!!! LATEST RESTRICTIONS UPDATE !!!

... Help Stop the Spread ...

In this edition:

• Curfew - Metro Melbourne ONLY
• Face masks
• Work
• Travel in Victoria
• Cross Boarder Travel
• Travel to Victoria
• QR Code Requirements
• Displaying QR Codes
• Offices
• FAQs
• Authorised Provider and Authorised Worker Permit
• Accessing Childcare
• Construction Sites
• State Critical Infrastructure List
• COVIDSafe Plan
• Permit Information Link
• FAQs For Construction

The Victorian Government announced regional Victoria entered lockdown from 1:00 pm, Saturday 21 August.

All metropolitan Melbourne restrictions - excluding the curfew - will be implemented across Regional Victoria until 11:59pm Thursday, 2 September.

For an overview of the restrictions, see the Table of Restrictions.

RESTRICTIONS IN MELBOURNE

Stay at home curfew 

A stay-at-home curfew is in place for Metropolitan Melbourne. Between 9:00pm and 5:00am, you cannot leave your home (or the home of your intimate partner or bubble buddy) other than for limited reasons, including:

• authorised work
• health and medical purposes
• care and support of a child or someone with special needs
• in an emergency or to escape harm

If you are in Regional Victoria, the curfew does not apply. If you travel to metropolitan Melbourne from regional Victoria for a permitted reason, you will be required to adhere to the curfew whilst you are in metropolitan Melbourne.

Face masks

Must be carried at all times.

• Anyone 12 years and over must wear a fitted face mask whenever they leave their home, indoors or outdoors, unless a lawful exception applies.
• Face masks do not need to be worn indoors or outdoors if you are working alone unless another person enters that indoor or outdoor space.
• You can remove your mask in a public place when consuming food, medicine or non-alcoholic drinks.
• Face masks are recommended for primary school aged children, but they are not mandatory.

Work

You may only attend your workplace if you are unable to work from home and your workplace is authorised to operate. You must work from home if your workplace is not authorised to open or operate.

Authorised workers are permitted to travel to and from work even when curfew is in place.

An Authorised provider and authorised worker permit is required when leaving home for authorised work or permitted higher education.

Worker permits will be required to leave the house for authorised work in Regional Victoria from 11:59pm Sunday 22 August.

Travel in Victoria

You must not travel beyond 5km of your home except for a permitted reason, such as undertaking authorised work that cannot be done from home.

Cross border travel

This includes border communities and specified workers. See the Victorian Travel Permit System and Information for Border Communities.

Travel to Victoria

For further details on the requirements on people seeking to enter Victoria from any other State or Territory in Australia or a Green Zone Country, including those entering from a Red Zone or an Extreme Risk Zone, see the Victorian Travel Permit System.

Click here for Victorian Travel Permit System - FAQs

QR code requirements 

Every business must use the free Victorian Government QR Code Service to check-in customers, workers and visitors, with some limited exceptions. Every visitor must check-in, no matter how long they are at the premises. The 15-minute threshold for checking-in no longer applies.

Kiosk check-in and alternative record keeping methods

Current requirements to provide an alternative record keeping method for members of the public (or employees) that do not have a smart phone remain. This could include a kiosk option (via a tablet) or, as a last resort, pen and paper.

Information collected using an alternative record-keeping method must be provided to Service Victoria if requested to do so by the Department of Health or Service Victoria.

Business owners face on-the-spot fines of $1817 if they fail to comply with electronic record keeping requirements. When a business is repeatedly non-compliant, the business owner can face a further fine of $10,904. For continued, blatant or wilful non-compliance, a business owner may face prosecution.

Displaying QR codes

All workplaces that are required to use QR codes must display the QR code in a prominent location at each point of entry.

Offices

Can only operate in accordance with the Authorised Provider and Authorised Worker list.

Frequently Asked Questions

Does a density quotient apply during the current restrictions?

