COVID-19 : NOVEL CORONAVIRUS
WEDNESDAY 6 OCTOBER 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.
- Repeals and replaces the Poisons Standard June 2021, principally to incorporate a number of changes to existing entries and to include a number of specified substances in the standard for the first time, and makes amendments to allow exemptions from the labelling requirements in Sections 1.3 to 1.5.3 of Part 2 of Schedule 1 to the current Poisons Standard to be in place for longer than the current 12 months where the exemption relates to a product that is indicated for the treatment or prevention of COVID-19.
- Amends the Therapeutic Goods (Medical Devices - Excluded Purposes) Specification 2020 to provide that for Class 1 IVD medical devices for self-testing, an excluded purpose is testing in relation to a serious disease, with the exception of testing for certain transmissible diseases, diagnosis of certain diseases or conditions and testing for the presence of SARS-CoV-2 antigens, and to provide that for Class 3 and 4 IVD medical devices for self-testing, an exception to the excluded purpose of testing specimens from the human body is testing for the presence of SARS-CoV-2 antigens.
Liquor (COVID-19 Emergency Response - Permit Fee Waiver) Declaration 2021 (No 4)
- Provides economic support to licensees selling liquor for consumption on premises and liquor permit-holders with disrupted events through the waiver of application fees which allow on licensees to receive a commercial permit to sell liquor for takeaway consumption and commercial and non-commercial permit-holders to amend their permits to reschedule event dates.
Public Health (Lockdown Restrictions) Emergency Direction 2021 (No 10)
- Requires a person to stay at home except for one of the permitted reasons, restricts visitors at residences, requires face masks to be worn outside of a person’s residence and carried at all times, restricts certain businesses, activities and undertakings, and restricts the entry to and exit from the ACT, among other things.
Poisons and Therapeutic Goods Regulation 2008 - Approval (28 September 2021)
- Approves the Vaxzevria ChAdOx1-S COVID-19 vaccine (‘AstraZeneca vaccine’), Comirnaty (BNT162b2 [mRNAJ) COVID-19 vaccine ('Pfizer vaccine') and the Spikevax (elasomeran) COVID19 vaccine ('Moderna vaccine'), collectively 'an approved vaccine', for the purposes of Clause 48A(1A)(d) of the Poisons and Therapeutic Goods Regulation 2008 (NSW) subject to specified conditions.
- Adds the Port Macquarie-Hastings and Muswellbrook local government areas to the regional NSW stay at home area - came into force at 6 pm on 28 September 2021.
- Temporarily includes the local government area of Oberon in the regional NSW stay at home area - came into force on 29 September 2021.
- Amends the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 to include temporarily the local government area of Snowy Monaro Regional in the regional NSW stay at home area, remove the local government area of Mid-Western Regional, Central Darling and Walgett from the regional NSW stay at home area on 1 October 2021, but not the suburbs of Menidee, Sunset Strip and Wilcannia, and to extend to 11 October 2021 the period for certain other local government areas to be part of the regional NSW stay at home area - came into force on 30 September 2021 and 1 October 2021.
- Temporarily includes the local government areas of Kyogle and Narromine in the regional NSW stay at home area - came into force on 1 October 2021.
- Temporarily includes the suburb of Casino in the regional NSW stay at home area - came into force on 2 October 2021.
- Temporarily includes the local government area of City of Lismore in the regional NSW stay at home area - came into force on 4 October 2021.
- Temporarily includes in the regional NSW stay at home area the local government area of Gunnedah and the suburbs in the local government area of Mod-Coast with the post code 2428 or 2430, and temporarily extends the period during which Muswellbrook local government area remains in the regional NSW stay at home area, among other things.
Public Health (COVID-19 General) Order 2021
- Repeals and remakes the Public Health (COVID-19 Additional Restrictions for Delta Outbreak (No 2) 2021 as part of the roadmap for easing restrictions when 70% of the population of NSW who are over 16 years of age are fully vaccinated against COVID-19, and incorporates matters that were in the Public Health (COVID-19 Safety) Order 2021 and the Public Health (COVID-19 Spitting and Coughing) Order (No 3) 2021 and repeals those Orders - will come into force on 11 October 2021.
