COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 8 DECEMBER 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.
ASIC Corporations (Amendment) Instrument 2021/976
- Implements temporary measures aimed at facilitating financial reporting by unlisted entities whose reporting processes take additional time due to pressures on audit resources and other impacts of COVID-19.
Biosecurity (Conditionally Non-prohibited Goods) Amendment (Test Kits) Determination 2021
- Amends the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 to provide a new class of goods described as test kits containing animal material, human material and material derived from a disease agent, and specify alternative conditions that apply to this class of goods which means that an import permit is not required for the import of test kits provided that the alternative conditions are met.
Biosecurity Legislation Amendment (Emergency and Entry Requirements) Determination 2021
- Amends multiple determinations regarding Omicron high risk countries and related requirements for travellers seeking entry to Australia.
- Prescribes for the requirement for workers in schools and early childhood education and care to be vaccinated with at least two doses of a COVID-19 vaccination or provide a valid exemption by 29 November 2021 and revokes the Public Health (ACT School or Early Childhood Education and Care Workers COVID-19 Vaccination) Emergency Direction 2021.
Public Health (Diagnosed People and Close Contacts) Emergency Direction 2021 (No 8)
- Requires people who are diagnosed with COVID-19 to self‑isolate and people identified as close contacts to undergo quarantine with the period varying depending on whether or not a person has been fully vaccinated, and adds separate quarantine requirements for a person who has been exposed to COVID-19 Omicron.
Community Land Management Amendment (COVID-19) Regulation (No 3) 2021
- Provides for altered arrangements for convening and voting at, meetings of an association or association committee and allowing instruments and documents to be signed, and the signatures to be witnessed by persons instead of being affixed with the seal of association - came into force on 1 December 2021.
Electoral Amendment (COVID-19) Act 2021
- Amends the Electoral Act 2017 to provide for by-elections held during the COVID-19 pandemic - came into force on 29 November 2021.
- Prescribes a penalty notice offence amount of $5,000 for an individual and $10,000 for a corporation for the offence of failing to comply with a direction under the Public Health (COVID-19 Air Transportation Quarantine) Order (No 4) 2021 - came into force on 1 December 2021.
Public Health Amendment (COVID-19 Penalty Notice Offences) Regulation (No 7) 2021
- Prescribes a penalty notice offence amount of $5,000 for an individual and $10,000 for a corporation for the offence of failing to comply with a direction under the Public Health (COVID-19 Self-Isolation) Order (No 4) 2021 - came into force at 10:00pm on 4 December 2021.
Public Health (COVID-19 Air Transportation Quarantine) Order (No 4) Amendment (No 4) 2021
- Amends the Public Health (COVID-19 Air Transportation Quarantine) order (No 4) 2021 regarding overseas flight crew members to include, among other things, that a reference to a ‘quarantine period’ is to be read as a reference to the period beginning when the relevant flight crew member arrives in NSW and ending on the later of the following: the expiry of a period 3 days since the arrival, the relevant flight crew member being notified that the result of a COVID-19 test is negative - came into force on 3 December 2021.
Public Health (COVID-19 Self-Isolation) Order (No 4) 2021
- Repeals and remakes the Public Health (COVID-19 Self-Isolation) Order (No 3) 2021 with some changes, including omitting provisions about persons in high COVID-19 risk premises - came into force at 10:00pm on 4 December 2021.
Retail and Other Commercial Leases (COVID-19) Amendment (Impacted Lessees) Regulation 2021
- Provides that a lessee may still request to renegotiate for reduced rent for a temporary period even though the lessee is no longer an impact lessee in certain circumstances - came into force on 1 December 2021.
Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2021
- Repeals the Retail and Other Commercial Leases (COVID-19) Regulation 2021 and the Conveyancing (General) Regulation 2018, Schedule 5 and saves protections that occurred under the repealed provisions - comes into force on 14 January 2022.
- Amends the Service NSW (One-stop Access to Government Services) Act 2013 to provide additional safeguards on certain information collected during the COVID-19 pandemic - came into force on 29 November 2021.
Strata Schemes Management Amendment (COVID-19) Regulation (No 3) 2021
COVID-19 Directions (No. 111) 2021: Directions to Lock Out Lajamanu and Homelands
- Prescribes the lockout area and requires persons to remain inside the lockout area for the relevant period, subject to specific health directions and exemptions.
- Prescribes exemptions to the COVID-19 Directions (No. 110) 2021 and specifies the revocation date.
COVID-19 Directions (No. 114) 2021: Amendment of COVID-19 Directions (No. 96)
- Makes amendments to the COVID-19 Directions (No. 96) 2021.
- Makes amendments to the COVID-19 Directions (No. 106) 2021 and revokes the COVID-19 Directions (No. 112) 2021.
Residential Tenancies COVID-19 Modification Notice Amendment (No 4) 2021
COVID-19 Emergency Response and Other Legislation Amendment (Postponement) Regulation 2021
- Postpones certain provisions of the Act until 5 December 2022 to allow sufficient time for the remaining artisan distiller producer/wholesaler licensees to transition to the new artisan producer licence without losing the benefits associated with the 2.5% exemption.
