COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 19 JANUARY 2022

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.


Advance to the Finance Minister Determination (No. 4 of 2021-2022)

  • Refines eligibility for the pandemic leave disaster payment to reflect nationally agreed definitions of ‘close contacts’ with revised conditions being applied to the payment.

Biosecurity (Emergency Requirements - Remote Communities) Determination (No. 1) 2022

  • Makes requirements to prevent or control the entry or spread of COVID‑19 in parts of Australian territory defined as designated areas.

Public Health (Diagnosed People and Household Contacts) Emergency Direction 2022 (No 3)

  • Requires people who are diagnosed with COVID-19 to self-isolate, and people identified as a household contact to undergo quarantine in order to limit the spread of COVID-19.

Critical Worker Exemption from the Public Health (COVID-19 Self-Isolation) Order (No 4) 2021 (No 2)

  • Exempts a critical worker from Clauses 7A and 8 of the Public Health (COVID-19 Self-Isolation) Order (No 4) 2021 for the purpose of attending work, subject to certain conditions - came into force on 14 January 2022.

Exemption Under the Public Health (COVID-19 General) Order (No 2) 2021

  • Exempts an occupier of a premises from Clause 14(3)(b) or Clause 13B of the Public Health (COVID-19 General) Order (No 2) 2021 in certain circumstances and subject to certain conditions - came into force on 17 January 2022.

Exemption Under the Public Health (COVID-19 Self-Isolation) Order (No 4) 2021

  • Exempts certain persons from Clauses 7A and 8 of the Public Health (COVID-19 Self-Isolation) Order (No 4) 2021 in certain circumstances and in relation to attending an exempt workplace for work - came into force on 12 January 2022.

Public Health (COVID-19 Self-Isolation) Order (No 4) Amendment (No 4) Order 2022

  • Amends the Public Health (COVID-19 Self-Isolation) Order (No 4) 2021 to provide that a person diagnosed with COVID-19 through the use of a rapid antigen test (RAT) is a “diagnosed person” and is required to self-isolate, require a person who becomes aware they have tested positive to COVID-19 as a result of a RAT to fill out an online form available on the Service NSW website (or another approved way) as notification, provide that a close contact or a household contact of a person diagnosed with COVID-19 is not required to self-isolate if the contact has, because they were diagnosed with COVID-19, completed a period of self-isolation no more than 28 days ago, and to make consequential amendments - came into force on 12 January 2022.

Retail and Other Commercial Leases (COVID-19) Regulation 2022

  • Limits the exercise of certain rights by a lessor under retail and certain other commercial leases for a breach of the lease if the lessee is a business that, due to the impact of the COVID-19 pandemic, qualified for certain grants, and the breach is a prescribed breach that occurs between 13 July 2021 and 13 March 2022 - came into force on 13 January 2022.

COVID-19 Directions (No. 11) 2022: Amendment of COVID-19 Directions (No. 4) 2022 and Revocation of COVID-19 Directions (No. 18) 2021

  • Amends COVID-19 Directions (No. 4) 2022, and revokes COVID-19 Directions (No. 18) 2021.

COVID-19 Directions (No. 12) 2022: Directions to Lock Out Amoonguna

  • Restricts movement, and access to places, activities and services, in the locality of Amoonguna, and imposes requirements for face masks, testing and social distancing.

COVID-19 Directions (No. 13) 2022: Amendment of COVID-19 Directions (No. 4) 2022

  • Amends COVID-19 Direction (No. 4) 2022.

COVID-19 Directions (No. 14) 2022: Amendment of COVID-19 Directions (No. 8) 2022

  • Amends COVID-19 Direction (No. 8) 2022.

COVID-19 Directions (No. 15) 2022: COVID-19 Testing Procedure

  • Directs that a COVID-19 test required under any NT COVID-19 Directions consists of a rapid antigen test or a PCR test in certain circumstances.

COVID-19 Directions (No. 16) 2022: Directions for Reporting of Rapid Antigen Test Results

  • Requires persons who undertake a rapid antigen test that returns a positive result to report the result in certain circumstances.

COVID-19 Directions (No. 17) 2022: Amendment of COVID-19 Directions (No. 10) 2022

  • Amends COVID-19 Directions (No. 10) 2022.

COVID-19 Directions (No. 18) 2022: Amendment of COVID-19 Directions (No. 10) 2022

  • Amends COVID-19 Directions (No. 10) 2022.