Yes, a density quotient of one person per four square metres applies in all premises and spaces that are open and accessible to the public, and in shared spaces within workplaces (such as lunchrooms).

A density quotient is the number of people allowed in each space. It is designed to support physical distancing between people to minimise the risk of COVID-19 transmission.

Can my business open?

Your business can open if it is included in the Authorised Provider list, if your workers are included in the Authorised Worker list.

Authorised workers are required to carry a valid Authorised Provider and Authorised Worker permit when working, and when travelling for work.

If my workplace is an Authorised Provider or I am an Authorised Worker, can I go to my workplace?

You should only work on-site if it is not possible to do your job from home, or if another lawful reason applies, such as the need to perform emergency maintenance or ensure the premises are closed safely. In general, if you can work from home, you must work from home.

Authorised workers are required to carry a valid Authorised Provider and Authorised Worker permit when working, and when travelling for work.

Some parts of my business operations are permitted under the current restrictions. Does that mean my entire operation can continue?

You can only continue operating the parts of your business that are included in the Authorised Provider list or the Authorised Worker list, or which are expressly permitted in the table above.

My business is closed under the current restrictions. Can I visit the premises?

If your business is closed, you can only attend the premises:

• to perform essential or emergency maintenance
• to ensure the premises are closed safely
• to allow workers to collect materials or equipment required for them to work from home
• to provide necessary administrative services to enable your employees to work from home
• as required or authorised by law or in an emergency.

Can I/my workers attend the workplace to collect material or equipment I/they require to work from home?

Yes, workers can collect materials or equipment they require to work from home, but they must not remain at the workplace for any other reason if they are not listed on the Authorised Provider and Authorised Worker List.

Authorised workers are required to carry a valid Authorised Provider and Authorised Worker permit when working, and when travelling for work.

About the authorised provider and authorised worker permit

Workplaces in Victoria must not permit workers to undertake work at the workplace unless it an authorised provider or service, or workers are authorised (visit this page to see a list of authorised providers and workers).

Employers that require their staff to attend a work site must issue a worker permit to their employees – this is the employer’s responsibility. Advice on how to access the authorised worker permit is provided below.

Penalties of up to $21,808 (for individuals) and $109,044 (for businesses) will apply to employers who issue worker permits to authorised employees who do not meet the requirements of the worker permit scheme or who otherwise breach the scheme requirements.

There will also be on-the-spot fines of up to $1,817 (for individuals) and up to $10,904 (for businesses) for anyone who breaches the scheme requirements. This includes employers and employees who do not carry their worker permit when travelling to and from work.

Click below links to download the permit

Authorised Provider and Authorised Worker Permit DOCX 64.22 KB

Authorised Provider and Authorised Worker Permit PDF 191.56 KB

Eligibility

For employees attending work premises, employers can issue a worker permit to their employee if:

• the organisation is on the list of Authorised providers and authorised workers list
• the employee is working in an approved category for on-site work, and
• the employee cannot work from home.

In rare circumstances an employee does not need a worker permit. This includes:

• if an employee is at risk at home, such as at risk of family violence
• law enforcement, emergency services or health care workers who carry employer-issued photographic identification, which clearly identifies the employer.

The list of these exceptions is below.

An employee must not use a worker permit and must not attend work, even if they have been issued a permit, if:

• they test positive to COVID-19 and are required to self-isolate
• they are a close contact of someone who has tested positive and are required to self-isolate

Accessing childcare

Childcare, kindergarten and early childhood services are open only for vulnerable children, or the children of authorised workers if they cannot work from home or if no supervision is available at home.

From 11:59pm on 23 August, authorised workers can access childcare, kindergarten and early childhood services (and take a child to a centre) if:

• at least one parent/guardian is authorised to work and has a valid authorised worker permit, and is working either at home or on site, and
• they cannot make alternative supervision arrangements
• An authorised worker who is required to work shift work (e.g. overnight shift at a hospital) can send a child to childcare or an early childhood service outside their working hours so they can rest.

