
Queensland COVID-19 Restricted Areas (No. 29)
- Identifies a Queensland COVID-19 restricted area (Goondiwindi) for the Residential Aged Care Direction (No. 10) or its successors, Disability Accommodation Services Direction (No. 25) or its successors, and Hospital Entry Direction (No. 6) or its successors.
Emergency Management (COVID-19) (Healthcare Setting Workers Vaccination No 3) Direction 2021
- Maintains the provision of healthcare services operating in the State of South Australia despite the presence of COVID-19 in the community, minimises the disruption to those services due to the spread of COVID-19, minimises the disruption to those services due to workers being furloughed following possible exposure to COVID-19 and reduces the risk of spread of COVID-19 by healthcare setting workers to patients.
Emergency Management (Cross Border Travel - Associated Direction No 62) (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 (Residential Aged Care Facilities No 42) (COVID-19) Direction 2021
- Ensures that appropriate measures are taken to establish controls and safeguards to protect vulnerable members of the SA community, including by imposing restrictions on visitors and mandating vaccination and record-keeping requirements.
Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Amendment Act 2021
Care Facilities Directions (No. 49)
- Makes provision 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 5 November 2021.
COVID-19 Mandatory Vaccination (General Workers) Directions (No. 2)
- 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 these workers (change: includes the one dose ‘COVID-19 Vaccine Janssen’ in the definition of ‘fully vaccinated’ and removes the density quotient requirement, among other things) - came into force at 6 pm on 5 November 2021.
COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No. 12)
- 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 (change: includes the one dose ‘COVID-19 Vaccine Janssen’ in the definition of ‘fully vaccinated’, among other things) - came into force at 6 pm on 5 November 2021.
COVID-19 Mandatory Vaccination (Workers) Directions (No. 7)
- Imposes obligations upon employers in relation to the vaccination of workers, in order to limit the spread of COVID-19 within the population of these workers (change: includes the one dose ‘COVID-19 Vaccine Janssen’ in the definition of ‘fully vaccinated’, among other things) - came into force at 6 pm on 5 November 2021.
Hospital Visitor Directions (No. 39)
- Prohibits non-essential visits and access to hospitals in order to limit the spread of COVID-19 within a particularly vulnerable population - came into force at 6 pm on 5 November 2021.
Open Premises Directions (No. 4)
- 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, in order to address the serious public health risk posed to Victoria by COVID-19 (change: - includes the one dose ‘COVID-19 Vaccine Janssen’ in the definition of ‘fully vaccinated’, among other things) - came into force at 6 pm on 5 November 2021.
Victorian Border Crossing Permit Directions (No. 37)
- 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 5 November 2021.
Workplace (Additional Industry Obligations) Directions (No. 55)
- Gives approval applying as and from the Effective Date 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, in respect of any person that the requester has been reasonably satisfied is a person required to present to the COVID Clinic for the purposes of complying with any requirement to present for testing required or created by the NSW Traveller Quarantine Modification Directions.
- Gives approval applying as and from the Effective Date 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, in respect of any person that the requester has been reasonably satisfied is a person required to present to the COVID Clinic for the purposes of complying with any requirement to present for testing required or created by the Outbreak Outside of Western Australia Response Directions (No 11).
- Approves the specified forms of evidence as evidence that must be produced by a resources industry worker or a rig or platform crew member of their vaccination status for the purposes of paragraph 11 of the Resources Industry Worker (Restrictions on Access) Directions, as amended or replaced from time to time.
Community Care Services Worker (Restrictions on Access) Directions
- Puts in place some measures to address the unique risks posed by COVID-19 in residential and non-residential community care settings, for the purpose of preventing the spread of COVID-19 to recipients who access community care services, in order to limit the spread of COVID-19 among vulnerable populations in Western Australia.
Controlled Border for Western Australia Amendment Directions (No 46)
- 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.
- Temporarily exempts certain persons from the requirement to wear a face mask at the Busselton Margaret River Airport under the Airport and Transportation (Face Mask) Directions and otherwise limits the spread of COVID-19 in WA.
Extension of State of Emergency Declaration
- Extends the State of Emergency declaration for a period of 14 days, from 5 November 2021 until 19 November 2021.
Extension of Western Australia Declaration (No.3) of Public Health State of Emergency
- Extends Declaration (No.3) of Public Health State of Emergency, which came into effect on 22 September 2021 at 16:25 hours for a period of 14 days.
Leavers Event Area (Restrictions on Access) Directions
- Puts in place some measures to address the unique risk posed by COVID-19 at leavers event areas in order to limit the spread of COVID-19.
New South Wales Traveller Quarantine Modification Directions
- Modifies the quarantine requirements which apply to persons who have recently entered WA from NSW, whilst preventing the importation of COVID-19 into WA following an outbreak of COVID-19 in NSW and otherwise limiting the spread of COVID-19 in WA.
