COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 1 APRIL 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 intended to be 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 being frequently updated and revoked. The URLs provided may no longer be maintained by the relevant legislative website, after the release date.


Aged Care (Subsidy, Fees and Payments) Amendment (Workforce Continuity Funding) Determination 2020

  • Increases the amount of subsidies and supplements payable to approved providers of aged care services in respect of a day from 1 March 2020.


Aged Care (Transitional Provisions) (Subsidy and Other Measures) Amendment (Workforce Continuity Funding) Determination 2020

  • Increases the amount of subsidies and supplements payable to approved providers of aged care services in respect of a day from 1 March 2020.


Assistance for Severely Affected Regions (Special Appropriation) (Coronavirus Economic Response Package) Act 2020

  • Gives effect to the Government’s commitment to set aside $1 billion to support regions, communities and industry sectors most severely affected by COVID-19.


Australian Business Growth Fund (Coronavirus Economic Response Package) Act 2020

  • Gives effect to the Government’s commitment to increase the availability of patient capital for SMEs by authorising the contribution of $100 million to invest in an Australian Business Growth Fund.


Biosecurity (Exit Requirements) Determination 2020

  • Sets requirements for individuals or any class of individuals exiting Australian territory, to prevent a listed human disease from spreading to another country.


Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements for Remote Communities) Determination 2020

  • Determine the remote communities requirements to prevent or control the entry or spread of COVID-19 in designated parts of Australian territories located in Queensland, Western Australia, South Australia and Northern Territory.


Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020

  • Determines a restriction on outbound travel for Australian citizens and permanent residents.


Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements) Amendment Determination (No. 1) 2020

  • Amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements) Determination 2020 to prevent cruise ships from entering Australian territory and require cruise ships to leave Australian territory, subject to limited exceptions, to prevent or control the entry or spread of COVID-19.


Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Essential Goods) Determination 2020

  • Prohibits the practice of price gouging and imposes requirements to ensure that those who breach relevant restrictions surrender these goods to law enforcement.


Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements - Retail Outlets at International Airports) Determination 2020

  • Determines the closure of most retail outlets operating within international terminals and international areas of joint domestic/international terminals at Australian international airports.


CASA EX57/20 - Licensing, and Operator Training and Checking (Extensions of Time Due to COVID-19) Exemptions Instrument 2020

  • Provides exemptions for certain operators, DAMP organisations, holders of flight crew licences and approvals and other persons under the Civil Aviation Safety Regulations1998.


Coronavirus Economic Response Package (Deferral of Sunsetting - Financial Management and Accountability Determination 2010/02) Determination 2020

  • Defers the original sunset day of the Financial Management and Accountability Determination 2010/02 - Services for Other Entities and Trust Moneys - Department of the Environment, Water, Heritage and the Arts Special Account Establishment 2010.


Customs (Prohibited Exports) Amendment (COVID-19 Human Biosecurity Emergency) Regulations 2020

  • Amends the Customs (Prohibited Exports) Regulations 1958 to implement a temporary prohibition on the export of goods that are essential to preventing the spread of the COVID-19.


Defence Determination, Conditions of Service Amendment (COVID-19 response) Determination 2020 (No. 7)

  • Enables the ADF to respond to the COVID-19.


Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020

  • Provides that the Minister may, on behalf of the Commonwealth, grant guarantees to financial institutions in connection with loans made, or to be made, to SMEs if granting the guarantee is likely to assist in dealing with the economic impacts of COVID-19.


Prime Minister’s Direction Under Subsection 21(1) - 2020 (No. 1)

  • Facilitates the efficient and effective deployment of Australian Public Service employees and expertise to meet the exceptional challenge posed by COVID 19 to Australian society.


National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020

  • Provides an interim measure to provide a patient who is confined to home access to necessary medicine through “Image Based Prescription for Medicine Supply”.


Structured Finance Support (Coronavirus Economic Response Package) Act 2020

  • Establishes the Structured Finance Support (Coronavirus Economic Response) Fund.


Structured Finance Support (Coronavirus Economic Response Package) Delegation 2020

  • Delegates powers and functions under section 12 of the Structured Finance Support (Coronavirus Economic Response Package) Act 2020 to the Chief Executive Officer of the Australian Office of Financial Management.


