COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 22 DECEMBER 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.


Biosecurity (Emergency Requirements - Remote Communities) Determination (No. 2) 2021

  • Determines requirements (referred to as remote communities’ requirements) to prevent or control the entry or spread of COVID‑19 in parts of Australian territory defined as designated areas.

Coronavirus Economic Response Package (Modifications - Statutory Declarations and Notices of Intention to Marry) Determination 2021

  • Temporarily modifies signing, witnessing, and documentary arrangements for Commonwealth statutory declarations and witnessing arrangements for notices of intended marriage.

Medicines, Poisons and Therapeutic Goods (Vaccinations by Pharmacists) Direction 2021 (No 4)

  • Instructs that a pharmacist or intern pharmacist may administer a vaccine without prescription if they comply with the Pharmacist Vaccination Standards (Vaccination Standards) imposed by Schedule 1 of the instrument.

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

  • Imposes requirements for certain affected persons, vaccinated and unvaccinated close contacts, persons who have been in a COVID-19 place of concern, and freight and transport workers.

Public Health (Diagnosed People and Close Contacts) Emergency Direction 2021 (No 9)

  • Requires people who are diagnosed with COVID-19 to self-isolate, and people identified as a close contact to undergo quarantine with the period varying depending on whether or not a person has been fully vaccinated, in order to limit the spread of COVID-19.

Public Health (Returned Travellers) Emergency Direction 2021 (No 7)

  • 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.

Approval Under the Poisons and Therapeutic Goods Regulation 2008

  • Approves certain vaccines for the purpose of Clause 48A(1A)(d) of the Poisons and Therapeutic Goods Regulation 2008, subject to certain conditions - came into force on 15 December 2021.

Electoral Amendment (COVID-19) Regulation 2021

  • Makes special provision for by-elections held during the COVID-19 pandemic - came into force on 17 December 2021.

Public Health (COVID-19 Air Transportation Quarantine) Order (No 4) Amendment (No 6) 2021

  • Removes provisions that relate to countries of concern in southern Africa, exempts certain persons arriving in NSW after being in another country from requirements relating to self-isolation and COVID-19 testing if they have undergone these in another State or territory before arriving in NSW, provides that persons who have a medical contraindication to COVID-19 vaccinations are taken to be fully vaccinated, and requires information to be true and accurate if provided under the Public Health (COVID-19 Air Transportation Quarantine) Order (No 4) 2021 or to show whether a person is a fully vaccinated arrival - came into force at 6 am on 15 December 2021.

Public Health (COVID-19 Air Transportation Quarantine) Order (No 4) Amendment (No 7) 2021

  • Removes requirements about a self-isolation period of 72 hours for fully vaccinated arrivals - came into force on 21 December 2021.

Public Health (COVID-19 General) Order (No 2) Amendment (No 1) Order 2021

  • Amends the Public Health (COVID-19 General) Order (No 2) 2021 regarding COVID-19 Safe Check-ins in cases of persons responding to emergencies and persons exercising law enforcement, intelligence or national security functions for the State or Commonwealth Government - came into force on 14 December 2021.

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

  • Prohibits music festivals in the local government area of the City of Newcastle - came into force on 16 December 2021.

Public Health (COVID-19 Self-Isolation) Order (No 4) Amendment (No 1) Order 2021

  • Amends the Public Health (COVID-19 Self-Isolation) Order (No 4) Order 2021 to specify that a person is medically cleared if the person is diagnosed with COVID-19, undergoes a period of self isolation, and is notified by NSW Health or a medical practitioner that the person may stop self isolating, and to omit a redundant provision - came into force on 18 December 2021.

Public Health (COVID-19 Vaccination of Education and Care Workers) Order (No 2) 2021

  • Repeals and remakes, with minor changes, the Public Health (COVID-19 Vaccination of Education and Care Workers) Order 2021 - came into force on 15 December 2021.

COVID-19 Directions (No. 125) 2021: Directions to Lock Out Kalkarindji and Daguragu

  • Restricts gatherings and restricts movement in and out of, and within, the area comprising both the locality of Kalkarindji and the locality of Daguragu, and imposes face mask requirements in that area, among other things.

COVID-19 Directions (No. 126) 2021: Directions to Lock Out Timber Creek and Gilwi

  • Restricts gatherings and restricts movement in and out of, and within, the area encompassing the locality of Timber Creek and the homeland of Gilwi as specified, and imposes face mask requirements in that area, among other things.

COVID-19 Directions (No. 127) 2021: Directions to Lock Down Tennant Creek

  • Requires certain places, businesses, services and activities to close, restricts gatherings and restricts movement within, into and out of the lockdown area at the specified coordinates, and imposes testing requirements for people who were in the lockdown area.

