COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 5 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.


Aged Care Legislation Amendment (Vaccination Information) Principles (No. 2) 2021

  • Imposes requirements on approved providers of residential care, certain flexible and home care services to keep records and report to the Secretary of the Department of Health on a weekly basis how many service staff have informed them that they have, or have not, received a “second dose” of a COVID-19 vaccination (as opposed to “all required doses”).

Biosecurity (Emergency Requirements - Remote Communities) Determination (No. 3) 2021

  • Makes certain requirements relating to remote communities to prevent or control the entry or spread of the listed human disease ‘human coronavirus with pandemic potential’ (COVID‑19) into parts of Australian territory defined as designated areas.

CASA EX138/21 - Aeronautical Knowledge Examinations (Extension of Time Due to COVID-19) Exemption 2021

  • Provides relief for persons who have started the aeronautical knowledge examination process but who were unable to complete the process within the prescribed period of 2 years due to COVID-19 restrictions.

National Health (COVID-19 Supply of Pharmaceutical Benefits) Amendment (Additional Extension) Special Arrangement 2021

  • Extends the date of repeal of the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 by three months, so it is repealed at the start of 1 April 2022.

Treasury Laws Amendment (Miscellaneous Amendments) Rules 2021

  • Allows the Commissioner to make JobKeeper payments beyond the currently specified end date of 31 March 2022 to give effect to objection decisions of the Commissioner and decisions of the Administrative Appeals Tribunal or a court if a valid objection has been given to the Commissioner on or before 30 November 2021 (more than 6 months after the end of the last JobKeeper fortnight and well after the deadline for lodging objections).

Public Health (COVID-19 Affected Areas) Emergency Direction 2021 (No 14)

  • Specifies requirements for affected persons, quarantine of close contacts, people who have been in a COVID-19 place of concern, and freight and transport workers, among other things.

Public Health (Diagnosed People and Close Contacts) Emergency Direction 2021 (No 11)

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

Public Health (Mandatory Face Masks) Emergency Direction 2021 (No 7)

  • Requires people to wear a face mask while in indoor public spaces to limit community transmission of COVID-19 in the Australian Capital Territory.

Public Health (Restricted Activities) Emergency Direction 2021 (No 8)

  • Imposes restrictions on certain businesses, activities and undertakings in relation to occupancy and density limits at premises, and the requirement to operate in accordance with COVID-19 safety plans where applicable to minimise the public health risk posed by COVID-19 in the Australian Capital Territory.

Public Health (Returned Travellers) Emergency Direction 2021 (No 8)

  • Requires persons travelling from overseas to either quarantine or undergo a COVID-19 test, depending on whether or not the person has been fully vaccinated, in order to limit the spread of COVID-19.

Exemption Under Clause 15 of 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 relation to attending an exempt workplace for work, subject to certain conditions - came into force on 31 December 2021.

Public Health Amendment (COVID-19 Medical Contraindication Certificates) Order 2021

  • Amends the Public Health (COVID-19 Air Transportation Quarantine) Order (No 4) 2021, the Public Health (COVID-19 Care Services) Order (No 3) 2021, the Public Health (COVID-19 Vaccination of Education and Care Workers) Order (No 2) 2021 and the Public Health (COVID-19 Vaccination of Health Care Workers) Order (No 3) 2021 concerning medical contraindication certificates - came into force on 23 December 2021.

Public Health (COVID-19 Air Transportation Quarantine) Order (No 4) Amendment Order (No 8) 2021

  • Requires certain persons arriving in New South Wales, including flight crew, to self-isolate until the person has undergone a rapid antigen test for COVID-19 and the result of the test is negative, and requires a person who tests positive on a rapid antigen test for COVID-19 to undergo a test for COVID-19 as soon as practical after testing positive, and to self-isolate until the person is notified that the result for the test for COVID-19 is negative - came into force on 31 December 2021.

