COVID-19 : NOVEL CORONAVIRUS

WEDNESDAY 6 MAY 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.


Australian Skills Quality Authority Instrument Fixing Fees Amendment (Refund of Fees) Determination 2020

  • Implements Government policy with respect to the refunding and waiver of fees charged to registered training organisations and registered providers by the Australian Skills Quality Authority.


Biosecurity Repeal (Human Health Response Zone) (Swissotel Sydney) Determination 2020

  • Repeals the zone created for temporary isolation of individuals who returned to Australia by aircraft after having been passengers on the Norwegian Jewel cruise ship.


Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 2) 2020

  • Refines and clarifies elements of the JobKeeper scheme to ensure that it most appropriately supports businesses and employees affected by the significant economic

impact caused by the Coronavirus.


National Health (Continued Dispensing - Emergency Measures) Amendment Determination 2020 (No. 3)

  • Amends the National Health (Continued Dispensing - Emergency Measures) Determination 2020 to make changes to the pharmaceutical benefits eligible to be provided as a Continued Dispensing supply.


National Health (Pharmaceutical Benefits) Legislation Amendment (Continuing Treatment during Coronavirus Pandemic) Instrument 2020

  • Modifies prescription circumstances to enable continued treatment during the COVID-19 pandemic.


National Vocational Education and Training Regulator (Charges) Amendment (COVID-19) Determination 2020

  • Implements Government policy with respect to the refunding and waiver of charges imposed on registered training organisations and registered providers by the Australian Skills Quality Authority.


Parliamentary Contributory Superannuation (Early Release Payments) Regulations 2020

  • Provides early release options to Parliamentary Contributory Superannuation Scheme deferring members for financial hardship and compassionate grounds - aligning with early release of superannuation options as currently exists for other Australians.


Social Security (Coronavirus Economic Response - 2020 Measures No. 5) Determination 2020

  • Modifies section 204A of the Social Security (Administration) Act 1999 to facilitate the provision of information (including tax file number information) by the Commissioner of Taxation to the Secretary of the Department of Social Services.


Social Security (Coronavirus Economic Response - 2020 Measures No. 7) Determination 2020

  • Varies the Social Security Act 1991 to remove the liquid assets test waiting period and seasonal work preclusion period for social security claimants who had already served a part of such period prior to 25 March 2020, and for people who claim during the periods covered by subsections 504(2), 557(2) and 646(2) of the Act.


Social Security (Deeming Threshold Rates) Determination 2020

  • Determines the below threshold rate as 0.25 per cent, and the above threshold rate as 2.25 per cent, for the purpose of calculating income from financial assets under Division 1B of Part 3.10 of the Social Security Act 1991.


Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020

  • Revokes the Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees No. 3 of 2013 and makes a new instrument which determines the fees payable for applications made to the Tertiary Education Quality and Standards Agency under the Tertiary Education Quality and Standards Agency Act 2011 and the Education Services for Overseas Students Act 2000.


Therapeutic Goods Amendment (Excluded Goods - Hand Sanitisers) Determination (No. 2) 2020

  • Clarifies certain matters relating to the specification of hand sanitisers that are excluded goods for the purposes of the Therapeutic Goods Act 1989, and introduces minor safety measures relating to presentation for supply.


Therapeutic Goods Amendment (Radiopharmaceuticals and Radiopharmaceutical Active Ingredients) Regulations 2020

  • Provides an exemption, in Schedule 7 to the Therapeutic Goods Regulations 1990, from the operation of Part 3-3 of the Therapeutic Goods Act 1989 for certain radiopharmaceuticals and radiopharmaceutical active ingredients.

Public Health (Non-Essential Gatherings) Emergency Direction 2020 (No 2)

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


Unit Titles (Management) Amendment Regulation 2020 (No 1)

  • Introduces an exemption for all owners corporations from conducting face to face meetings during a public health emergency.

Environmental Planning and Assessment Amendment (COVID-19 Planning Bodies) Regulation 2020

  • Provides for public hearings and public meetings of planning bodies to be held by means of an audio link or audio visual link for 6 months during the COVID-19 pandemic.


National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.2)

  • Removes certain travel condition restrictions on heavy vehicle travel times during the COVID-19 pandemic.