Public Health (COVID-19 Vaccination of Health Care Workers) Amendment Order 2021
- Amends the Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 to exclude certain health care workers who are remotely providing non-health services from the requirement to be vaccinated with a COVID-19 vaccine - came into force on 29 September 2021.
COVID-19 Directions (No. 53) 2021: Directions for Quarantine Workers
- Imposes requirements for any person whose employment involves carrying out functions or providing services necessary for the ordinary operation of quarantine.
Border Restrictions Direction (No. 49)
- Sets the requirements for entry into Queensland.
COVID-19 Hotspots and Border Zone Declaration
- Identifies COVID-19 hotspots for Border Restrictions Direction (No. 47) or its successor and 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 moves the Lismore Valley LGA to the restrict Border Zone.
Declared Interstate Places of Concern Direction (No. 3)
- Identifies Interstate Places of Concern for the Interstate Places of Concern (Stay at Home in Queensland) Direction (No. 5) or its successors.
Disability Accommodation Services Direction (No. 24)
- Restricts access to shared disability accommodation services for certain persons, and sets requirements for wearing of face masks, PPE and collection of contact information, among other things.
Hospital Entry Direction (No. 5)
- Sets the requirements for entry into hospitals, the collection of contact information and student access to hospitals, among other things.
Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Act 2021
- Extends the operation of the emergency powers and other COVID-19 related amendments to the Public Health Act to ensure that public health measures remain in place to allow QLD to effectively manage overseas arrivals and the risk of local outbreaks, including the highly contagious COVID-19 variants, and also extends most of the temporary amendments and extraordinary measures put in place in other legislation to manage the broader impact of COVID-19 on businesses, institutions and the economy.
Queensland COVID-19 Restricted Areas (No. 27)
- Identifies Queensland COVID-19 restricted areas for the Residential Aged Care Direction (No. 9) or its successors, Disability Accommodation Services Direction (No. 24) or its successors, and Hospital Entry Direction (No. 5) or its successors.
Queensland Travel Declaration Direction (No. 5)
- Requires persons entering Queensland from an Australian State or Territory, or on a quarantine-free flight, to give, or have given within the previous 14 days, a Queensland Travel Declaration.
Residential Aged Care Direction (No. 9)
- Sets the requirements for persons entering or remaining on a residential aged care facility, development of a Workforce Management Plan, PPE, vaccination and collection of contact information, among other things.
Restrictions for Impacted Areas (No. 18) Direction
- Requires people living in, or who have been in, or who reside with someone who has been in, an impacted area (Ipswich City Council, Lockyer Valley Regional Council, Noosa Shire Council, Redland City Council, Scenic Rim Regional Council, Somerset Regional Council, and Sunshine Coast Regional Council) or a high-risk impacted area (Brisbane City Council, Gold Coast City Council, Logan City Council, Moreton Bay Regional Council, Palm Island Aboriginal Shire Council and Townsville City Council) to wear a face mask.
Restrictions on Businesses, Activities and Undertakings Direction (No. 28)
- Imposes requirements relating to businesses, activities and undertakings, collection of contact information using the Check in QLD App, provision of contact information, and wearing face masks.
Emergency Management (Activities - Associated Direction No 14A) (COVID-19) Direction 2021
- Declares the City of Mount Gambier, District Council of Grant and Wattle Range Council to be declared areas that are subject to Level 3 restrictions, among other things.
Emergency Management (Cross Border Travel - Associated Direction No 56) (COVID-19) Direction
- 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.
Directions in Relation to Persons Arriving in Tasmania
- Imposes requirements relating to high risk arrivals, persons arriving from medium risk areas, movement of vessels and places of arrival, quarantine in an accommodation facility, arrival at King Island, Flinders Island or any island in the Furneaux Group of Islands, movement of aircraft and places of arrival, and provision of information, among other things.
Direction Under Section 16 - (Arrival Requirements for Certain Travellers into Tasmania - No. 10)
- Imposes requirements relating to clinical assessments and testing for certain travellers arriving in Tasmania, among other things.