Public Health (COVID-19 Care Services) Order (No 3) 2021

  • Repeals and remakes the Public Health (COVID-19 Care Services) Order (No 2) 2021, which deals with the vaccination of aged care and disability services workers - came into force on 23 December 2021.

Public Health (COVID-19 General) Order (No 2) Amendment (No 3) Order 2021

  • Amends the Public Health (COVID-19 General) Order (No 2) 2021 to generally require fitted face coverings to be worn in indoor areas with some exceptions, require QR code check-in in retail premises and hospitality venues and provide for no more than 1 person per 2 square metres of space in indoor areas of hospitality venues and nightclubs - came into force on 23 December 2021 and 27 December 2021.

Public Health (COVID-19 General) Order (No 2) Amendment (No 4) 2021

  • Amends the Public Health (COVID-19 General) Order (No 2) 2021 to provide that a person is not required to electronically register contact details when entering retail premises within a shopping centre if the person provided the details when entering the shopping centre - came into force on 27 December 2021.

Public Health (COVID-19 Self-Isolation) Order (No 4) Amendment (No 2) Order 2021

  • Makes miscellaneous amendments to the Public Health (COVID-19 Self-Isolation) Order (No 4) 2021 - came into force on 30 December 2021.

Public Health (COVID-19 Vaccination of Health Care Workers) Order (No 3) 2021

  • Repeals and remakes, with some changes, the Public Health (COVID-19 Vaccination of Health Care Workers) Order (No 2) 2021 - came into force on 23 December 2021.

COVID-19 Directions (No. 136) 2021: Exiting a Lockdown Area or Lockout Area to Leave the Territory

  • Imposes requirements for existing a lockdown area or lockout area, and for face masks and social distancing.

COVID-19 Directions (No. 138) 2021: Amendment and Revocation of Other Directions

  • Amends COVID-19 Directions (No. 127) to extend the Tenant Creek Lockdown, and amends the COVID-19 Directions (No. 128) to extend the Barkly Region mask requirement, among other things.

COVID-19 Directions (No. 139) 2021: Amendment and Revocation of Other Directions

  • Amends COVID-19 Directions (No. 128) to extend the Barkly Region mask requirement, among other things.

COVID-19 Directions (No. 140) 2021: Directions to Lock Out Tennant Creek

  • Restricts movement into and out of Tennant Creek and surrounding areas as specified in the Direction, imposes restrictions on gatherings and access to places, activities and services, and imposes requirements for face masks, testing and social distancing.

COVID-19 Directions (No. 141) 2021: Directions for Aged Care Facilities

  • Imposes requirements for entry to aged care facilities, and collection and security of information, among other things.

COVID-19 Directions (No. 142) 2021: Directions to Wear Face Masks in the Territory

  • Requires every person in the Territory to wear a face mask while they are inside any premises, vehicle or vessel and cannot maintain a distance of 1.5 m from other people, except in certain circumstances.

COVID-19 Directions (No. 143) 2021: Amendment to Directions (No. 142) 2021

  • Amends COVID-19 Directions (No. 142) 2021 by inserting additional circumstances during which a mask is not required, among other things.

Determination of Exclusion Zones

  • Determines certain areas as exclusion zones for the purpose of Direction 3 of the COVID-19 Directions (No. 131) 2021.

Border Restrictions Direction (No. 59)

  • Sets the requirements for entry to Queensland for the vaccinated, unvaccinated, people from border zones and people from COVID-19 hotspots, among other things.

Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No. 2)

  • Mitigates the risk of the spread of COVID-19 by providing a consistent and best practice approach to the management of individuals diagnosed with COVID-19 in Queensland and close contacts.

Point of Care Rapid Antigen Tests for COVID-19 for Queensland Public Hospitals Direction

  • Specifies requirements for use of rapid antigen tests for QLD public hospitals.