- Extends the period of the declared public health emergency to ensure the Queensland Government can continue to respond to outbreaks of COVID-19 in Queensland and to allow for emergency powers to be used to reduce the risk of COVID-19 spreading in Queensland.
Emergency Management (Arrivals - Associated Direction No 5) (COVID-19) Direction 2021
- Operates as an appendix to the General Directions and sets out the requirements applying to arrivals from specified locations.
COVID-19 Emergency Response Expiry Notice 2021
- Prescribes parts of the COVID-19 Emergency Response Act 2020 to expire on 1 December 2021.
Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Amendment Act 2021
- Makes permanent the legal provisions for the authorising of telepharmacy in South Australia.
Direction Under Section 16 (Additional Requirements for Certain Venues - No. 1)
- Requires the owner or operator of a relevant licensed venue to ensure that any person wishing to enter the premises has been fully vaccinated or possess a valid exemption.
Direction Under Section 16 (Contact Tracing - No. 11)
- Requires persons to keep specified information for contact tracing and for persons to use the Check in TAS app to record the information required and revokes the Direction Under Section 16 (Contact Tracing - No. 10), among other things.
Direction Under Section 16 (Management of Premises - No. 15)
- Requires the occupier, owner, or operator of certain premises to adhere to capacity limits and social distancing requirements.
Public Health and Wellbeing Amendment (Pandemic Management) Act 2021
- Amends the Public Health and Wellbeing Act and other consequential legislation in relation to the effective management of pandemics and fees for detention of persons in quarantine during the COVID-19 pandemic, and broadens the scope of special circumstances under the Infringements Act 2006 and the Fines Reform Act 2014 for the purposes of the concessional infringements scheme in the event of a pandemic outbreak - parts come into force 8 December 2021, 16 December 2021 and 7 December 2022.
Public Health and Wellbeing Amendment (Pandemic Infringement Offences) Regulations 2021
- Amends the Public Health and Wellbeing Regulations 2019 to prescribe offences under the new Part 8A of the Public Health and Wellbeing Act 2008 in respect of which an infringement notice may be issued - parts come into force 8 December 2021 and 16 December 2021.
- Provides approval 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 complying with requirements under the Exposure Sites (Outside of Western Australia) Directions No.3).
Controlled Border for Western Australia Amendment Direction (No 50)
- 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.
COVID Safe (Phase 5) Directions (No 2)
- Implements certain COVID safe measures in relation to certain kinds of activities, gives further directions in order to prevent, control or abate the risks associated with the emergency presented by the pandemic caused by COVID-19, by limiting the spread of COVID-19, and specifies certain information under section 72A(l) of the Act for those purposes.
COVID-19 Response and Economic Recovery Omnibus Act 2020 Postponement Proclamation 2021
COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Amendment Order 2021
- Amends the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order 2021 to remove the requirement that a COVID-19 vaccination certificate show its date of issue.
COVID-19 Public Health Response (Infringement Offences) Amendment Order 2021
- Amends several COVID-19 orders to assign each infringement offence to 1 of the 3 infringement offence classes (high risk, medium risk, and low risk) established by the COVID-19 Public Health Response (Infringement Offences) Regulations 2021.
COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 5) 2021
- Amends the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 to provide that if a person starting (or already in) isolation or quarantine has been in certain very high risk countries within the 14 days immediately before the start of the isolation or quarantine, they must undergo a period of isolation or quarantine of 14 days rather than 7 days.
COVID-19 Public Health Response (Protection Framework) Amendment Order 2021
FROM THE REGULATORS
Department of Health
- ATAGI Statement on SARS-CoV-2 Omicron Variant and COVID-19 Booster Doses
- ATAGI Update Following Weekly COVID-19 Meeting - 1 December 2021
- Chief Medical Officer, Professor Paul Kelly - COVID-19 Omicron Update
- Continuing Australia’s COVID-19 Medical Research Response
- COVID-19 Vaccination Information Kiosks Open Now in QLD and WA
- Prime Minister's Statement About Australia’s COVID-19 Response and the New Omicron Strain
- TGA Provisionally Approves Pfizer COVID-19 Vaccine for 5 to 11-year-olds
- The Worst Feeling I’ve Ever Had in My Life
- Top 3 COVID-19 Vaccine Questions - Omicron Worries, Border Restrictions, and COVIDSafe and Omicron
Fair Work Commission:
NSW Government:
Tasmanian Government:
- Check in TAS Card
- Check in TAS Card Now Available
- Further Safeguarding Our Borders When We Reopen
- Mandatory Vaccination for Venues with Stand Up Drinking
- Supporting GPs and Community Pharmacies to be COVID-ready
- Travel to Tasmania
- Turn Up for Tassie and Get Vaccinated
WorkSafe Tasmania:
Victorian Government:
Victorian Ombudsman:
Ministry of Business, Innovation and Employment
- Lessons Learnt from Rapid Antigen Testing Trial
- MBIE’s Small Business Collective Recognised for its Mahi Tahi
Ministry of Health
- High Court Decision on Sharing Māori COVID-19 Vaccination Data
- Interim Solution for People Waiting for Their My Vaccine Pass
- New Zealand Health Survey Results Published
- Three COVID-19 Cases in Taranaki Confirmed
NZ Government
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 15 December 2021.