Here is what the Brits say:

Here is the Aussies are facing (at the least until 2022):

Please read this SHIT carefully and read between the lines!

PARLIAMENT OF VICTORIA

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020

TABLE OF PROVISIONS

Clause                                                                                                                     Page

Part 1—Preliminary                                                                                                  1

  1. Purpose                                                                                                             1
  2. Commencement                                                                                               2

Part 2—Amendment of COVID-19 Omnibus (Emergency

Measures) Act 2020                                                                                                   3

  • Extension of operation of Part 2.1                                                                3
  • Regulations dealing with transitional matters                                             3
  • Repeal of spent Chapters                                                                                3
  • New Chapter 7 inserted                                                                                  3

Part 3—Amendment of Acts—New temporary measures and

extension of existing temporary measures                                                           4

Division 1—Children, Youth and Families Act 2005                                        4

  • Insertion of new Division 4A of Part 8.5A                                                 4
  • New section 600WA inserted                                                                        5
  • Application of Part 1.2 principles                                                                 7
  • Section 600ZC substituted                                                                             7

Division 2—Crimes (Mental Impairment and Unfitness to be

Tried) Act 1997                                                                                                           8

  1. Court may determine certain matters without hearing                              8
  2. Repeal of Part                                                                                                  8

Division 3—Magistrates’ Court Act 1989                                                            9

  1. Additional powers of registrars                                                                     9
  2. Repeal of Part                                                                                                  9

Division 4—Occupational Health and Safety Act 2004                                    9

  1. New Part 16 inserted                                                                                       9

Division 5—Public Health and Wellbeing Act 2008                                       11

  1. New Part 13 inserted                                                                                    11

591238B.I-15/9/2020

  1. BILL LA INTRODUCTION 15/9/2020

Part 4—Amendment of Acts—Extension of temporary measures             16

Division 1—Accident Compensation Act 1985                                                16

  1. Termination of weekly payments after expiry of entitlement

period                                                                                                              16

  1. Repeal of Part                                                                                                16

Division 2—Bail Act 1977                                                                                      16

  1. Repeal of Part                                                                                                16

Division 3—Corrections Act 1986                                                                       16

  • Repeal of Part                                                                                                16

Division 4—County Court Act 1958                                                                   16

  • Repeal of Part                                                                                                16

Division 5—Court Security Act 1980                                                                 17

Division 6—Criminal Procedure Act 2009                                                        17

Division 7—Education and Training Reform Act 2006                                17

childhood teacher                                                                                          18

  • Institute may extend non-practising registration of teacher or

early childhood teacher                                                                                18

Division 8—Evidence (Miscellaneous Provisions) Act 1958                         18

Division 9—Family Violence Protection Act 2008                                          18

Division 10—Fines Reform Act 2014                                                                  19

Division 11—Local Government Act 2020                                                        19

591238B.I-15/9/2020

  1. BILL LA INTRODUCTION 15/9/2020

Division 12—Oaths and Affirmations Act 2018                                              19

  • Repeal of Part                                                                                                19

Division 13—Open Courts Act 2013                                                                   19

  • Repeal of Part                                                                                                19

Division 14—Parliamentary Committees Act 2003                                        20

  • Repeal of Part                                                                                                20

Division 15—Personal Safety Intervention Orders Act 2010                       20

  • Repeal of Part                                                                                                20

Division 16—Planning and Environment Act 1987                                        20

  • Repeal of Part                                                                                                20

Division 17—Sentencing Act 1991                                                                       20

  • Repeal of Part                                                                                                20

Division 18—Supreme Court Act 1986                                                              20

  • Repeal of Part                                                                                                20

Division 19—Victorian Civil and Administrative Tribunal Act

1998                                                                                                                             21

  • Repeal of Part                                                                                                21

Division 20—Workplace Injury Rehabilitation and Compensation

Act 2013                                                                                                                      21

  • Termination of weekly payments after expiry of second

entitlement period                                                                                         21

  • Repeal of Part                                                                                                21

Part 5—Repeal of this Act                                                                                     22

  • Repeal of this Act                                                                                         22

═════════════

Endnotes                                                                                                                    23

1       General information                                                                                      23

591238B.I-15/9/2020

iii

BILL LA INTRODUCTION 15/9/2020

PARLIAMENT OF VICTORIA

Introduced in the Assembly

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020

A Bill for an Act to amend the COVID-19 Omnibus (Emergency Measures) Act 2020 and other Acts to extend the operation of temporary modifications to the law of Victoria enacted for the purpose of responding to the COVID-19 pandemic and to provide for new temporary modifications to the law of Victoria for the purpose of responding to, and relating to, the COVID-19 pandemic and for other purposes.

