COVID-19 Update

9 July

 
District Court

His Hon. Justice Derek Price AO, Chief Judge of the District Court of NSW, is encouraging lawyers appearing for either the prosecution or defence to complete the Court's Case Management Forms for Readiness Hearings that are listed in the District Court at Sydney. Where the forms are appropriately completed, orders will be made in chambers rather than requiring the parties to appear remotely or in person. The intention is to reduce the time and costs involved in Readiness Hearings. Read the Court's Guidance for legal practitioners appearing at such Readiness Hearings here.

Administrative Appeals Tribunal

The AAT is taking steps to resume some in-person hearings at all AAT registries (except Melbourne). The AAT has minimised the impact on its services through the provision of online registry support and remote hearings, where possible. The AAT will consider the listing of in-person hearings on a case-by-case basis in accordance with practice directions. In appropriate matters, in-person hearings are expected to commence within the next few weeks. Parties will be contacted regarding hearing arrangements. Most AAT hearings and all conferences will continue to be conducted remotely by video or telephone. The AAT is taking a staged approach to recommencing in-person hearings to ensure health and wellbeing remain a priority. More information is available here.

NSW-Victoria border closures

NSW has had 13 new cases of coronavirus in the past 24 hours; 11 of which are returning travellers. Strict penalties are in place for anyone who breaches the new rules on the temporary NSW and Victorian border closures. Only persons authorised under the public health order may enter NSW. Any NSW residents returning from Victoria must self-isolate for 14 days. Provisions are in place for residents of border towns such as Albury-Wodonga. More here.

Public Health (COVID-19 Border Control) Order 2020 (NSW)

The object of this Order is to restrict entry into NSW of persons who have been in Victoria within the previous 14 days before entry. Section 10 of the Public Health Act 2010 creates an offence if an individual fails to comply with a direction with a maximum penalty of imprisonment for six months or a fine of up to $11,000 (or both) plus a further $5,500 fine each day the offence continues. Corporations that fail to comply with a direction are liable to a fine of $55,000 and $27,500 each day the offence continues. The Public Health Regulation 2012 also enables authorised officers to issue penalty notices for offences against clause 6 by individuals for an amount of $4,000 and $1,000 in other cases.

Family Court of Australia and Federal Circuit Court

With NSW-Victoria border closures in place, it’s expected that parties should cooperate and ensure the best interests of the child are addressed by complying with court orders. If strict adherence to parenting orders is not possible, it is imperative that any revised arrangements reflect the spirit of the orders. The Courts have previously issued information in relation to parenting issues that may be of assistance including:

Quarantine limits for overseas arrivals in NSW

Overseas quarantine arrivals to Sydney will be capped at 450 passengers each day under new limits by the Australian Government. More here.

COVID-safe businesses

NSW businesses must follow COVID-safe measures and public health orders or risk a penalty of up to $55,000. There are 10,500 registered COVID Safe businesses across NSW but Government would like to see this number increase. To download a safety plan, visit COVID Safe businesses.

Half price off-peak travel

Commuters who travel on Sydney bus, train, metro and light rail services during the off-peak will receive a 50 per cent discount. The discount will remain for three months after which time a permanent 30 per cent discount for off-peak travel will apply on bus and light rail. More here.

Retail and commercial leasing alert

The Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2020 commenced on 3 July 2020 and makes significant clarifications and further requirements in relation to the original Regulation.  

Increased connectivity for regional communities

The NSW Government will deliver 21 new mobile phone towers in partnership with Optus and Telstra and a faster and more reliable wireless broadband internet service to regional communities to be delivered by rural communications carrier Yless4U. Read more details on the areas to benefit here.

SOS for solicitors

NSW solicitors will have access to up to three sessions with a qualified psychologist each year, at no cost to them, as part of a new suite of tailored mental health and wellbeing support services. The Law Society's new Solicitor Outreach Service (SOS) is part of ongoing efforts to support the mental health and wellbeing of the state's 35,000 solicitors during the COVID-19 pandemic and beyond. Ph 1800 592 296 to access SOS. More details here.