COVID-19 Directions (No. 19) 2022: Directions to Lock Out Alice Springs and Amoonguna

  • Restricts movement, and access to places, activities and services, in the municipality of Alice Springs and the locality of Amoonguna, and imposes requirements for face masks, testing and social distancing.

COVID-19 Directions (No. 20) 2022: Directions to Lock Down Elcho Island Including Galiwinku and Wessel Islands Including Martjanba

  • Restricts movement and gatherings, and closes places, businesses, services and activities in Elcho Island, including Galiwinku, and Wessel Islands, including Martjanba, bounded by the specified coordinates, among other things.

COVID-19 Directions (No. 21) 2022: Directions to Lock Down Yirrkala

  • Restricts movement and gatherings, and closes places, businesses, services and activities in the locality of Yirrkala, among other things.

Disability Accommodation Services Direction (No. 27)

  • Imposes requirements for electronic collection of contact information and vaccination at shared disability accommodation services, among other things.

Home Quarantine for Household Members of an Overseas Traveller Direction (No. 2)

  • Imposes quarantine and record keeping requirements for household members residing with an overseas traveller.

Hospital Entry Direction (No. 8)

  • Imposes requirements for entry, electronic collection of contact information and vaccination at hospitals, among other things.

Mandatory Face Masks Direction (No. 3)

  • Requires face masks to be carried and worn in certain circumstances.

Quarantine for International Arrivals Direction (No. 19)

  • Imposes quarantine requirements for international arrivals.

Residential Aged Care Direction (No. 12)

  • Imposes requirements for residential aged care facilities.

Use of Technology to Support Home Quarantine Direction (No.3)

  • Requires people who are either directed by an emergency officer (public health) or required under another public health direction to quarantine at home to comply with text message compliance checks.

Emergency Management (Arrivals - Associated Direction No 14) (COVID-19) Direction 2022

  • Imposes requirements for arrivals in South Australia relating to quarantine, commercial vessels, close contacts and masks, and modifies the Emergency Management (Arrivals No 2) (COVID-19) Direction 2021.

Emergency Management (Use of PCR Tests) (COVID-19) Direction 2022

  • Ensures that COVID-19 PCR test resources remain available for persons displaying symptoms of COVID-19 or are at high risk of COVID-19 exposure and are not used in circumstances where rapid antigen tests are an appropriate alternative.

Direction Under Section 16 (Quarantine - No. 8)

  • Imposes quarantine and testing requirements for close contacts, among other things.

Section 15 Extension of Emergency Declaration

  • Extends the public health emergency for a further 12 weeks.

Extension of Pandemic Declaration (12 January 2022)

  • Extends the pandemic declaration for a period of 3 months until 12 April 2022 unless varied, extended or revoked.

Occupational Health and Safety (COVID-19 Incident Notification) Revocation Regulations 2022

  • Revokes the Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2021 on 14 January 2022.

Pandemic (Additional Industry Obligations) Order 2022 (No. 3)

  • Imposes additional specific obligations on employers and workers in specific 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, care facilities, ports of entry servicing international arrivals, hotel quarantine, hospitals and construction sites) in relation to managing the risk associated with COVID-19 - came into force at 11:59 pm on 12 January 2022.

Pandemic COVID-19 Mandatory Vaccination (General Workers) Order 2022 (No. 2)

  • Requires an employer to not permit a general worker to work outside their ordinary place of residence unless they are fully vaccinated or exempt, requires an employer of a general worker to collect the general worker’s vaccination status when they work outside their ordinary place of residence, and requires an employer to disclose a general worker’s vaccination information to an authorised officer upon request - came into force at 11:59 pm on 12 January 2022.

Pandemic COVID-19 Mandatory Vaccination (Specified Facilities) Order 2022 (No. 2)

  • Requires operators of specified facilities (residential aged care facilities, construction sites, healthcare facilities and education facilities) to manage the vaccination status of workers in order to limit the spread of COVID-19 within the population within those settings - came into force at 11:59 pm on 12 January 2022.

Pandemic COVID-19 Mandatory Vaccination (Specified Workers) Order 2022 (No. 2)

  • Requires employers to not permit a worker to work outside their ordinary place of residence if they are unvaccinated or partially vaccinated or not fully vaccinated (boosted) (as applicable) in order to limit the spread of COVID-19 within the population of those workers - came into force at 11:59 pm on 12 January 2022.

