COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 16 SEPTEMBER 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 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.


Australian Prudential Regulation Authority (confidentiality) Determination No. 2 of 2020

  • Provides that information given to APRA under Reporting Standard ARS 923.2 Reporting Deferrals is non-confidential, and will be disclosed, to provide the public with a better understanding of exposures by authorised deposit-taking institutions (ADIs) to loans subject to repayment deferrals, or otherwise restructured, due to COVID-19 and the resulting impact on an ADI’s risk profile.

Banking (prudential standard) Determination No. 4 of 2020

  • Revokes Prudential Standard APS 220 Credit Risk Management, and replace it with a modified version of the standard. The new version includes new Attachment E, which temporarily adjusts the prudential treatment for loans granted repayment deferrals, or otherwise restructured, due to COVID-19.

Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 8) 2020

  • Extends the period of wage subsidy support provided under the JobKeeper scheme until 28 March 2021, and provides targeted assistance to entities that need assistance the most.

Financial Sector (Collection of Data) (reporting standard) determination No. 8 of 2020

  • Determines Reporting Standard ARS 923.2 Repayment Deferrals which collects data from authorised deposit-taking institutions on their exposure to loans with repayment deferrals due to COVID-19, and is aligned with the temporary amendments to Prudential Standard APS 220 Credit Quality.


Leases (Commercial and Retail) COVID-19 Emergency Response Declaration 2020 (No 2)

  • Retains the requirement for landlords to negotiate in good faith with an impacted tenant and reflects the amended operation of the Commonwealth Government’s JobKeeper scheme from 28 September 2020.

Public Health (Restricted Activities - Gatherings, Business or Undertakings) Emergency Direction 2020 (No 9)

  • Restricts non-essential gatherings and the operation of non-essential businesses and undertakings in order to limit the spread of COVID-19.

Annual Holidays Amendment (COVID-19 Prescribed Period) Regulation 2020

  • Extends the period during which a worker who is stood down without pay because of the COVID-19 pandemic will continue to accrue annual holiday entitlements while stood down.

Long Service Leave Amendment (COVID-19 Prescribed Period) Regulation 2020

  • Extends the periods during which temporary changes to the accrual and taking of long service leave as a result of the COVID-19 pandemic have effect.

Public Health (COVID-19 Border Control) Amendment Order (No 5) 2020

  • Amends the Public Health (COVID-19 Border Control) Order 2020 in relation to critical service (agriculture) workers crossing the Victorian New South Wales border to provide critical agricultural services.

Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) Amendment (No 5) 2020

  • Provides requirements relating to the maximum number of persons at places of public worship and significant events, and participation in, and conduct of, auctions and open houses.


Planning Legislation (Economic Recovery Measures and Other Matters) Amendment Regulation 2020

  • Supports the statewide economic recovery initiative by streamlining statutory planning processes for local government, business and the development industry, whilst still maintaining the integrity of the planning Framework.


Emergency Management Act 2006 - Delegation

  • Delegates certain functions and powers to the Deputy State Controller.


Area Directions (No 8)

  • Identifies areas within Victoria 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 13 September 2020.

Care Facilities Direction (No 11)

  • Restricts access to care facilities in order to limit the spread of COVID-19 within a particularly vulnerable population - came into force at 11:59 pm on 13 September 2020.

Diagnosed Persons and Close Contacts Directions (No 11)

  • Requires persons diagnosed with COVID-19 to self-isolate, and persons living or in close contact with a diagnosed person to self-quarantine - came into force at 11:59 pm on 13 September 2020.

Extension of Declaration of a State of Emergency

  • Extends the Declaration of a State of Emergency declared on 16 March 2020 until 11:59 pm on 11 October 2020.

Hospital Visitor Directions (No 11)

  • Prohibits non-essential visits to hospitals to limit the spread of COVID-19 -  came into force at 11:59 pm on 13 September 2020.

Permitted Worker and Childcare Permit Scheme Directions (No 5)

  • Establishes the Permitted Worker Permit Scheme and the Access to Onsite Childcare/Kindergarten Permit Scheme - came into force at 11:59 pm on 13 September 2020.

Premier’s Declaration of a State of Disaster (Section 23(1))

  • Declares that a state of disaster exists for the whole of Victoria until 11 October 2020.

Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Act 2020

  • Lengthens the total period for which a state of emergency declaration in respect of the COVID-19 pandemic may continue in force from 6 months to 12 months, alters the circumstances in which the Chief Health Officer may authorise officers to exercise certain powers, clarifies the power of the Chief Health Officer, clarifies the application of the definition of 'serious risk to public health', and enhances reporting requirements when a state of emergency declaration in respect of the COVID-19 pandemic is extended beyond 6 months.

Public Health Emergency Order under Section 22G (PHEO #2 extension)

  • Extends the public health emergency order (PHEO #2) published in the Victorian Government Gazette on 26 March 2020.

Public Health Emergency Order under Section 22G (PHEO #4 extension)

  • Extends the public health emergency order (PHEO #4) published in the Victorian Government Gazette on 11 May 2020.

Public Health Emergency Order under Section 22G (PHEO #6 extension)

  • Extends the public health emergency order (PHEO #6) published in the Victorian Government Gazette on 10 June 2020.

Restricted Activity Directions (Non-Melbourne) (No 4)

  • Restricts the operation of certain businesses and undertakings in Victoria in the relevant area to address the serious public health risk posed by COVID-19 - came into force at 13 September 2020.

Restricted Activity Directions (Restricted Areas) (No 9)

  • Restricts the operation of certain businesses and undertakings in the restricted area to limit the spread of COVID-19 - came into force at 13 September 2020.

Stay at Home Directions (Non-Melbourne) (No 5)

  • Requires persons who ordinarily reside in the relevant area to limit their interactions with others by restricting circumstances in which they may leave the residence and the relevant area, restricting gatherings and prohibiting private gatherings - came into force at 11:59 pm on 13 September 2020.

Stay at Home Directions (Restricted Areas) (No 15)

  • Requires persons who ordinarily reside in the restricted area to limit their interactions with others by restricting circumstances in which they may leave the residence and the restricted area, restricting gatherings, and prohibiting private gatherings - came into force at 11:59 pm on 13 September 2020.

Workplace Directions (No 4)

  • Limits the number of Victorians attending work premises to assist in reducing the frequency and scale of COVID-19 outbreaks in workplaces, and established more specific obligations on employers and workers in relation to managing the risk associated with COVID-19 - came into force at 11:59 pm on 13 September 2020.

Workplace (Additional Industry Obligations) Directions (No 5)

  • Limits the number of Victorians attending certain work premises to assist in reducing the frequency and scale of COVID-19 outbreaks in workplaces, and establishes additional specific obligations on employers and workers in specific industries in relation to managing the risk associated with COVID-19 - came into force at 11.59 pm on 13 September 2020.


COVID-19 Response and Economic Recovery Omnibus Act 2020

  • Provides for the amelioration of problems and impediments arising from the emergency response to the COVID-19 pandemic facilitates aspects of the economic recovery from the pandemic, makes related amendments to various Acts and validates certain actions taken during or after the state of emergency declared in relation to the pandemic.

Extension of State of Emergency Declaration

  • Extends the State of Emergency declaration made on 15 March 2020 for 14 days.


COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020

  • Extends the testing and medical examination requirement to specified groups of affected persons at all airports and ports unless exempted.

Electoral Amendment Regulations (No 4) 2020

  • Enables persons to vote as special voters by dictation if, in accordance with the requirements of a COVID-19 order or other enactment, they are in isolation or quarantine at a managed isolation or quarantine facility or on a ship.

Food (Exemption from Compliance with Verification Requirements) Amendment Regulations 2020

  • Amends the Food (Exemption from Compliance with Verification Requirements) Regulations 2020 to change the definition of COVID-19 lockdown period, replace the definition of relevant Health Act order or other restriction, and provide for revocation of the Regulations on 22 May 2021.

Special Direction - Extension of Certain Visitor Visas to Manage Effects and Deal With Consequences of Measures Taken to Contain or Mitigate the Outbreak or Effects of COVID-19

  • Extends the visas of certain people who are onshore in New Zealand on some temporary visitor visas that expire during a specified time, as these visa holders may face difficulty departing New Zealand and, due to the impact of COVID-19, there would be significant issues with processing further visa applications from this group.


FROM THE REGULATORS




The Queensland Cabinet and Ministerial Directory: 







That completes this edition of the COVID-19 update. The next update will be released on Wednesday 23 September 2020.