COVID-19 Regulatory Changes
Residential Aged Care
Last Updated: June 3, 2021
Stay Up-to-date
CompliSpace has put together the following matrix of legislative and regulatory changes, best practice resources, and advice from regulators and government departments to ensure that your organisation has the most up-to-date information regarding your obligations regarding the prevention and management of COVID-19 outbreaks.
COVID-19 advice and obligations are changing almost weekly at the moment, so it is not always possible for your organisation to have all its policies and procedures reflect new advice in a timely way. This resource will ensure that you are aware of changing advice and obligations as they happen, while we continue to work with you on maintaining and updating policies, procedures and practice.
Please ensure that you check this resource regularly (we suggest once a week). If you'd like to opt-in for an email that notifies you when this page is updated, please click the button below.
Importantly, this Page relates to COVID-19 legislative and regulatory updates only. It does not replace the quarterly Aged Care Law Monitor publication that encompasses legislative and regulatory updates in other subject areas.
If you'd like a print-friendly version of the updates, please click below.
COVID-19 updates that have expired (i.e. they are no longer in effect), or that are older than two weeks and do not have a significant impact on your business operations, have been archived. To view previous versions of the page, click here to see the archive section below.
The following legend is used to assist your organisation in prioritising its response to COVID-19 advice and obligations:
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Indicates a change/addition that is new to this Landing Page (removed after a change has been in place for 2 weeks) |
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Indicates that the associated CompliCare content has been updated to reflect the change/addition. |
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Requires action as soon as possible - The date of effect has already commenced or is about to commence; and- Non-compliance could be a breach of legal obligations; or - Non-compliance could be harmful to persons within your organisation |
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Requires action, but not immediately - The date of effect is not imminent - The recommendation is only a guideline/ not mandatory |
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No action is required due to the nature of the advice/guideline. Your organisation should still be aware of this requirement. |
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Requirement |
States/ Territories Affected |
Key Dates |
Affected CompliSpace Content |
Overview of Requirement |
Resources |
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Policy Updated
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COVID-19 Emergency Leave Provisions Extended |
National |
1 April 2020 - 30 June 2021 |
Financial Governance > Financial Governance Procedures |
Declaration of COVID-19 pandemic as an “emergency situation” – period extended. Emergency leave for COVID-19 was previously only available until 30 June 2020. CompliSpace policies have been updated to reflect the Emergency Leave Entitlements. However, providers need to ensure that any fees paid by a resident, from 1 April, to retain their place whilst taking social leave must be reimbursed. |
Department of Health Media Release - Leave extended for aged care residents during COVID-19 Coronavirus (COVID-19) – Information for permanent aged care residents – emergency leave
ACE Articles: Emergency Leave Entitlements for Aged Care Residents – Update New Emergency Leave Entitlements for Aged Care Residents: What This Means for Providers Coronavirus Visitor Control in Aged Care: Check Your Readiness |
This section contains the latest Aged Care restrictions, under each state/territory’s Public Health Order/Direction for Residential Aged Care Facilities.
Changes will affect the ‘Visiting Residential Aged Care Homes During COVID-19’ policy, contained in the CompliSpace Work Safe Policies Module.
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States/ Territories Affected |
Key Dates |
Overview of Changes |
Resources |
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Recently Updated
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NSW |
27 May 2021 |
NSW does not currently have a Public Health Order/Directive in place. Instead, providers must consider the advice of the Chief Health Officer.
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NSW Health Advice to residential aged care facilities |
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Recently Updated
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VIC |
Circuit breaker restrictions are in place from 11:59pm on Thursday 27 May until 11:59pm on Thursday 3 June 2021 have been extended for greater Melbourne, with some small changes, until 11.59pm Thursday 10 June.
