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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-09-09 Daily Xml
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Bills

COVID-19 Emergency Response (Expiry and Rent) Amendment Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. J.M.A. LENSINK (Minister for Human Services) (17:52): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr President, on behalf of the Marshall Liberal Government, I am pleased to introduce the COVID-19 Emergency Response (Expiry and Rent) Amendment Bill 2020.

As the COVID-19 public health emergency unfolded, it quickly became clear that many everyday practices needed to be adapted so we could continue doing business while maintaining physical distancing and reduced movement.

Measures to reduce the spread of COVID-19, such as conducting more of our business online, are fundamental to our ongoing response and keeping the community safe. We must also manage the effects on our economy and, wherever reasonable, we should remove the barriers to commercial activities and processes citizens need to engage in and help South Australians who have suffered loss of income at this time.

The Declaration of Major Emergency, in place since 22 March this year, provides the authorising context for the important physical distancing and public health measures issued by the State Coordinator through Directions.

I must thank all South Australians for their ongoing co-operation with these Directions which have helped keep South Australia safe and strong.

Given the course of COVID-19 in Australia so far, including the recent resurgence interstate, we need to be prepared and able to continue managing the health, social and economic risks and impacts of the pandemic in South Australia for some time.

Mr President, a crucial part of this preparedness is the extension of the CO VID-19 Emergency Response Act 2020.

The COVID Act amends other South Australian legislation to temporarily adjust some legislative requirements that are difficult to satisfy during a pandemic.

The Act came into effect in April this year and will expire in October, noting that section 7 relating to commercial leasing provisions expires on 30 September 2020.

This Bill proposes to extend the operation of the Act to 28 days after the day on which all relevant declarations relating to the outbreak of COVID-19 within South Australia have ceased or 31 March 2021, whichever is the earlier. This 28 day transition period will allow Ministers and agencies to make necessary arrangements.

Extending the COVID Act is crucial to continuing our business while maintaining physical distancing. It contains provisions that are necessary for the ongoing management of the risk of COVID-19 in South Australia. Those provisions that are no longer necessary for the purposes of the COVID-19 pandemic have already been expired by me under section 6(1) of the COVID Act.

Mr President, I will now deal with each of the provisions of the Act that are to be extended:

Section 7 is the head power for the COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020 that contain principles for providing rent relief to tenants suffering financial hardship and encourage landlords and tenants to negotiate agreements relating to rent relief. The regulations are South Australia's response to the Mandatory Code of Conduct—SME Commercial Leasing Principles During COVID-19 published by National Cabinet on 7 April 2020. The operation of section 7 is to be extended to 28 March 2021 to align with the Commonwealth JobKeeper scheme, which has been extended over two periods, from 28 September to 3 January 2021 and 4 January 2021 to 28 March 2021.

Members of Parliament have been provided with a copy of the draft COVID-19 Emergency Response (Commercial Leases No 2) (Prescribed Period) Variation Regulations 2020 which will be made upon this Bill passing through Parliament. It is intended that the variation regulations will commence on 1 October 2020 and expire on 3 January 2021, which aligns with the next period of JobKeeper.

The variation regulations will continue the protections for affected lessees and will enable lessees who are suffering financial hardship as a result of the COVID-19 pandemic on 1 October to renegotiate certain agreements made under the previous regulations or negotiate new agreements or seek court determinations as necessary.

Moving now to other provisions in the COVID Act that will be extended:

Sections 8 and 9 that deal with residential tenancies, residential parks and rooming house agreements will be extended. These provisions, inter alia, provide a temporary moratorium on eviction for non-payment of rent applied across tenancies impacted by severe rental distress due to the COVID-19 pandemic.

Clause 5 of the Bill also amends these provisions to provide that there can be no rental increase if the tenant is suffering financial hardship as a result of the COVID-19 pandemic. There was previously a general prohibition on any rental increase.