Structured Finance Support (Coronavirus Economic Response Package) (Delegation) Direction 2020

  • Sets out, for the purposes of subsection 18(4) of the Structured Finance Support (Coronavirus Economic Response Package) Act 2020, directions to delegates under subsection 18(1) about the exercise of the Minister’s powers under section 12.


Structured Finance Support (Coronavirus Economic Response Package) Rules 2020

  • Prescribes matters required or permitted by the Structured Finance Support (Coronavirus Economic Response Package) Act 2020.


Therapeutic Goods (Excluded Goods - Hand Sanitisers) Determination 2020

  • Excludes specified hand sanitisers from the operation of the Therapeutic Goods Act 1989.

Housing Assistance Public Rental Housing Assistance Program (Exempt Income and Assets) Determination 2020 (No 1)

  • Determines classes of income and assets that are to be disregarded for the purposes of the Housing Assistance Public Rental Housing Assistance Program.


Housing Assistance Public Rental Housing Assistance Program (Exempt Income and Assets) Determination 2020 (No 2)

  • Determines that one-off payments or other payments, concessions or rebates made by the Commonwealth Government or Australian Capital Territory as part of economic responses to the COVID-19 emergency are to be disregarded for the purposes of the Housing Assistance Public Rental Housing Assistance Program.


Public Health (Closure of Non-Essential Business or Undertaking) Emergency Direction 2020 (No 3)

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


Public Health (Emergency) Declaration Further Extension 2020 (No 5)

  • Further extends the period during which the Public Health (Emergency) Declaration 2020 (No 1) is in force.


Public Health (Returned Travellers) Emergency Direction 2020 (No 2)

  • Directs the quarantine of persons entering the ACT following overseas travel.


Public Health (Self-Isolation) Emergency Direction 2020

  • Requires persons diagnosed with COVID-19, caused by the novel coronavirus SARS-CoV-2, to self-isolate in order to limit the spread of COVID-19.

COVID-19 Legislation Amendment (Emergency Measures) Act 2020

  • Amends multiple Acts in response to the COVID-19 pandemic.


Environmental Planning and Assessment (COVID-19 Development - Extended Operation) Order 2020

  • Provides for retail premises trading and operating hours, and home business and home industry operating hours, with the intention of protecting health, safety and welfare of members of the public during the COVID-19 pandemic.


Government Sector Employment (General) Rules (Amendment No 11 - COVID-19) 2020

  • Amends the Government Sector Employment (General) Rules 2014.


Public Health Amendment (Penalty Notices) Regulation 2020

  • Allows for the issue of penalty notices for an offence against a provision of the Public Health Act 2010 involving a contravention of a Ministerial direction to deal with a public health risk, an order to close public premises on public health grounds, or a public health order relating to COVID-19.


Public Health (COVID-19 Air Transportation Quarantine) Order 2020

  • Directs that a person who arrives in New South Wales by aircraft and has been in a country other than Australia within 14 days before that arrival must undertake mandatory quarantine for a period of 14 days.


Public Health (COVID-19 Maritime Quarantine) Order 2020

  • Gives certain Ministerial directions to deal with the public health risk of COVID-19 and its possible consequences.


Exemption under Public Health (COVID-19 Air Transportation Quarantine) Order 2020

  • Exempts unaccompanied children from Clause 5(1) of the Public Health (COVID-19 Air Transportation Quarantine) Order 2020.


Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020

  • Directs that a person must not, without reasonable excuse, leave the person's place or residence.


Public Health (COVID-19 Self-Isolation) Order 2020

  • Directs that a person diagnosed with COVID-19 must immediately travel to a residence or place determined to be suitable for the person to reside in or to a hospital for assessment.


Treasury Legislation Amendment (COVID-19) Act 2020

  • Amends the Long Service Leave Act 1955 and Payroll Tax Act 2007 as a result of the COVID-19 pandemic.

Emergency Legislation Amendment Act 2020

  • Amends the Public and Environmental Health Act 2011 and the Information Act 2002 in relation to public health emergencies.


Extension of Operation of Declaration of Public Health Emergency

  • Extends the operation of the declaration of the public health emergency for a period of 90 days.


Public and Environmental Health Amendment Regulations 2020

  • Amends the infringement notice offences and prescribed amounts under the Public and Environmental Health Regulations 2014.