The Parliament of Victoria enacts:

1  Purpose

Part 1—Preliminary

The purpose of this Act is to amend the

COVID-19 Omnibus (Emergency Measures)

5                                   Act 2020 and other Acts—

  • to extend the operation of temporary modifications to the law of Victoria enacted for the purpose of responding to the COVID-19 pandemic; and

5                                     (b) to provide for new temporary modifications to the law of Victoria for the purpose of responding to, and relating to, the

COVID-19 pandemic.

2  Commencement

10                                   This Act comes into operation on the day after the day on which it receives the Royal Assent.

Part 2—Amendment of COVID-19 Omnibus (Emergency Measures) Act 2020

3  Extension of operation of Part 2.1

In section 11 of the COVID-19 Omnibus

5                                   (Emergency Measures) Act 2020, for “the day that is 6 months after its commencement”  substitute “26 April 2021”.

4  Regulations dealing with transitional matters

In section 62(1) of the COVID-19 Omnibus

10                                   (Emergency Measures) Act 2020, after “2020insert “or Part 3 of the COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020“.

5  Repeal of spent Chapters

15                                   Chapters 3 to 5 of the COVID-19 Omnibus (Emergency Measures) Act 2020 are repealed.

6  New Chapter 7 inserted

After Chapter 6 of the COVID-19 Omnibus (Emergency Measures) Act 2020 insert

20                                        “Chapter 7—Repeal of this Act

65  Repeal of this Act

This Act is repealed on 26 April 2022.”.

Part 3—Amendment of Acts—New temporary measures and extension of existing temporary measures

Division 1—Children, Youth and Families Act 2005

5                      7  Insertion of new Division 4A of Part 8.5A

After section 600O of the Children, Youth and Families Act 2005 insert

“Division 4A—Family reunification orders

10                             600OA  Period of a family reunification order— modification of certain provisions

  • This section applies to—
    • the making of a family reunification order for a child; and

15                                              (b) the extension of a family reunification order for a child under section 294.

  • The Court may specify a period in the order, or extend the order by a period, that will have the effect that the child will be placed

20                                            in out of home care for a longer cumulative period than would otherwise be permitted under section 287A(2) or (3), or section 294A(1)(b) or 296(3) or (4), as the case requires, if—

25                                              (a) the Court is satisfied that the progress of a parent of the child towards reunification has been impeded as a result of the COVID-19 pandemic; and

  • the Court is satisfied that it is in the best interests of the child to specify the period in the order, or extend the order by the period, as the case requires; and

5                                              (c) the period specified, or the extension, does not exceed the period for which the parent’s capacity to make progress towards reunification has been impeded as a result of the COVID-19 pandemic;

10                                                    and

(d) specifying the period in the order, or extending the order, will not have the effect that the child will be placed in out of home care for a cumulative

15                                                    period that is more than 6 months longer than would otherwise have been permitted under section 287A(2) or (3), or section 294A(1)(b) or 296(3) or (4), as the case requires.

20                                            Notes

  1. This section does not prevent periods being specified in increments under a particular provision, up to a total of 6 months.
  2. Making or extending a family reunification order

25                                                  as permitted by this section can never have the effect that a child will be placed in out of home care for a cumulative period that is more than 30 months.

8  New section 600WA inserted

30                                   After section 600W of the Children, Youth and Families Act 2005 insert

“600WA  Additional powers of registrars

  • Section 539(1)(d) does not apply. Subsections (2) and (3) apply instead.
  • A registrar has power to abridge or extend the bail of a person who has been granted bail in relation to a criminal proceeding.
  • The power under subsection (2) may be

5                                            exercised in respect of a person who has been granted bail—

  • either—
    • on a day on which the person’s proceeding is listed before the

10                                                             Court; or

  • on any other day; and
  • either in the presence or absence of the person.
  • A registrar has power to adjourn a criminal

15                                            proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016.

20                                    (5)  A registrar has power to abridge or extend the adjournment of a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the

25                                            National Domestic Violence Order Scheme Act 2016.

  • A registrar has power to otherwise change the time or place at which a criminal proceeding or a proceeding under the Family

30                                            Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016 is listed before the Court.

