AUSTRALIA
/The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.
1. Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
The Work Health and Safety Incident Notification COVID-19 (April 8, 2020) – provides fact sheets with information for Persons Conducting a Business or Undertaking (PCBUs) on the approach to COVID-19 incident notification laws in each jurisdiction. Fact sheets for each of these laws can be accessed at: https://www.safeworkaustralia.gov.au/sites/default/files/2020-04/Incident-notification-fact-sheet-COVID19_0.pdf
Worker’s compensation arrangements differ across jurisdictions (states), however generally to be eligible for compensation, a worker would need to be covered by the scheme and would need to have an illness or disease of a kind covered by the scheme that arose out of - in the course of - their employment. In the case of COVID-19, establishing the time and place of contraction may become increasingly difficult The website for Safe at Work, Australia can be accessed at: https://www.safeworkaustralia.gov.au/covid-19-information-workplaces/workers-compensation-and-covid-19
If a worker is confirmed to have COVID-19, the employer will need to follow the health advice from the National Coronavirus Helpline at 1800 020 080 or the state or territory helpline. Guidelines are provided on COVID-19 notification in each state at the following website: https://www.safeworkaustralia.gov.au/covid-19-information-workplaces/what-do-if-worker-has-covid-19
2. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
If a worker is confirmed to have the COVID-19 virus, the employer must make sure the worker does not return to work while they are infectious.
Guidelines for return to work processes can be found at: https://www.safeworkaustralia.gov.au/covid-19-information-workplaces/what-do-if-worker-has-covid-19.
General advice at this time is to self-isolate for 14 days. Minimal information is currently available for the processes to return to work following recovery from COVID-19.
3. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place.
Safework Australia provides a number of resources for business on their website including “how to keep workers safe”, Workplace Checklist, Small business: Work Health and Safety (WHS) advice for Covid-19, Business Resource Kit etc.: https://www.safeworkaustralia.gov.au/covid-19-information-workplaces/workers-compensation-and-covid-19
COVID-19 updates are archived by day and provide updates on requirements. Monday, March 30 update provides information on the number of people allowed at public gatherings (2), list places that must be closed, and other guidance. Some of the listed requirements are mandatory, others are advisory. State and territory websites provide additional enforcement information and can be found be found and accessed at these website locations:
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory?
Safework Australia – mandatory (workplaces).
Australian Government – mandatory.
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
New South Wales (NSW) Minister for Better Regulation, Kevin Anderson said, “The NSW government advice to prevent the spread of COVID-19 has been very clear – stay in your local area, stay in your home. This is NOT the time to travel or visit family and friends. Anyone in NSW who leaves their house without a ‘reasonable excuse’ could spend up to six months in prison and face a fine of up to $11,000 under the emergency ministerial directive.”
Artciles about mitigation measures and penalties can be found at: https://www.domain.com.au/news/nsw-government-cracks-down-on-holidaymakers-threatens-fines-946902/
6. Has your country adopted any laws or regulations related to COVID-19?
Commonwealth - The legislation linked and listed below amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements for Remote Communities) Determination 2020 to prevent or control the entry or spread of COVID-19 in Queensland, Western Australia, South Australia and the Northern Territory (as at 15 April 2020 – links may be updated or revoked in the future):
Other state-based legislation:
Australian Capital Territory (ACT) - COVID-19 Emergency Response Act 2020: https://www.legislation.act.gov.au/View/a/2020-11/current/PDF/2020-11.PDF
South Australia (SA) - COVID-19 Emergency Response Act 2020: https://legislation.sa.gov.au/LZ/V/A/2020/COVID-19%20EMERGENCY%20RESPONSE%20ACT%202020_7/2020.7.UN.PDF
Tasmanian (TAS) - Declaration of Public Health Emergency – COVID-19: http://www.gazette.tas.gov.au/editions/2020/april_2020/21966_-_Special_7_April_2020.pdf
Victoria (VIC) - Public Health and Wellbeing Act 2008 Stay at Home Directions (No. 3): http://www.gazette.vic.gov.au/gazette/Gazettes2020/GG2020S191.pdf
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.
