HHG Legal Group's legislation updates aim to provide information on new and upcoming legislation (and/or bills) as they pass, primarily focused on legislation arising as a counter-measure to COVID-19.
We saw a fair bit of action coming out of the WA Parliament on 11 August 2020 with the introduction of the COVID-19 Response and Economic Recovery Omnibus Bill 2020 to the Legislative Assembly. The Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Bill 2020 and Public Health Amendment (COVID-19 Response) Bill 2020 were also introduced.
COVID-19 Response and Economic Recovery Omnibus Bill 2020
The
COVID-19 Response and Economic Recovery Omnibus Bill
2020 'represents a flexible, responsive legislative
solution to numerous problems occasioned by the COVID-19 pandemic.
It is intended to deliver measures that will facilitate business
continuity in the COVID-19 environment, for both industry and
government, and to enable aspects of the economic recovery from the
current crisis' – with a proposed 79
current Acts receiving amendments.
The Bill aims to introduce certain provisions that:
- Apply to classes of problems common to various Acts or processes for a limited period of time – such as addressing processes incompatible with social distancing requirements;
- Modify, for a limited period of time, certain obligations or authorisations under Acts;
- Modify, for a limited period of time, certain Acts relating to mental health or the administration of justice. For example, proposed modifications to the Bail Act 1982 to temporarily expand section 43A to provide that sureties can be entered into over video-link where it is impracticable for the proposed surety to appear in person irrespective of their location (effective until 21 December 2021);
- Apply permanently relating to the administration of justice or environmental matters; and
- Create other permanent amendments to miscellaneous acts – such as amending the Interpretations Act 1984 to support the provisions in the Bill.
The Bill will also validate many actions taken by certain State Government agencies – actions which may not have always been in strict compliance with statutory requirements.
The Explanatory Memorandum can also be found HERE.
Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Bill 2020
The politically contentious
Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment
Bill 2020 was also introduced and as many will be aware
seeks to prevent a damages claim by Clive Palmer against the State
for losses associated with his Pilbara iron ore interests –
currently estimated to be in the area of $30 billion. The Bill
creates extraordinarily wide protection for the State against any
potential claims by Mineralogy or other associated parties
including Mr Palmer (see for example, the proposed indemnity clause
at section 14 and the definitions of disputed matter).
The Explanatory Memorandum can also be found
HERE.
Public Health Amendment (COVID-19 Response) Bill 2020
The
Public Health Amendment (COVID-19 Response) Bill 2020
was introduced to the Legislative Assembly. It seeks to amend the
Public Health Act 2016 (WA) to enable mandatory fees to be
imposed on persons arriving in Western Australia who are required
to quarantine at a hotel, and to recover reasonable costs and
expenses associated with the decontamination (cleaning and
disinfecting) of premises including vessels.
The Bill also narrows the circumstances in which compensation can
be claimed by the general public, makes various ancillary
amendments for streamlining management and review of periods of
quarantine, and enables authorised personnel to issue directions to
a group or class of persons. The Bill was read a third time and
transmitted to the Council.
The Explanatory Memorandum can also be found
HERE .
Workers' Compensation and Injury Management Amendment (COVID-19 Response) Bill 2020
Also covered in the 11th of August parliamentary
sitting was continued debate about the Workers'
Compensation and Injury Management Amendment (COVID-19 Response)
Bill 2020, introduced on 24 June 2020. The primary focus of
the Bill is to allow healthcare workers to have easier access to
workers' compensation entitlements if they contract COVID-19.
It was pointed out during the second reading that much of the
Bill's subject matter extends beyond COVID-19 and would apply
outside of the state of emergency.
The Bill seeks to address four issues – including providing
for regulations to be made that establish a presumption of
work-related injury for prescribed diseases contracted by workers
in prescribed employment. The Bill was read a second and third time
in the Assembly before being transmitted to the Council where it
was discussed briefly and then read a second time.
Environmental Protection Amendment Bill 2020 and Environmental Protection Amendment Bill (No 2) 2020 Bill
Extensive debates were also held in the Legislative Council about the state of the Environmental Protection Amendment Bill 2020 and Environmental Protection Amendment Bill (No 2) 2020 Bill – with the second reading debate ultimately adjourned. These bills have already been discussed in our previous update.
Parliament will be sitting again on 12 August 2020 and some of the above information may receive updates after that time.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.