Direction Under Section 16 - (Testing of Transport, Freight and Logistics Workers - No. 1)
- Imposes requirements for persons arriving in Tasmania for the purposes of transport, freight or logistics, who not required to isolate or quarantine on their arrival.
Direction Under Section 16 - (Testing of Workers at Quarantine Sites - No. 4)
- Imposes testing requirements for certain persons who were present on a quarantine site.
- Identifies areas within Victoria (new additions being the Greater Shepparton City Council) which have a higher prevalence of, or risk of exposure to, COVID-19 and which are subject to specific directions which are reasonably necessary to protect public health - came into force at 11.59 pm on 1 October 2021.
COVID-19 Mandatory Vaccination Directions (No. 5)
- 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 11.59 pm on 1 October 2021.
COVID-19 Vaccinated Activities Directions (No. 2)
- Imposes certain mandatory vaccination requirements in order for specific businesses (outdoor personal training) to provide goods or services to the public to limit the spread of COVID-19 within the population in these settings - came into force at 11.59 pm on 1 October 2021.
Diagnosed Persons and Close Contacts Directions (No. 28)
- Requires persons diagnosed with COVID-19 to self-isolate and those who are living with a diagnosed person, or who have been in close contact with a diagnosed person, to self-quarantine, in order to limit the spread of COVID-19 - came into force at 11.59 pm on 29 September 2021.
Restricted Activity Directions (Regional Victoria) (No. 13)
- Restricts the operation of certain businesses and undertakings in Regional Victoria to address the serious public health risk posed to Victoria by COVID-19 - came into force at 11.59 pm on 4 October 2021.
Restricted Activity Directions (Restricted Areas) (No. 20)
- Restricts the operation of certain business and undertakings in the restricted area to address the serious public health risk posed to Victoria by COVID-19 - came into force at 11.59 pm on 4 October 2021.
Stay at Home Directions (Restricted Areas) (No. 26)
- Requires everyone in the restricted area to limit their interaction with others by restricting circumstances in which they may leave the premises where they ordinarily reside, restricting public and private gatherings, including prohibiting visitors to another person’s home other than in limited circumstances, and requiring face coverings to be worn indoors and outdoors - came into force at 11.59 pm on 4 October 2021.
Stay Safe Directions (Regional Victoria) (No. 12)
- Requires everyone who ordinarily resides in Regional Victoria to restrict the circumstances in which they may leave Regional Victoria, limit interactions with others by restricting private and public gatherings, and carry and wear face coverings at all times except in limited circumstances - came into force at 11.59 pm on 4 October 2021.
Victorian Border Crossing Permit Directions (No. 33)
- Provides a 'traffic light' border crossing scheme for persons seeking to enter Victoria from any other State or Territory, or after entering Australia from a Green Zone Country, in order to limit the spread of COVID-19 - came into force at 11.59 pm on 29 September 2021.
Workplace (Additional Industry Obligations) Directions (No. 49)
Extension of Declaration (No.3) of Public Health State of Emergency
- Extends the public health state of emergency declaration, which came into effect on 22 September 2021, for a period of 14 days.
Outbreak Outside of Western Australian Response Directions (No 9)
- Imposes requirements for persons who have been in an outbreak jurisdiction, supervised quarantine travellers, medium risk travellers, high risk travellers, extreme risk travellers, exposed household contacts and persons with direct contact with an extreme risk traveller, and other persons.
- Directs the governing bodies of all registered schools who offer education at Years 11, 12 and 13 in the Alert Level 3 area to comply with specified requirements from 29 September 2021.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 2) 2021
- Makes changes in relation to QR codes, permission to go home, evidence if travelling between alert level areas, testing, shared caregiving within the alert level 3 area, permitted purposes for entry to, or exit from, the alert level 1 area, and certain definitions, among other things.
COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 3) 2021
- Makes changes in relation to certain definitions, sets out the restrictions on travel between the Auckland part of the alert level 3 area and the Waikato part of the alert level 3 area, and clarifies the purposes for which a person is permitted to leave their home or place of residence for essential personal movement within the Auckland part of the alert level 3 area or the Waikato part of the alert level 3 area (but not within both), among other things.
- Exempts a person who arrives in New Zealand on an RSE flight from the requirements for a confirmed allocation to enter a managed isolation or quarantine facility, and isolation or quarantine in accordance with the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020, if certain conditions are met.
- Declares that those persons who arrive in New Zealand on board a ship which since it last departed from a port or place in New Zealand and have travelled only within New Zealand’s exclusive economic zone are exempt from the requirement to meet the condition in Clause 17(4A)(c) of the Order for the port or place of the ships last departure to be alert level one, subject to certain conditions.
- Declares certain classes of persons as exempt from Clauses 19A and 19B of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021.
- Specifies certain examinations or tests for COVID-19 to be an applicable COVID-19 test for the purposes of Clauses 19A and 19B of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021.
- Grants a limited visa to a class of onshore temporary entry class visa holders.
- Grants a limited visa to a class of persons who are outside New Zealand.
- Waives by special direction, the prescribed requirement under Regulation 10(2)(e)(ii) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 for certain applicants for a Recognised Seasonal Employer (RSE) limited visa to provide two passport-sized photographs of the applicant’s head and shoulders.
FROM THE REGULATORS
Australian Government:
Therapeutic Goods Administration:
NSW Government:
- Changes to Stay-At-Home Orders for Regional NSW Local Government Areas
- Changes to Stay-At-Home Orders for Regional NSW Local Government Areas
- Further Changes to Stay-At-Home Orders for Regional NSW Local Government Areas
- JobSaver Extension to Boost Business Recovery
- Non-Urgent Elective Day Surgery to Recommence at Private Facilities in Greater Sydney
- Stay-At-Home Order Introduced for Casino
- Stay-At-Home Order Introduced for Lismore
- Stay-At-Home Orders Introduced for Kyogle and Narromine
- Stay-At-Home Orders Introduced for Oberon
- Stay-At-Home Orders Introduced for Port Macquarie and Muswellbrook
- Stay-At-Home Orders Lifted for Tweed and Byron Shire Local Government Areas
Resources Regulator:
Queensland Government:
The Queensland Cabinet and Ministerial Directory:
South Australian Government:
Department of Health and Human Services:
- City of Greater Shepparton to Enter Seven-Day Lockdown Tonight
- Moorabool Shire to Enter Seven-Day Lockdown Tonight
Vicroads:
Victorian Building Authority:
- Construction to Re-open on October 5
- Important COVID-19 Update: Construction Sector COVID-19 Vaccination Clarification
Victorian Government:
- Business Support to Drive Agriculture Industry Recovery
- Getting Regional Students Safely Back in the Classroom
- More Reasons to Smile as Vaccination Vans Hit the Road
- Statewide Mental Health Support for Secondary Schools
- Supporting Victorian Businesses Through to Reopening
- Vaccination Required to Protect Workers and Victoria
- Victoria Goes It Alone to Back Construction Industry
- Victoria to Reduce Pfizer Dosage Interval in Early October
Ministry of Business, Innovation and Employment:
Ministry of Health:
NZ Government:
- Alert Level 3 Boundary in North West Waikato Now in Effect
- Auckland Restrictions Eased in Steps
- Auckland Roadmap - Restrictions Eased in Steps
- Bill to Help Aviation Recovery Take Off
- COVID-19 Vaccine Offers Stability, Essential for Wellbeing, As We Start Fijian Language Week
- Exposure Event at Auckland City Hospital
- Government Helps to Protect Jobs and Incomes for Arts and Culture Sector
- Govt Strengthens New Zealand’s COVID-19 Response
- New Vaccination Requirement for Non-Citizen Travellers to New Zealand
- One More Day for Border Workers to Get Vaccinated; Rates Already Above 98%
- Two Million Kiwis Fully Vaccinated
World Health Organisation:
That completes this edition of the COVID-19 update. The next update will be released on Wednesday 13 October 2021.