Your worker permit or ID issued by your employer must be shown to childcare, kindergarten, and education centres.

To obtain the permit, download the form above. The permit must be valid and certified by an employer.

Parents and carers of vulnerable children can also access childcare, kindergarten and early education centres. A permit is not required for this.

In-home childcare is permitted for children of authorised workers or vulnerable children and a permit is not required for this.

(Note: If you are an authorised worker who was already issued a permit prior to Sunday 22 August 11:59 pm for the purposes of going to your work premises, you can use that permit as proof for childcare purposes. From Sunday 22 August 11:59 pm, eligible workers who do not have a permit issued prior to Sunday 22 August 11:59pm will need to apply for the current form above, to be provided from Monday 23 August 11:59 pm to childcare, kindergarten and early childhood services.)

Do I have to carry my worker permit with me?

Yes, you must carry your worker permit with you whenever you leave home for work. You may be asked to produce your permit by Police or Authorised Officers.

Click here for Authorised provider and authorised worker permit FAQ’s

Construction sites

These restrictions apply across Victoria:

All sites - limit worker movement (including supervisors and on-site specialists) between multiple construction sites.  Must comply with a density quotient of one person per four square meters, face masks and cleaning requirements.

• Supervisors on small-scale construction sites - can move between multiple small-scale construction sites.
• Specialist contractors - can move between up to three construction sites per week.
• Specialists who provide safety services and those required to meet minimum statutory obligations or requirements (for example, auditors, building inspectors or surveyors) are exempt from worker movement limits.
• Small-scale construction – limited to five workers (excluding the site supervisor) onsite.
• Early-stage land development sites – limited to 10 workers per hectare onsite at any one time.
• Large-scale construction – limited to 25 per cent of the baseline daily workforce or five workers, whichever is higher.
• Critical and essential infrastructure and critical repairs to any work premises do not need to comply with worker caps.

State Critical Infrastructure List

Construction of critical and essential infrastructure is not subject to business operating reductions. It means:

• construction or maintenance (including civil works and building activities) of critical and essential infrastructure that is urgently required for the purposes of sustaining human health, safety and wellbeing, regardless of whether those activities are privately or publicly funded
• activities prescribed by government from time to time as “State Critical Infrastructure Projects”
• construction and maintenance for the purposes of national security and defence.

State Critical Infrastructure List – Metro 23 Aug 2021 PDF 56.74 KB

State Critical Infrastructure List – Regional 23 Aug 2021 PDF 53.54 KB

The expectation is that very few activities will meet the above tests. Project proponents can contact ICC@ecodev.vic.gov.au to apply for a determination by the Chief Health Officer.

Create and review your COVIDSafe Plan

All Victorian workplaces with on-site operations (including home-based businesses) must have a COVIDSafe Plan. Construction workplaces must have a Construction COVIDSafe Plan which is specifically tailored to construction businesses. The Construction COVIDSafe Plan supports your business to prevent the spread of COVID-19 and applies the Six principles of COVIDSafe workplaces.

You must regularly review your Construction COVIDSafe Plan to ensure it is current and reflects the latest advice.

COVIDSafe Plan: Construction

Click here for further information on construction sector guidance.

NB:  When accessing the link below - the reference to Regional Victoria no longer applies.  This was prepared prior to the government announcing the Statewide Lockdown.  The process and details of obtaining a permit remains the same.

FAQ's For Construction

NB:  The following information now applies Statewide

What are the restrictions for construction sites?

From 1:00 pm on 21 August 2021 the following changes will need to be adopted by all construction sites.

• All sites will limit movement between multiple sites. Workers, including supervisors and managers, must not work at more than one site unless it is not reasonable and practical for the supervisor/manager to be limited to only one work site. For small-scale construction, supervisors can move between sites and specialist contractors can move between up to three sites per week.
• Allow no more than one worker per four square metres of enclosed workspace
• All workers will require an Authorised Worker and Provider Permit issued by an employer, to be presented to Victoria Police or Authorised Officers on request
• All workers must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.