COVID-19 Directions (No. 128) 2021: Directions to Wear Face Masks in Barkly Region

  • Imposes requirements for persons in the Barkly Region local government area.

COVID-19 Directions (No. 131) 2021: Directions for Territory Border Restrictions

  • Restricts entry to the Northern Territory, and imposes requirements for screening and testing, quarantine measures, face masks, social distancing, exclusion zones and high risk places.

COVID-19 Directions (No. 132) 2021: Directions for Freight Workers

  • Imposes entry, testing and exclusion zone requirements for freight workers.

COVID-19 Directions (No. 133) 2021: Directions to Lock Down Ali Curung, Imangara, Imperrenth, Double D, Junkaji and Wakurlpu

  • Requires certain places, businesses, services and activities to close, restricts gatherings and restricts movement within, into and out of the lockdown area at the specified coordinates, and imposes testing requirements for people who were in the lockdown area.

COVID-19 Directions (No. 134) 2021: Amendment of COVID-19 Directions (No. 131) 2021

  • Amends COVID-19 Directions (No. 131) 2021.

COVID-19 Directions (No. 135) 2021: Amendment and Revocation of Other Directions

  • Amends COVID-19 Directions (No. 127) 2021 and COVID-19 Directions (No. 128) 2021, and revokes other Directions.

Border Restrictions Direction (No. 58)

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

Public Health and Social Measures Linked to Vaccination Status Direction

  • 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. 2)

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

Quarantine for International Arrivals Direction (No. 17)

  • Imposes quarantine requirements for international arrivals.

Queensland Travel Declaration Direction (No. 6)

  • Imposes requirements for everyone entering Queensland from another place in Australia or from a safe travel zone country on a quarantine free flight.

Workers in a Healthcare Setting (COVID-19 Vaccination Requirements) Direction (No. 2)

  • Sets out the COVID-19 vaccination requirements for workers in healthcare, their employers and responsible persons in healthcare settings, with limited exceptions, to assist in containing the spread of COVID-19 in vulnerable settings, including health, disability and aged care settings, and in the broader community.

Emergency Management (Arrivals No 2) (COVID-19) Direction 2021

  • Defines certain terms and concepts, and puts in place other supporting provisions, for the purposes of associated directions which will impose requirements in relation to persons arriving or intending to arrive in South Australia.

Emergency Management (Arrivals - Associated Direction No 9) (COVID-19) Direction 2021

  • Sets the arrival requirements for certain arrivals into South Australia.

Directions in Relation to Persons Arriving in Tasmania

  • Imposes requirements for persons arriving in Tasmania.

Direction Under Section 16 (Mask Wearing Requirements - No. 1)

  • Requires face masks to be worn in certain circumstances.

Direction Under Section 16 (Quarantine - No. 6)

  • Imposes quarantine requirements for certain persons.

Pandemic (Additional Industry Obligations) Order 2021 (No. 1)

  • Imposes 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 15 December 2021.

Pandemic COVID-19 Mandatory Vaccination (General Workers) Order 2021 (No. 1)

  • Requires employers to not permit general workers to work outside their homes if they are not fully vaccinated or exempt - came into force at 11:59 pm on 15 December 2021.

Pandemic COVID-19 Mandatory Vaccination (Specified Facilities) Order 2021 (No. 1)

  • Requires operators of 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 in those settings - came into force at 11:59 pm on 15 December 2021.

Pandemic COVID-19 Mandatory Vaccination (Specified Workers) Order 2021 (No. 1)

  • Requires employers to not permit a worker to work outside their ordinary place of residence if they are unvaccinated or partially vaccinated in order to limit the spread of COVID-19 within the population of those workers - came into force at 11:59 pm on 15 December 2021.

Pandemic (Detention) Order 2021 (No. 1)

  • 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 15 December 2021.

Pandemic (Movement and Gathering) Order 2021 (No. 1)

  • 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 15 December 2021.

Pandemic (Open Premises) Order 2021 (No. 1)

  • 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 15 December 2021.

Pandemic (Quarantine, Isolation and Testing) Order 2021 (No. 1)

  • Requires persons to limit the spread of COVID-19 including by requiring persons diagnosed with COVID-19 to self-isolate; and persons who are living with a diagnosed person, close contacts or exposed persons, to self-quarantine and undertake testing - came into force at 11:59 pm on 15 December 2021.

Pandemic (Victorian Border Crossing) Order 2021 (No. 2)

  • Provides for persons entering Australia as an international passenger arrival or international aircrew services worker to limit the spread of COVID-19 - came into force at 11:59 pm on 20 December 2021.

Pandemic (Visitors to Hospitals and Care Facilities) Order 2021 (No. 1)

  • 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 15 December 2021.