The following other provisions will also be extended:

Section 10 which contains protections for residents of supported residential facilities;

Section 10A which allows certain community visitors to visit by audio-visual or other electronic means;

Section 14 which allows the Governor, by regulation, to extend any time limit or term of appointment by up to 6 months;

Section 16 which allows the Governor, by regulation, to suspend or modify requirements relating to the preparation, signing, witnessing and other treatment of documents;

Section 17 which allows meetings to take place by audio-visual or other means;

Section 18, 19 and 21 which provide for service of documents, regulations and transitional provisions;

Section 22 which deals with Crown immunity from civil or criminal liability; and

Schedule 1 which contains special provisions relating to the detention of certain protected persons during the COVID-19 pandemic.

Schedule 2 of the COVID Act, which modifies the operation of a number of Acts, will also be extended.

The Aboriginal Lands Parliamentary Standing Committee Act 2003 and the Parliamentary Committees Act 1991 is amended to allow Standing Committees to meet via audio-visual or audio means.

The Bail Act 1985 is amended to reverse the presumption of bail for certain offences related to the COVID-19 pandemic.

The Criminal Law Consolidation Act 1935 is amended to expand the offences against prescribed emergency workers to include people working in pharmacies and providing pharmacy services.

The Development Act 1993 and the Planning, Development and Infrastructure Act 2016 are amended by reducing to 15 business days the time for councils to respond to applications for Crown development and in the case of the Development Act 1993, Crown development and public infrastructure. The Act also amends the Development Act to increase the threshold from $4 million to $10 million for referral of Crown development and public infrastructure to public consultation.

The Emergency Management Act 2004 is amended to clarify the scope of directions given under s 25 and provides that expiations can be issued for failing to comply with these directions. The power to remove children to ensure compliance with any direction is clarified and compliance with a direction is required despite any obligation to maintain secrecy or other restriction on disclosure.

The Emergency Management Act 2004 is also amended to allow for directions in relation to the transmission or distribution of electricity when an electricity supply emergency has been declared. It also clarifies the directions that can be given to market participants.

The Environment Protection Act 1993 is amended to allow container deposit refunds to be refunded electronically.

The Health Practitioner Regulation National Law (South Australia) Act 2010 is amended to allow pharmacists to attend by the internet or other electronic communication in certain circumstances.

The Governor is empowered to make regulations to modify the National Electricity Law to protect the reliability and security of the South Australian power system.

The Public Works Committee processes under the Parliamentary Committees Act 1991 are modified.

The Public Finance and Audit Act 2016 is amended to increase from 3 per cent to 10 per cent the maximum amount that may be appropriated under the Consolidated Account.

The South Australian Public Health Act 2011 is amended to clarify how an order made by the Chief Public Health Officer is to be given effect, to provide how orders requiring detention are made and enforced and to allow the Chief Public Health Officer to authorise the disclosure of personal information.

By extending the operation of the COVID Act, the regulations that have been made under it will also be extended.

There is also a new provision to be inserted into the COVID Act to amend section 3 to provide that a relevant declaration includes a direction under Part 4 Division 3 of the Emergency Management Act 2004 as well as a direction under section 87 of the South Australian Public Health Act 2011. This ensures that the provisions of the COVID Act transition seamlessly from an emergency under the Emergency Management Act to a public health emergency, should that be needed.

Mr President, the Marshall Liberal Government's emergency response to date has kept South Australia safe and strong. I commend the Bill to Members and I seek leave to insert a copy of the Explanation of Clauses.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal. The measure will commence on assent.

Part 2—Amendment of COVID-19 Emergency Response Act 2020

3—Amendment of section 3—Interpretation

This clause includes public health emergency declarations in the definition of 'relevant declaration' for the purposes of section 6.

4—Amendment of section 6—Expiry of Act

This clause extends the expiry provision in the Act to provide for expiry of most of the provisions of the Act either 28 days after the cessation of all relevant declarations relating to COVID-19 or on 28 March 2021, whichever occurs first. The expiry of section 7 is separately extended to a fixed date of 28 March 2021.

5—Amendment of section 8—Provisions applying to residential tenancies

This clause amends section 8 so that the provision barring rent increases for residential tenancies will only apply if the tenant is suffering financial hardship as a result of the COVID-19 pandemic.

Debate adjourned on motion of Hon. I.K. Hunter.

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