  • The powers under subsections (4), (5) and
    • may be exercised—
      • either—
        • on a day on which the proceeding

5                                                             is listed before the Court; or

  • on any other day; and
    • either in the presence or absence of the parties.
  • A registrar may exercise a power conferred

10                                            by this section—

  • on the application of a party; or
  • on the registrar’s own initiative.
  • Nothing in this section empowers a registrar to vary the amount or conditions of bail.”.

15                      9  Application of Part 1.2 principles

In section 600ZB(2) of the Children, Youth and Families Act 2005—

  • for “Division 5” (where first occurring)

substitute “Divisions 4A and 5”;

20                                     (b) for “Division 5 relates substitute

“Divisions 4A and 5 relate”.

10  Section 600ZC substituted

For section 600ZC of the Children, Youth and Families Act 2005 substitute

25                            “600ZC  Repeal of Part

This Part is repealed on 26 April 2021.”.

Division 2—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

11  Court may determine certain matters without hearing

5                                   In section 120(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

  • in paragraphs (a), (c), (e) and (g) omit

“custodial”;

10                                     (b) for paragraph (b) substitute

“(b) an application under section 31 for—

  • a variation of a custodial supervision order; or
  • a variation or revocation of a

15                                                             non-custodial supervision order;”;

  • for paragraph (f) substitute

“(f) an application under section 38ZN for—

  • a variation of a custodial

20                                                             supervision order; or

  • a variation or revocation of a non- custodial supervision order;”;
  • (d)    in paragraph (h) omit “non-custodial”.

12  Repeal of Part

25                                   In section 122 of the Crimes (Mental Impairment and Unfitness to be Tried)

Act 1997, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 3—Magistrates’ Court Act 1989

13  Additional powers of registrars

  • In the heading to section 152 of the Magistrates’ Court Act 1989 omit

5                                   “—criminal proceedings”.

  • In section 152(4), (5) and (6) of the Magistrates’ Court Act 1989, after “proceeding” insert “or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention

10                                   Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016″.

  • In section 152(7)(a)(i) of the Magistrates’ Court Act 1989 omit “criminal”.

14  Repeal of Part

15                                   In section 154 of the Magistrates’ Court

Act 1989, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 4—Occupational Health and Safety Act 2004

20                    15  New Part 16 inserted

After Part 15 of the Occupational Health and Safety Act 2004 insert

‘Part 16—COVID-19 temporary measures

25                                   189  Purpose and effect of Part

  • The purpose of this Part is to temporarily change the operation of this Act in response to the COVID-19 pandemic.
  • This Part applies despite anything to the

30                                            contrary in—

  • another Part of this Act; or
  • any other Act, other than—
    • the Charter of Human Rights and Responsibilities; or

(ii)    the COVID-19 Omnibus

5                                                             (Emergency Measures)

Act 2020; or

  • the Constitution Act 1975; or
  • any subordinate instrument, other than a subordinate instrument made under—

10                                                       (i) the Charter of Human Rights and Responsibilities; or

(ii) the COVID-19 Omnibus (Emergency Measures) Act 2020; or

15                                                     (iii) the Constitution Act 1975; or

  • any other law.

190  Power to issue prohibition notice

Section 112 has effect as if the following subsection were inserted after section

20                                            112(1)—

“(1A) For the purposes of subsection (1), a failure to comply with a direction relating to the COVID-19 pandemic given under section 200(1)(d) of the

25                                                    Public Health and Wellbeing Act 2008 is taken to be an activity that involves an immediate risk to the health or safety of a person.”.

191  Power to give directions

30                                            Section 120 has effect as if the following subsection were inserted after section 120(1)—

“(1A) For the purposes of subsection (1), a failure to comply with a direction relating to the COVID-19 pandemic given under section 200(1)(d) of the

5                                                    Public Health and Wellbeing Act 2008 is taken to be an activity that involves an immediate risk to the health or safety of any person.”.

192  Repeal of Part

10              This Part is repealed on 26 April 2021.’.

Division 5—Public Health and Wellbeing Act 2008

16  New Part 13 inserted

After Part 12 of the Public Health and Wellbeing Act 2008 insert

15                                       ‘Part 13—COVID-19 temporary measures

Division 1—Preliminary

249  Purpose and effect of Part

  • The purpose of this Part is to temporarily

20                                            change the operation of this Act in response to the COVID-19 pandemic.