It is recommended all employees, supervisors and on-site specialists:

• Minimise car-pooling to and from work, except in limited circumstances

Each small-scale construction site will:

• reduce the number of people on-site to five people plus a supervisor at any one time
• limit movement of workers between different sites. Specialist contractors or supervisors who need to move between sites may only visit three sites per week. All workers moving between multiple sites must wear a face mask (indoors and outdoors), check-in using the Victorian Government’s QR code app, and observe hygiene measures.
• supervisors moving between sites should adhere to enhanced COVIDSafe practices.

Each large-scale construction site will:

• be limited to a daily maximum of workers on site calculated as the higher of:
  • 25 per cent of their baseline workforce; or
  • five workers

All workers count towards the applicable daily worker limit with the exception of workers specifically required to meet the minimum statutory obligations or requirements. .

Baseline workforce is the average daily number of workers on site across the project lifecycle, as derived from the project’s resourcing plan as at 16 August 2021. The resourcing plan and calculation are subject to audit.

Project lifecycle commences from the date of on-site mobilisation and ends at handover.

Each early-stage residential land development site will:

• follow density restrictions of no more than 10 workers per hectare.

All workers count towards the density restrictions.

Application

What is considered a large-scale construction site?

A construction site is considered large scale if it is:

• permitted (as per the planning permit) to be (at completion) more than three storeys high (excluding basement), or
• larger than 1,500m2 floor size (inclusive of all floors) or
• for office use or for the internal fit out or retail premises, or
• for industrial or large format retail use.

What is considered to be a small-scale construction site?

A small-scale construction site is a construction site that does not meet the definition of a large scale construction site or an early-stage land development.

What is considered to be construction of critical and essential infrastructure?

Construction of critical and essential infrastructure is not subject to business operating reductions. It means:

• construction or maintenance (including civil works and building activities) of critical and essential infrastructure that is urgently required for the purposes of sustaining human health, safety and wellbeing, regardless of whether those activities are privately or publicly funded;
• activities prescribed by government from time to time as “State Critical Infrastructure Projects”; and
• construction and maintenance for the purposes of national security and defence.

The expectation is that very few activities will meet the above tests. Project proponents can contact ICC@ecodev.vic.gov.au to apply for a determination by the Chief Health Officer.

What is the definition of a worker?

Workers refer to people working on a site including, but not limited to, owners, managers, employees, contractors, workers on labour hire and security.

Workers do not include suppliers and deliveries (e.g. concrete testers and the like) who are only present onsite for a short period of time and these do not count towards the daily worker limits.

What is the definition of specialist contractors?

• Appliance installers
• Asphalters
• Brick layers
• Cabinet installers
• Carpenters
• Carpet layers
• Caulkers
• Cladding installers
• Concreters
• Earthworks and drainage specialists
• Electricians
• Engineers
• Floor installers
• Floor layers
• Flora and fauna specialists
• Garage door installers
• Gas contractors
• Geotechnical specialists
• Gold class riggers
• Heritage and cultural heritage specialists
• Insulation installers
• Joiners
• Landscape architects
• Mechanics who install and repair plant
• Mobile Cranes – Operators and dogmen
• Painters
• Plasterers
• Plumbers, including roof plumbers
• Post Tensioners
• Precast installers
• Renderers
• Retaining wall specialists
• Security system installers
• Sewer contractors
• Shower screen/mirror installers
• Solar installers
• Sprinkler fitters
• Steel fixers
• Telecommunications installers
• Termite specialists
• Tile layers, including roof tilers
• Traffic engineers
• Vertical access riggers
• Water proofers
• Welders
• Window and glass installers/glaziers

Can the selection of the 25 per cent of the workforce be changed day to day or week to week at the discretion of the Principal Contractor?