Electoral (By-elections Before Next General Election) Regulation 2020

  • Makes provision to allow or facilitate the holding of a by-election in a way that helps minimise serious risks to the health and safety of persons caused by the public health emergency involving COVID-19.


Local Government Electoral (2020 Quadrennial Election) Regulation 2020

  • Makes provision for matters about the quadrennial election for 2020.


Public Health Direction - Border Restrictions

  • Directs the self-quarantine of travellers arriving in Queensland.


Non-essential Business, Activity and Undertaking Closure Direction (No.3)

  • Directs a person who owns, controls or operates a non-essential business, activity, or undertaking not to operate.

Controlled Substances (Poisons) (Emergency Supply - Human Coronavirus Disease (COVID-19)) Notice 2020

  • Specifies an emergency for the purposes of Regulation 21(2)(f)(ii)(A) of the Controlled Substances (Poisons) Regulations 2011.


Emergency Management (Expiation Notices) Variation Regulations 2020

  • Amends the Emergency Management Regulations 2009 to provide that authorised officers may give expiation notices.

Local Government (Public Health Emergency) Amendment Act 2020

  • Inserts a new section in the Local Government Act 1999 allowing the Minister, by notice, to vary or suspend the operation of provisions of the Act if that is reasonably necessary in response to an emergency that has been declared as a public health emergency (whether or not that is subsequently also declared under the Emergency Management Act 2004).

COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020

  • Ensures the continuity of government services and allows the Government to support the Tasmanian community in the context of the COVID-19 emergency response.


Directions under Section 16 of the Public Health Act 1997

  • Restricts the travel of persons diagnosed with COVID-19, directs persons diagnosed with COVID-19 to remain in isolation, and restricts the operation of certain premises and the gatherings allowed on them.

Isolation (Diagnosis) Direction

  • Requires persons diagnosed with COVID-19 to self-isolate in order to limit the spread of COVID-19.


Non-Essential Activity Directions (No 2)

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


Prohibited Gatherings Directions

  • Prohibits non-essential gatherings in order to limit the spread of COVID-19 and adds two new categories of prohibited gatherings.


Revocation of Airport Arrivals Direction and Cruise Ship Docking Direction

  • Revokes the Airport Arrivals Direction and Cruise Ship Docking Direction.

Declaration (No. 2) and Revocation of Public Health State of Emergency

  • Declares a public health state of emergency in respect of COVID-19.


Extension of State of Emergency Declaration

  • Extends the state of emergency declaration for a period of fourteen days.


Local Government (Administration) Amendment Regulations 2020

  • Amends the Local Government (Administration) Regulations 1996 to provide for meetings by electronic means.

Declaration by Minister Extending State of National Emergency

  • Extends the state of national emergency until 12.21pm 8th April.


Declaration of State of National Emergency by Minister of Civil Defence

  • Declares that a state of national emergency exists over the whole of New Zealand.


Emergency Directive: Expiration of Medical Certificates

  • Provides relief from certain requirements of Civil Aviation Rule Parts 61.35, 63.23 and 65.25.


Epidemic Preparedness (Epidemic Management - COVID-19 - Parole Act 2002 and Sentencing Act 2002) Notice 2020

  • Modifies the application of the Parole Act 2002 and Sentencing Act 2002 in order to deal with the practical effects of the outbreak of COVID-19.


Government Policy Statement on Essential Goods and Services Such as Grocery Products in Response to COVID-19

  • Provides a statement of the economic policy of the Government in relation to maintaining confidence in the market for essential goods and services, such as grocery products during the period that COVID-19 is affecting the New Zealand economy.


Special Purpose Scope of Practice Response to COVID-19

  • Develops a mechanism for the registration and issuing of a practising certificate.


Corrigendum - Special Purpose Scope of Practice Response to COVID-19

  • Amends clause 8 of the Special Purpose Scope of Practice Response to COVID-19.

FROM THE REGULATORS




Department of Health:


NSW Government:


Parliament of New South Wales:


SafeWork NSW:



NT Government:




Parliament of South Australia:


SA Government:


SA Health:






That completes this edition of the COVID-19 update. The next update will be released on Wednesday 8 April 2020.