Pandemic (Detention) Order 2022 (No. 3)

  • Requires persons of risk to be detained for specified periods of time to limit the risk of transmission of COVID-19 - came into force at 11:59 pm on 12 January 2022.

Pandemic (Movement and Gathering) Order 2022 (No. 3)

  • Requires individuals to carry and wear face coverings in certain settings and to limit interactions with others by restricting gatherings at certain types of events, to reduce the risk of harm caused by COVID-19 - came into force at 11:59 pm on 12 January 2022.

Pandemic (Open Premises) Order 2022 (No. 3)

  • Imposes obligations upon operators of certain open premises in Victoria and their patrons 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 12 January 2022.

Pandemic (Quarantine Isolation and Testing) Order 2022 (No. 4)

  • Requires persons diagnosed with COVID-19 or probable cases to self-isolate, or close contacts to self-quarantine and undertake testing, or exposed persons, social contacts or symptomatic persons in the community to observe relevant testing requirements issued by the Department - came into force at 11:59 pm on 12 January 2022.

Pandemic (Victorian Border Crossing) Order 2022 (No. 3)

  • Provides for persons entering Australia as an international passenger arrival or as international aircrew services workers to limit the spread of COVID-19 - came into force at 11:59 pm on 12 January 2022.

Pandemic (Visitors to Hospitals and Care Facilities) Order 2022 (No. 2)

  • Prohibits certain visitors and workers attending hospitals and care facilities to protect vulnerable persons from harm caused by the transmission of COVID-19  - came into force at 11:59 pm on 12 January 2022.

Pandemic (Workplace) Order 2022 (No. 3)

  • Restricts the number of Victorians attending work premises, and imposes specific obligations on employers to assist in reducing the frequency of outbreaks of COVID-19 in Victorian workplaces - came into force at 11:59 pm on 12 January 2022.

COVID Restrictions (Gatherings and Related Measures) Directions (No 7)

  • Restricts entry to certain premises by people who do not produce accepted proof information, requires the wearing of a face covering in the affected area and gives further directions in order to prevent, control or abate the risks associated with the emergency presented by the COVID-19 pandemic.

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

  • Extends the public health state of emergency for 14 days.

Class Exemption from Pre-departure Testing Requirements in the COVID-19 Public Health Response (Air Border) Order (No 2) 2020

  • Exempts all persons arriving to New Zealand from the countries listed in Schedules 1 and 2 of the Notice from 11.59 pm on 6 January 2022 from the obligation in Clause 8(2B)(a)(i) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 to provide evidence of a negative COVID-19 test taken within a 48 hour period of their arrival to New Zealand.

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022

  • Amends the COVID-19 Public Health Response (Air Border) Order (No 2) 2020, COVID-19 Public Health Response (Air Border) Order 2021, COVID-19 Public Health Response (Isolation and Quarantine) Order 2020, and COVID-19 Public Health Response (Isolation and Quarantine and Other Matters) Amendment Order 2021 in relation to new, old and replaced definitions, adjusted commencement dates for certain provisions, and other consequential amendments, among other things.

COVID-19 Public Health Response (Protection Framework) Amendment Order 2022

  • Removes all cross-boundary travel restrictions that apply in relation to the extended Auckland area and makes consequential amendments to the COVID-19 Public Health Response (Required Testing) Order 2020.

Emergency Directive: Relief from the General Directions - Examination Procedures and Timetable of Routine Examinations

  • Provides relief from certain requirements of Civil Aviation Rules 61.35 and 65.25, without compromising civil aviation safety.

Exemption of Persons from Clause 8(2B)(a)(i) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020

  • Exempts all persons arriving to New Zealand from the countries listed in Schedules 1 and 2 of the Notice from the obligation in Clause 8(2B)(a)(i) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 to provide evidence of a negative COVID-19 test taken no more than 48 hours before their journey to New Zealand began.

Exemption Under Clause 105 of the COVID-19 Public Health Response (Protection Framework) Order 2021

  • Exempts certain persons from Clause 29 and 30 of the COVID-19 Public Health Response (Protection Framework) Order 2021, for persons to produce a temporary exemption issued by the Ministry of Health to permit entry to a premise of a regulated business or service that requests a COVID-19 vaccination certificate (CVC).

FROM THE REGULATORS












That completes this edition of the COVID-19 update. The next update will be released on Thursday 27 January 2022.