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Victorian Government Visiting care facilities
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Recently Updated |
QLD |
26 May 2021 |
From 30 May 2021, visitors must be vaccinated against influenza unless an exception applies. |
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ACT |
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There are currently no public health orders relating specifically to Residential Aged Care Facilities. However, the Office of the Chief Health Officer has released public health advice (i.e. it is not legally mandated), recommending that persons should not visits RACF if they have been in a geographical area of risk in the previous 14 days. Note: quarantine requirements still apply to persons who have been overseas, or who are close contacts of a confirmed COVID-19 case, and as such, cannot visits a RACF. |
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WA |
23 February 2021 |
The Directions have been shortened to contain a succinct list of people that are precluded from entering a RACF. Note: refer to the ‘COVID-19 Residential Aged Care Facility (RACF) Influenza vaccination 2020 and 2021 (fluvax)’ information sheet for guidance on what is meant by an ‘up-to-date influenza vaccination’. Links to this information sheet and the linked WA Department of Health page. |
COVID-19 information for aged care and community care providers, WA Department of Health
Visitors to Residential Aged Care Facilities Directions (no 7) |
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Recently Updated |
SA |
24 April 2021 |
Persons who have travelled from “public exposure sites” are subject to restrictions on entering a RACF. |
Emergency Management (Residential Aged Care Facilities No 36) (COVID-19) Direction 2020 |
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NT |
23 November 2020 |
See the resources for details of the restrictions on visits to RACFs. |
COVID-19 Directions (No. 40) 2020 Directions for Aged Care Facilities |
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TAS |
1 March 2021 |
Key requirements: • Certain persons are precluded from RACFs, including those who have been in an area or premises identified as “medium or high-risk” for COVID-19 in the previous 14 days • RACFs must screen visitors prior to entry • Flu vaccinations are “strongly encouraged” for people who spend time in RACFs • RACFs have the discretion to decide their policy on the number and duration of visits permitted, per resident. |
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Requirement |
States/ Territories Affected |
Key Dates |
Affected CompliSpace Content |
Overview of Requirement |
Resources |
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Support for Aged Care Workers in COVID-19 |
National |
4 August 2020 – 30 June 2021 |
Corporate Governance > Financial Governance |
This grant is designed to assist with costs associated with the effects on staffing as a result of COVID-19 (e.g., single facility policy, training requirements etc.). |
Support for Aged Care Workers in COVID-19 GO4215
Funding support for single site arrangements is ending, Department of Health |
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Single site funding support for COVID-19 impacted areas |
VIC |
27 May 2021 – 10 June 2021 |
Corporate Governance > Financial Governance Human Resources |
The grant funding will be available for out of pocket costs incurred during an initial two week period, from 27 May 2021 to 10 June 2021. If the hotspot declaration is extended, these arrangements will also be extended. |
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Requirement |
States/Territories Affected |
Key Dates |
Affected CompliSpace Content |
Overview of Requirement |
Resources |
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Single-site working arrangements |
SA, QLD, VIC |
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Human Resources > |
The listed States have recommended single site working arranagements.
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QLD Aged Care Direction (No. 26) |
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Certain workers are exempt from registration and can engage in regulated activities for the period that the WWVP amendment regulation is operational |
ACT |
6 May 2020 – 6 May 2021 |
Human Resources > Recruitment and Selection Procedures |
The WWVP (Background Checking) Amendment Regulation exempts Australian Defence Force (ADF) personnel, and public employees of Commonwealth, state or territory entities, from registration under the Working with Vulnerable People scheme, while engaged in ‘regulated activities’ on behalf of the Territory for the purposes of supporting the COVID-19 emergency.
A person will be exempt from registration and can engage in regulated activities until the new section 4A inserted by the Regulation expires (12 months from commencement). |
Working with Vulnerable People (Background Checking) Amendment Regulation 2020 (ACT) |
Related Ace Articles
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Requirement |
States/Territories Affected |
Key Dates |
Affected CompliSpace Content |
Overview of Requirement |
Resources |
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Shortened interval between COVID-19 and Influenza Vaccine Administrations |
National |
Ongoing |
Infection Prevention and Control > Staff Vaccinations |
The Chief Medical Officer of the Commonwealth Department of Health has urged residents and staff at RACF to get vaccinated as soon as possible. |
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PPE Supply |
National |
Ongoing |
Infection Prevention and Control > PPE |
Providers must ensure they have a sufficient supply of PPE. They must first use their own supply before request extra supply. |
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