Public Health (COVID-19 Restrictions on Gathering and Movement) Amendment Order (No 2) 2020

  • Provides that it is a reasonable excuse for a person to leave the person’s place of residence to visit another person’s place of residence for the purpose of providing care or support while no more than one other visitor is present there.


Public Holidays Amendment (COVID-19 Revocations) Order 2020

  • Revokes the declaration of public holidays in May 2020 in certain parts of the Cabonne Shire Council and Clarence Valley Council areas, and in the Bogan Shire Council and Coonamble Shire Council areas. The agricultural shows originally scheduled for each of those areas have been cancelled.

Business Tenancies COVID-19 Modification Notice 2020

  • Determines the mandatory negotiation required before giving notice to quit during the emergency period, and specifies how costs of application during an emergency period must be managed.


Residential Tenancies COVID-19 Modification Notice 2020

  • Suspends or modifies provisions of the Residential Tenancies Act 1999 and Residential Tenancies Regulations 2000, and regulates matters in relation to premises and tenancy agreements to which the Act applies.

Disaster Management (Further Extension of Disaster Situation - COVID-19) Regulation (No. 2) 2020

  • Further extends the period of the disaster situation declared for the whole of the State of Queensland on 22 March 2020.

Direction Under Section 16 of the Public Health Act 1997 (Gatherings (North-West Region) - No. 2)

  • Restricts the operation of certain retail or commercial premises and services.


Direction Under Section 16 of the Public Health Act 1997 (Hospitals - No. 2)

  • Directs persons not to enter or remain on the premises of a hospital except in certain circumstances.


Direction Under Section 16 of the Public Health Act 1997 (Isolation - No. 2)

  • Directs persons diagnosed with COVID-19 to self-isolate.


Direction Under Section 16 of the Public Health Act 1997 (Quarantine - No. 1)

  • Directs certain persons to quarantine.


Direction Under Section 16 of the Public Health Act 1997 (Quarantine (North-Western Region) - No. 4)

  • Directs certain persons to quarantine.


Direction Under Section 16 of the Public Health Act 1997 (Residential Aged Care Facilities - No. 3)

  • Directs persons not to enter or remain on the premises of a residential aged care facility except in certain circumstances.


Payroll Tax (Pandemic) Order (No. 2) 2020

  • Waives the requirement for an employer to pay payroll tax on the amount of taxable wages paid or payable to an employee that is equal to the amount of the Commonwealth jobkeeper payment received by the employer for that employee.

COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020

  • Implements temporary measures that apply to tenants and landlords under certain eligible leases to mitigate the effect of measures taken in response to the COVID-19 pandemic, and implements mechanisms to resolve disputes concerning eligible leases.


National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.2)

  • Removes certain travel condition restrictions on heavy vehicle travel times during the COVID-19 Emergency.


Notice of Ministerial Exemption Under the Rail Safety National Law (Victoria)

  • Exempts certain rail transport operators from the requirement to comply with Section 114 of the Rail Safety National Law, as applies in Victoria, subject to conditions.


Victorian Private Hospital Funding (COVID-19)

  • Directs the Victorian Managed Insurance Authority to provide medical indemnity insurance, and other insurance as required, to certain eligible entities.

Declaration by Minister Extending State of National Emergency

  • Further extends the State of National Emergency declared at 12.21pm on Wednesday 25 March 2020 to 12.21pm on Wednesday 6 May 2020.


Financial Advisers (Custodian Assurance Engagement Relief - COVID-19) Exemption Notice 2020

  • Exempts custodians from the duty under the Financial Advisers (Custodians of FMCA Financial Products) Regulations 2014 to obtain an assurance engagement.


Financial Markets Conduct (Financial Reporting and Other Relief - COVID-19) Exemption Notice 2020 -

  • Exempts certain financial market participants from compliance with certain obligations (for example, financial reporting duties) under the Financial Markets Conduct Act 2013 and the Financial Markets Conduct Regulations 2014.


Health Act (COVID-19 Alert Level 3) Amendment Order 2020

  • Makes changes to what is permitted as essential personal movement or recreation under the Health Act (COVID-19 Alert Level 3) Order 2020.

FROM THE REGULATORS












That completes this edition of the COVID-19 update. The next update will be released on Wednesday 13 May 2020.