Pandemic (Workplace) Order 2021 (No. 1)

  • 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 15 December 2021.

Public Health and Wellbeing (Quarantine Fees) Further Amendment Regulations 2021

  • Amends the Public Health and Wellbeing (Quarantine Fees) Regulations 2020, following the enactment of the Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, to prescribe further matters required for the purposes of Part 14 of the Public Health and Wellbeing Act 2008.

Public Health Emergency Order Under Section 22D

  • Enables persons in Victoria to obtain a Schedule 4 poison directly from a pharmacist, in certain circumstances.

Public Health Emergency Order Under Section 22D

  • Facilitates a registered medical practitioner, nurse practitioner, dentist, authorised midwife, authorised optometrist or authorised podiatrist (practitioner) to obtain and possess, use, sell or supply a Schedule 4 poison (other than a drug of dependence) for a person (patient) who in the opinion of the practitioner is at risk of COVID-19, and enables pharmacists in the State of Victoria to sell or supply a Schedule 4 poison (other than a drug of dependence) on an electronically transmitted digital image of an original prescription transmitted directly to the pharmacist from a practitioner.

Approval for Flight Crew Pursuant to the Outbreak Outside of Western Australia Response Directions (No 15)

  • Facilitates the entry of certain persons into Western Australia subject to terms and conditions which are intended to prevent the importation of COVID-19 into Western Australia following an outbreak or outbreaks of COVID-19 outside of Western Australia and to otherwise limit the spread of COVID-19 in Western Australia.

Approval for Transport Freight and Logistics Drivers Pursuant to the Outbreak Outside of Western Australia Response Directions (No 15)

  • Facilitates the entry of certain persons into Western Australia subject to terms and conditions which are intended to prevent the importation of COVID-19 into Western Australia following an outbreak or outbreaks of COVID-19 outside of Western Australia and to otherwise limit the spread of COVID-19 in Western Australia.

Approval for Travellers Under a Specified Arrangement Pursuant to the Outbreak Outside of Western Australia Response Directions (No 15)

  • Facilitates the entry of certain persons into Western Australia subject to terms and conditions which are intended to prevent the importation of COVID-19 into Western Australia following an outbreak or outbreaks of COVID-19 outside of Western Australia and to otherwise limit the spread of COVID-19 in Western Australia.

Chief Health Officer Approval to Request COVID-19 Testing on Persons Who are Required to Provide Evidence of a Negative COVID-19 Test to Meet the Entry Requirements of Other States or Territories

  • Approves 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 for certain persons, subject to certain conditions.

Controlled Border for Western Australia Amendment Directions (No 53)

  • Amends the Controlled Border for Western Australia Directions and are for the purpose of preventing the importation of COVID-19 into Western Australia and otherwise limiting the spread of COVID-19 in Western Australia.

DFES (Fire Season) Crew Directions

  • Facilitates the entry to Western Australia and the undertaking of the work of an air tanker crew member in Western Australia while preventing the importation or spread of COVID-19 into Western Australia.

Outbreak Outside of Western Australia Response Directions (No 15)

  • 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.

COVID-19 Public Health Response (Infringement Offences) Amendment Regulations 2021

  • Prescribes the infringement fees and maximum fines for infringement offences against Sections 17B, 17C, and 17D(1) of the COVID-19 Public Health Response Act 2020 by assigning each of those infringement offences to one of the 3 classes of infringement offences prescribed in the COVID-19 Public Health Response (Infringement Offences) Regulations 2021.

COVID-19 Public Health Response (Managed Isolation and Quarantine Charges Waiver for Persons being Resettled from Afghanistan) Notice 2021

  • Waives certain changes for persons who meet certain conditions.

COVID-19 Public Health Response (Managed Isolation and Quarantine Facility) Rules 2021

  • Imposes rules that apply to persons in a managed isolation and quarantine facility.

COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order (No 2) 2021

  • Makes amendments in relation to recurring saliva testing and to provide clarification, among other things.

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

  • Exempts certain persons from the requirement to produce a temporary exemption to permit entry to a premise of a regulated business or service that requests a COVID-19 vaccination certificate.

Gambling (Reinstating COVID-19 Modification) Amendment Act 2021

  • Modifies the definition of remote interactive gambling during a specified period due to the effects of COVID-19.

Protection Framework Order - Testing for COVID-19

  • Specifies certain examinations or tests for COVID-19 to be an applicable COVID-19 test for the purposes of Clause 96 of the COVID-19 Public Health Response (Protection Framework) Order 2021.

FROM THE REGULATORS












That completes this edition of the COVID-19 update. The next update will be released on Wednesday 5 January 2022.