Outbreak Outside of Western Australia Response Directions (No 11)
- Helps prevent the importation of COVID-10 into WA following an outbreak or outbreaks of COVID-19 outside of WA, and otherwise limits the spread of COVID-19 in WA.
Resources Industry Worker (Restrictions on Access) Directions
Addendum to the Responsible Lending Code
- Gives notice that the addition of an addendum to the Responsible Lending Code will provide guidance during the COVID-19 pandemic and will come into force on 5 November 2021 and expire on 1 February 2022.
COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 12) 2021
- Extends the quarantine-free travel exemptions, which currently apply only to the Cook Islands and Niue, to Samoa, Tokelau, Tonga, and Vanuatu, creates 2 exemptions from the vaccination requirement for persons arriving in Zealand, changes how QFT prerequisites in Schedule 2 of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 (the QFT schedule) apply to aircrew members, inserts a new transitional provision, and makes consequential amendments, among other things.
- Grants exemptions (applies to employees of Recognised Seasonal Employers (RSE workers)) from clauses 7E and 7F of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020, which relate to vaccination requirements for people arriving in New Zealand.
COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 4) 2021
- Enables the chief executive of the Ministry of Business, Innovation, and Employment to end a person’s period of isolation or quarantine early if the person arrived in New Zealand by air from Samoa, Tokelau, Tonga, or Vanuatu before 11.59 pm on 7 November 2021, which is when those countries become QFT places under the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 (the Air Border Order), and the chief executive is satisfied that the person has not been in any country other than New Zealand, Samoa, Tokelau, Tonga, or Vanuatu during the period of 14 days before this order comes into force (this requirement is similar to the QFT prerequisite in clause 3 of Schedule 2 of the Air Border Order) and the person meets the low-risk indicators, as defined in clause 4(1) of the Isolation and Quarantine Order.
- Adjusts the fees charged for staying at a managed isolation or quarantine facility to account for a reduction in the required length of stay from 14 days to 7 days.
COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021
- Amends the COVID-19 Public Health Response (Required Testing) Order 2020 to ensure that the testing requirements in that order that apply to affected education services in an alert level 3 area do not apply to unlicensed early childhood services and the COVID-19 Public Health Response (Vaccinations) Order 2021 to clarify that the following persons do not belong to the group specified in Part 8 of Schedule 2 of the Vaccinations Order (groups in relation to prisons) and are not required to be vaccinated: persons appointed or designated by the Commissioner of Police to work in Police jails; and persons who solely work in and around court cells, among other things.
COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 14) 2021
- Amends the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020 to refer 3 projects to an expert consenting panel for the purpose of the COVID-19 Recovery (Fast-track Consenting) Act 2020.
COVID-19 Response (Management Measures) Legislation Act 2021
- Makes amendments relating to matters that are aimed at assisting the Government and New Zealanders to more effectively manage, and recover from, the impacts of COVID-19.
Provisional Consent to the Distribution of a New Medicine
- Provisionally consents, subject to the specified conditions, to the sale, supply or use in New Zealand of the new specified medicine (Comirnaty (COVID-19 mRNA vaccine)) which was referred to the Minister of Health under the provisions of Section 24(5) of the Medicines Act 1981.
FROM THE REGULATORS
Australian Government:
Department of Health:
- ATAGI Update Following Weekly COVID-19 Meeting - 3 November 2021
- Booster Doses of the COVID-19 Vaccine
- COVID-19 Vaccination Information Kiosks Open Now in (WA and QLD)
- Hotspot for the Purposes of Commonwealth Support Declared for Katherine
- Top 3 COVID-19 Vaccine Questions - Booster Dose After AZ, Booster Dose Timing and are Boosters Mandatory
Therapeutic Goods Administration:
NT Government:
- COVID-19 Update: Lockout Extended for Darwin, New Exposure Sites, No New Cases
- COVID-19 update: Lockout for Katherine and Greater Darwin. New Public Exposure Sites Listed and Testing Required
- COVID-19 Update: Waikato in NZ Declared a Hotspot
- Doherty Institute Modelling Released by National Cabinet
- Immediate Lockdown Payments for Katherine Businesses
- Lockout Restrictions in Place
- Positive Community Case in the NT. 72 hour Lockdown in Katherine & Lockout in Greater Darwin
Queensland Government:
SA Department for Energy and Mining:
SA Government:
WA Government:
NZ Ministry of Health:
- It’s Time for Your 2nd Shot after Super Saturday
- Technical Information Published to Support COVID-19 Vaccine Pass and Verifiers
NZ Government:
World Health Organisation:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 17 November 2021.