  • This Part applies despite anything to the contrary in—
    • another Part of this Act; or

25                                              (b) any other Act, other than—

  • the Charter of Human Rights and Responsibilities; or

(ii)    the COVID-19 Omnibus (Emergency Measures)

30                                                             Act 2020; or

  • the Constitution Act 1975; or
  • any subordinate instrument, other than a subordinate instrument made under—
    • the Charter of Human Rights and

5                                                             Responsibilities; or

(ii)    the COVID-19 Omnibus (Emergency Measures)

Act 2020; or

  • the Constitution Act 1975; or

10                                              (d) any other law.

Division 2—Emergency powers measures

250  Secretary may appoint authorised officers

Section 30 has effect as if the following

15                                            subsection were inserted after section 30(1)—

“(1A) In addition to the persons who may be appointed under subsection (1), the Secretary by instrument may appoint

20                                                    any of the following to be an authorised officer for the purposes of this Act—

  • a person the Secretary considers appropriate for appointment based on the person’s skills, attributes,

25                                                             experience or otherwise;

  • a person included in a prescribed class of person.”.

251  Modification of section 192

Section 192(2) has effect as if after “Police”

30                                            (where secondly occurring) there were inserted “unless the authorised officer requesting assistance is a police officer”.

252  Further emergency powers

This Act has effect as if the following section were inserted after section 200—

“200A Further emergency powers relating

5                                                    to high risk persons

  • A designated authorised officer may detain a person under section 200(1)(a) if—
    • a direction has been given in the

10                                                             exercise of an emergency power

under section 200(1)(a), (b), (c) or (d); and

  • the designated authorised officer reasonably believes that a person

15                                                             who is required to comply with

the direction—

  • is a high risk person within the meaning of subsection (2); and

20                                                              (ii) is likely to refuse or fail to

comply with the direction.

  • A person is a high risk person if—
    • the person has been notified that the person has been diagnosed

25                                                             with COVID-19 and has not been

given clearance from self-isolation in accordance with the applicable requirements; or

  • the person has been notified in

30                                                             accordance with the applicable

requirements that the person is a close contact of a person who has been diagnosed with COVID-19, and has not been given clearance

35                                                             from self-quarantine in

accordance with the applicable requirements.

  • For the purposes of detaining a person under section 200(1)(a) in accordance

5                                                    with this section—

  • the reference in section 200(1)(a) to the period reasonably necessary to eliminate a serious risk to public health is taken to be a

10                                                             reference to the period throughout

which a designated authorised officer reasonably believes that the person—

  • is a high risk person; and

15                                                              (ii) is likely to refuse or fail to

comply with the direction; and

  • the reference in section 200(6) to whether the continued detention of

20                                                             the person is reasonably necessary

to eliminate a serious risk to public health is taken to be a reference to whether the continued detention of the person is

25                                                             reasonably necessary because a

designated authorised officer reasonably believes that the person—

  • is a high risk person; and

30                                                              (ii) is likely to refuse or fail to

comply with the direction.

  • In this section—

applicable requirements, in relation to a matter, means the requirements

35                                                             specified in a direction given

under section 200(1) in respect of that matter;

designated authorised officer means an authorised officer who may

5                                                             exercise any of the public health

risk powers and emergency powers because of the operation of section 199(2) (whether or not the authorised officer gave the

10                                                             direction mentioned in

subsection (1)(a)).”.

253  Modification of section 202

Section 202(2) has effect as if after “Police” (where secondly occurring) there were

15                                            inserted “unless the authorised officer requesting assistance is a police officer”.

Division 3—Miscellaneous

254  Repeal of Part

This Part is repealed on 26 April 2021.’.

20

Part 4—Amendment of Acts—Extension of temporary measures

Division 1—Accident Compensation Act 1985

17  Termination of weekly payments after expiry of

5                           entitlement period

In section 395(3)(b) of the Accident Compensation Act 1985, for “the day that is

6 months after the commencement of this section”

substitute “31 December 2020”.

10                    18  Repeal of Part

In section 396 of the Accident Compensation Act 1985, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 2—Bail Act 1977

15                    19  Repeal of Part

In section 34D of the Bail Act 1977, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 3—Corrections Act 1986

20                    20  Repeal of Part

In section 112V of the Corrections Act 1986, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 4—County Court Act 1958

25                    21  Repeal of Part

In section 79D of the County Court Act 1958, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 5—Court Security Act 1980

22  Repeal of section

In section 7A(4) of the Court Security Act 1980, for “the day that is 6 months after its

5                       commencement” substitute “26 April 2021”.

Division 6—Criminal Procedure Act 2009

23  Repeal of Chapter

In section 420ZN of the Criminal Procedure Act 2009, for “the day that is 6 months after its

10                    commencement” substitute “26 April 2021”.

