COVID-19 Laws – New Health Orders and police powers for Apartment Buildings
On 6 September 2021, the Minister for Health and Medical Research introduced a new COVID-19 Health Order. The revised Order includes additional provisions to facilitate government lockdowns of specific apartments.
In short, the Order offers the Minister the power to declare a building as a “high COVID-19 risk premises”. This declaration can be made if at least one dwelling in the building is considered a COVID-19 risk premises and there is a risk of transmission of COVID-19 between the residents. The declarations will be made on the NSW Health website.
Unless the Minister revokes the declaration, a building will remain a high COVID-19 risk premises for 14 days. During this time residents must not leave their residence unless they are instructed to do so by an authorised medical practitioner or the police, or in the case of an emergency.
If a person is away from their residence when the premises is declared as a high COVID-19 risk premises, the person must return immediately after becoming aware of the declaration, unless they are instructed to go to a hospital.
A non-resident who is on the premises when it is declared as a high COVID-19 risk premises may be required to remain at the premises until medically cleared or may be instructed to go to a quarantine facility, hospital or other medical facility.
An affected person or a person involved in the management of high COVID-19 risk premises (yes, this would include strata managers and property agents) must, at the direction of the Commissioner of Police, provide information that assists in identifying affected persons etc.
An occupant must also respond to any request made by a police officer for information especially if a police officer knocks at the occupant’s door (and yes, the occupant is required to open the door).
And last but not least, an affected person may be required to be tested for COVID-19.
Takeaway
We assume all parties will exercise common sense and act with proper purpose in relation to all these new Covid laws, regulations and government Orders and directives (including the law enforcement and medical professionals). We understand what the government is trying to do. However, if you are concerned or are affected by these Covid laws, please let us know.
More Information
Please contact our Strata Team at Matthews Folbigg Lawyers on 9635 7966 if you would like advice or assistance.