Yes. The principal contractor will determine which of the work will be prioritised to deliver its construction program, while ensuring the safety and security of the site.

Under the current restrictions, if there are separate contracts/projects being carried out concurrently within the same building, are these treated as individual projects for the purposes of operating reductions?

No. All workers on a site count towards the daily worker limit, with the exception workers undertaking emergency repairs and maintenance and workers engaged as suppliers and in deliveries (e.g. workers operating concrete trucks, concrete testers and the like who are only present onsite for a short period of time).

Each construction site must have a COVIDSafe Plan in place.

Under the current restrictions, can new construction contracts be signed and commenced?

Construction contracts can be signed and commenced if they are works relating to a permitted construction work premises:

• Building and non-building construction (including residential)
• Construction of critical and essential infrastructure and services to support these projects, and other construction in line with restrictions
• Critical repairs to any premises, are allowed, where required for emergency or safety.

Employers of permitted construction work must have a COVIDSafe Plan in place for each workplace/site.

Are machine operators allowed to operate across different sites?

Specialist contractors can visit up to three sites per week. This includes mobile crane operators and vertical access riggers among other relevant roles. However we ask these workers to minimise interactions with people on site as much as possible to reduce the risk of spreading COVID-19 from site to site.

Can supervisors and/or managers for permitted workplaces move between sites?

The current restrictions are designed to limit movement as much as possible. Workers, including supervisors and managers, must not work at more than one site unless it is not reasonable and practical for the supervisor/manager to be limited to only one work site.

If there is a genuine reason why the supervisor/manager cannot be limited to one site, the employer must have systems of work in place to minimise the number of workers working across multiple sites, and maintain a record of all workers who do so.

For small-scale construction, supervisors can move between sites and specialist contractors can move between up to three sites per week. These arrangements must be recorded, and the requirements of, the COVIDSafe plan adhered to at each site.

How many residential sites are builders, contractors and/or tradespeople permitted to work on in a single week if they are completing and handing over homes to allow homeowners to move in?

Movement of builders and contractors between residential sites must be managed in line with requirements for small-scale construction. Under those requirements, workers’ movements must be limited, supervisors and specialists who provide safety services may move between as many small-scale construction sites as necessary to fulfil their duties, and specialist contractors may move between up to three sites a week.

These arrangements must be recorded in, and observe the requirements of, the COVIDSafe plan at each site.

How will the five-worker rule apply with respect to sites where the homeowner attends the building site?

Under the Stay at Home Directions, individuals are only allowed to leave their homes for five reasons. Visiting a building site is not one of them.

If a homeowner attends the site for work purposes they will be counted towards the number of workers on the site.

If the homeowner is seeking to conduct an inspection of the site this should be conducted remotely where possible. If the homeowner must attend the site to complete a final inspection, this should be done alone.

Can work continue at a construction site for the purpose of making the site safe for shutdown?

Yes, providing the work is undertaken in line with the Workplace Directions and Workplace (Additional Industry Obligations) Directions.

I have a project where the building surveyor has determined that protection of the adjoining property is required. Can we enter the adjoining allotment which is occupied by the adjoining owner to carry out protection works to allow proposed building work to commence?

No, this not permitted if the adjoining property is not vacant, unless the protection works relate to critical and essential infrastructure, or where critical repairs are required for emergency or safety.

Can builders attend prospective sites for the purposes of tendering forthcoming projects, where it cannot be done remotely?

No, this is not permitted.

Does the limit of five workers for small scale construction apply to base stage and finishing stage?

Work sites must make every effort to minimise the numbers of workers on site at any one time. It would be expected that there would not be more than five workers and a supervisor on site at any one time, unless it were absolutely necessary for that activity due to safety (example, a slab pour).

Is work carried out on one level of a building greater than three storeys considered small or large scale construction?