Public Health and Social Measures Linked to Vaccination Status Direction (No. 2)

  • Outlines the requirements for businesses, activities and undertakings, including COVID-19 vaccination requirements for owners, operators, visitors and staff entering and remaining in businesses, activities and undertakings.

Public Health Face Mask Requirements Direction (No. 4)

  • Requires people in any part of Queensland to wear a face mask in particular circumstances.

Quarantine for International Arrivals Direction (No. 18)

  • Imposes requirements for quarantine for international arrivals, registration of international arrivals, travelling from a safe-travel zone country, and screening and evidence relating to COVID-19.

Emergency Management (Activities - Associated Direction No 17) (COVID-19) Direction 2021

  • Declares the whole of South Australia to be a declared area that is subject to level 1 restrictions, and modifies the Emergency Management (Activities - General No 3) (COVID-19) Direction 2021.

Emergency Management (Appropriate Surgery During COVID-19 Pandemic No 5) (COVID-19) Direction 2022

  • Ensures that healthcare resources are available to respond to the immediate needs of persons infected with COVID-19.

Emergency Management (Arrivals - Associated Direction No 13) (COVID-19) Direction 2021

  • 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 (Reporting on COVID-19 Testing No 3) (COVID-19) Direction 2021

  • Imposes obligations on a responsible person in relation to COVID-19 tests conducted by a pathology laboratory for which the person is responsible.

Emergency Management (Supervised Quarantine No 12) (COVID-19) Direction 2021

  • Imposes requirements relating to supervised quarantine.

Emergency Management (Use of Point of Care Tests) (COVID-19) Direction 2021

  • Specifies requirements for using certain point-of-care antigen based or nucleic acid based tests.

Directions in Relation to Persons Arriving in Tasmania

  • Imposes requirements for persons arriving in Tasmania who are not fully vaccinated, persons who are fully vaccinated and have travelled from high risk locations, travellers from extreme risk locations, vessels and aircraft and quarantine, among other things.

Direction Under Section 16 (Arrival Requirements for Certain Travellers into Tasmania - No. 14)

  • Imposes requirements for certain persons arriving in Tasmania.

Direction Under Section 16 (Quarantine - No. 7)

  • Imposes quarantine and other requirements for close contacts.

Direction Under Section 16 (Requirements Following Positive Rapid Antigen Test - No. 1)

  • Imposes requirements for persons who receive a positive rapid antigen test result.

Direction Under Section 16 (Residential Aged Care Facilities - No. 18)

  • Imposes requirements for entry to residential aged care facilities.

Direction Under Section 16 (Testing of Certain Essential Travellers - No. 2)

  • Imposes requirements for testing of certain essential travellers.

Direction Under Section 16 (Vaccination Requirements in Relation to Early Childhood Facilities - No. 1)

  • Imposes vaccination and other requirements for persons entering a non-residential early childhood facility, or working at residential early childhood facilities, among other things.

Pandemic (Detention) Order 2021 (No. 2)

  • Specifies circumstances and conditions in which a person is to be detained in Victoria to limit the transmission of COVID-19 and the period of, and requirements for, that detention - came into force at 11:59 pm on 30 December 2021.

Pandemic (Movement and Gathering) Order 2021 (No. 2)

  • Requires individuals to take certain actions to reduce the risk of harm caused by COVID-19 by carrying and wearing face coverings in certain settings and limiting interactions with others by restricting gatherings at certain types of events - came into force at 11:59 pm on 23 December 2021.

Pandemic (Quarantine, Isolation and Testing) Order 2021 (No. 2)

  • Requires persons to limit the spread of COVID-9 including by requiring persons who are diagnosed with COVID-19 to self-isolate and requiring close contacts to self-quarantine and undertake testing - came into force at 11:59 pm on 30 December 2021.

Public Health and Wellbeing Amendment (Service Victoria) Regulations 2021

  • Confers functions on the Service Victoria CEO authorising the collection, provision, transfer, disclosure or use of information by the Service Victoria CEO for the purposes of the Public Health and Wellbeing Act 2008.