Division 7—Education and Training Reform Act 2006

24  Extension of registration period—providers of accredited senior secondary courses and senior

15                           secondary qualifications

In section 5A.2.1(2) of the Education and Training Reform Act 2006, for “6 months” substitute “12 months”.

25  Extension of registration period for RTOs

20                                   In section 5A.3.1(2) of the Education and Training Reform Act 2006, for “6 months”  substitute “12 months”.

26  Institute may extend provisional registration of a teacher

25                                   In section 5A.4.1(2) of the Education and Training Reform Act 2006, for “6 months” substitute “12 months”.

27  Institute may extend provisional registration of an early childhood teacher

In section 5A.4.2(2) of the Education and Training Reform Act 2006, for “6 months”

5                                   substitute “12 months”.

28  Institute may extend non-practising registration of teacher or early childhood teacher

In section 5A.4.3(2) of the Education and Training Reform Act 2006, for “6 months”

10                                   substitute “12 months”.

29  Institute may extend duration of permission to teach

In section 5A.4.4(2) of the Education and Training Reform Act 2006, for “6 months” substitute “12 months”.

15                    30  Repeal of Chapter

In section 5A.6.1 of the Education and Training Reform Act 2006, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

20                Division 8—Evidence (Miscellaneous Provisions)

Act 1958

31  Repeal of Part

In section 191 of the Evidence (Miscellaneous Provisions) Act 1958, for “the day that is

25                                   6 months after its commencement” substitute

“26 April 2021”.

Division 9—Family Violence Protection Act 2008

32  Repeal of Part

In section 207C of the Family Violence

30                                   Protection Act 2008, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 10—Fines Reform Act 2014

33  Repeal of Part

In section 185D of the Fines Reform Act 2014, for “the day that is 6 months after its

5                       commencement” substitute “26 April 2021”.

Division 11—Local Government Act 2020

34  Definitions

In section 393 of the Local Government

Act 2020, in the definition of prescribed period

10                                   for “1 November 2020” substitute “26 April 2021”.

35      Repeal of Part

In section 396 of the Local Government Act 2020, for “2 November 2020” substitute

15                                   “27 April 2021”.

Division 12—Oaths and Affirmations Act 2018

36      Repeal of Part

In section 49H of the Oaths and Affirmations Act 2018, for “the day that is 6 months after its

20                             commencement” substitute “26 April 2021”.

Division 13—Open Courts Act 2013

37  Repeal of Part

In section 33L of the Open Courts Act 2013, for “the day that is 6 months after its commencement”

25                                   substitute “26 April 2021”.

Division 14—Parliamentary Committees Act 2003

38  Repeal of Part

In section 55 of the Parliamentary Committees Act 2003, for “the day that is 6 months after its

5               commencement” substitute “26 April 2021”.

Division 15—Personal Safety Intervention Orders Act 2010

39  Repeal of Part

In section 181C of the Personal Safety

10                                   Intervention Orders Act 2010, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 16—Planning and Environment Act 1987

40  Repeal of Part

15                                   In section 205C of the Planning and Environment Act 1987, for “the day that is

6 months after its commencement” substitute

“26 April 2021”.

Division 17—Sentencing Act 1991

20                    41  Repeal of Part

In section 180 of the Sentencing Act 1991, for “the day that is 6 months after its commencement”  substitute “26 April 2021”.

Division 18—Supreme Court Act 1986

25                    42  Repeal of Part

In section 129D of the Supreme Court Act 1986, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 19—Victorian Civil and Administrative Tribunal Act 1998

43  Repeal of Part

In section 158C of the Victorian Civil and

5                                   Administrative Tribunal Act 1998, for “the day that is 6 months after its commencement” substitute “26 April 2021”.

Division 20—Workplace Injury Rehabilitation and Compensation Act 2013

10                    44  Termination of weekly payments after expiry of second entitlement period

In section 623N(3)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013, for “the day that is 6 months after the commencement

15                                   of this section” substitute “31 December 2020”.

45  Repeal of Part

In section 623O of the Workplace Injury Rehabilitation and Compensation Act 2013, for “the day that is 6 months after its commencement”

20                                   substitute “26 April 2021”.

Part 5—Repeal of this Act

46  Repeal of this Act

This Act is repealed on the first anniversary of its commencement.

5                           Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═════════════

1  General information

Endnotes

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

By Authority. Government Printer for the State of Victoria.