Any construction site that is “permitted to be (at completion) more than three storeys high (excluding basement)” is considered a large-scale construction site, regardless of how many storeys are being worked on at any one time.

What is the definition of ‘outside’ for the purposes of construction, building and maintenance work?

A work space is considered ‘outdoors’ if it is not fully enclosed. This means renovation work, such as a house extension, that occurs in a space without a roof or wall is considered to be outside. The ‘outdoor’ work space must be entirely separated from the occupied part of the house, so that workers and residents cannot access the same space (e.g., workers must not be able to enter the occupied areas of the house, even when residents are not present).

Workers must avoid contact with residents of the building and must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.

What is essential maintenance? Can essential maintenance continue in homes where residents are staying in?

• Maintenance work in homes or apartments where residents are staying can only continue where it is essential for the continued operation of:
• essential infrastructure and essential services that are required to maintain or protect human health, safety, and wellbeing (whether provided by a public or private undertaking), and including construction, maintenance, and repair of such infrastructure
• critical repairs to any premises where required for emergency or safety
• services to support ongoing provision and regulation of electricity, gas, water, sewage and waste and recycling services and their maintenance.  This includes services to ensure solar or battery supply at off-grid premises.
• Workers must avoid contact with residents of the building and must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.

When is an apartment considered ‘unoccupied’?

An apartment is regarded as unoccupied only when all apartments in that building are empty. If any apartments have residents, all apartments in the building are considered to be occupied.

Is a shed or granny flat considered ‘unoccupied’ if it does not have a tenant but shares a block with an occupied home?

Yes, an unoccupied structure, such as a granny flat or a shed, is considered unoccupied even if it is on a property with occupied houses, if you can enter it without entering the occupied part of the property.

Large Scale Construction FAQs

Can large-scale construction sites run two shifts at 25 per cent workforce each shift?

No. For large-scale construction sites, the total is 25 per cent of their baseline site workforce (or five workers, whichever is higher) on one day, regardless of shifts. If a builder wanted to manage the site with two equal non-overlapping shifts, each shift would be limited to 12.5 per cent of the average daily number of workers on site across the project lifecycle.

Can my renovation proceed?

No, tradespeople and builders cannot visit homes for renovations but can provide repairs, maintenance, home installations and other building works if able to perform the work solo (unless additional workers are required for safety reasons) and only outdoors.

If you have vacated the property and it is completely unoccupied, then renovations can proceed in line with restrictions on small scale construction.

If you’re still living at the property, then trades people and builders can only make emergency repairs indoors.

Workforce

Are concrete truck drivers included as workers in the daily worker limits?

No. Concrete drivers who are present onsite for a short period of time are considered delivery drivers and do not count towards the daily worker limits.

All roles that fall within the specialist contractor category must abide by the applicable restrictions.

Specialists and Contractors

I’m not on the specialist contractor list, how many sites can I visit a week?

Unless you are on the specialist contractor list or otherwise permitted (e.g. safety specialist, undertaking statutory functions or site supervisor for small-scale construction), you can only work at one site.

I am an apprentice; I cannot get to and from work without carpooling with someone. Am I allowed to get a lift with someone?

Where possible other arrangements, such as getting driven to and from work by another household member, are preferable to carpooling. Under the current restrictions, you are not permitted to share a vehicle with another person you do not ordinarily reside with, unless it is not otherwise reasonably practical to get to work.

The enclosed space of a car presents a heightened risk of transmission of COVID19. If traveling in a car with someone who is not part of your household, you should sit in the back seat in order to maintain physical distancing, and wear a face mask in the car.

Business Support

Support for Businesses in lockdown click here.

NB: This information is current at the time of writing, 24 August 2021, and can change without notice. We highly recommend you check Victoria’s Government website for further announcements and/or changes.

Got a Question?

For workplace advice/questions please contact the office at email:  membership@acfa.net.au

Please include your company name or member number with your inquiry.

Copyright ACFA 2021

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