Chief Health Officer Approval to Request COVID-19 Testing on Persons Who are Presenting to be Tested under the Outbreak Outside of Western Australia Response Directions (No 15)

  • Gives 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 certain persons.

Controlled Border for Western Australia Amendment Directions (No 54)

  • Amends the Controlled Border for Western Australia Directions in relation to high risk, medium risk and low risk jurisdictions, among other things.

Controlled Border for Western Australia Amendment Directions (No 55)

  • Amends the Controlled Border for Western Australia Directions in relation to extreme risk and high risk jurisdictions, among other things.

Controlled Border for Western Australia Amendment Directions (No 56)

  • Amends the Controlled Border for Western Australia Directions in relation to high risk and medium risk jurisdictions.

COVID Restrictions (Gatherings and Related Measures) Directions (No. 3)

  • 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 pandemic caused by COVID-19 following the detection of a positive case of COVID-19 in the Western Australian community and to otherwise limit the spread of COVID-19.

COVID Restrictions (Seated Service) Directions

  • Imposes requirements on the manner of service at certain venues in order to prevent, control or abate the risks associated with the emergency presented by the pandemic caused by COVID-19 following the detection of positive cases of COVID-19 in the Western Australian community and to otherwise limit the spread of COVID-19.

Outbreak Outside of Western Australia Response Directions (No 18)

  • Helps prevent the importation of COVID-19 into Western Australia following an outbreak or outbreaks of COVID-19 outside of Western Australia, and otherwise limits the spread of COVID-19 in Western Australia.

Perth Glory (Close Contacts) Directions

  • Facilitates the entry of relevant persons into Western Australia subject to requirements which are intended to prevent the importation of COVID-19 into Western Australia and to otherwise limit the spread of COVID-19 in Western Australia.

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021

  • Amends the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 and COVID-19 Public Health Response (Isolation and Quarantine) Order 2020.

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) Amendment Order 2021

  • Replaces the transitional provisions that apply to people who, immediately before the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 comes into force, have a duty to be isolated or quarantined in accordance with the principal order.

COVID-19 Public Health Response (Air Border) Order 2021

  • Supports a public health response to COVID-19 that furthers the purpose of the Act by imposing requirements and restrictions in relation to persons who arrive in New Zealand by air.

COVID-19 Public Health Response (Exemption from Vaccination Requirements for RSE Workers) Revocation Notice 2021

  • Revokes the COVID-19 Public Health Response (Exemption from Vaccination Requirements for RSE Workers) Notice 2021.

COVID-19 Public Health Response (Isolation and Quarantine and Other Matters) Amendment Order 2021

  • Amends the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020, COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 and the COVID-19 Public Health Response (Required Testing) Order 2020.

COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021

  • Amends the COVID-19 Public Health Response (Protection Framework) Order 2021 in relation to definitions, face coverings, access to goods, services and premises, exemptions, the Northland region, and education services.

COVID-19 Public Health Response (Specified Work Vaccinations) Amendment Order 2021

  • Provides that certain work that belongs to a class of work in Schedule 2 is not specified work in specified circumstances, clarifies that the Minister may grant an exemption in respect of work that belongs to a class of work in Schedule 2 in specified circumstances, and revokes certain provisions.

COVID-19 Vaccine Eligibility Direction 2022

  • Specifies the persons who are eligible to receive publicly funded COVID-19 vaccination under the New Zealand Public Health and Disability Act 2000.

Epidemic Preparedness (Medicines Act 1981 - COVID-19) Immediate Modification Order 2021

  • Modifies the requirements imposed by the Medicines Act 1981 to enable the effective management of COVID-19 or its effects (or both).

FROM THE REGULATORS













That completes this edition of the COVID-19 update. The next update will be released on Wednesday 12 January 2022.