The first step in ‘easing’ of COVID-19 restrictions: what local government needs to know

The Emergency Management (Non-Essential Business and Other Activities No 5) (COVID-19) Direction 2020 (Activities Direction), which commenced operation at 12.01am today, represents the first step in South Australia’s ‘easing’ of COVID-19 restrictions. The Activities Direction can be viewed here.

In essence, the Activities Direction reduces the list of premises which must remain closed. However, various facilities which are now allowed to reopen under the Activities Direction must comply with certain special conditions, which are set out in the Activities Direction.

Given the dual roles of councils as both operator of public facilities and enforcer under the South Australian Public Health Act 2011, it is important that councils are clear as to what the actual legal requirements are as the process of easing (hopefully) continues.

Below, we list a number of facilities which are now allowed to re-open, which are of particular relevance to local government. We also list the special conditions which apply under the Activities Direction:

• Local Government non-essential facilities (including libraries) may reopen. However, the following special conditions apply:
  • The total number of persons attending must not exceed 10 people (disregarding workers and/or persons undertaking official duties, who may also be present);
  • Further, the ‘1 person per 4m² rule’ must never be contravened (and workers and/or persons undertaking official duties are included for the purpose of the 1 person per 4m² calculation);
  • No food or beverages may be provided at the venue for consumption at the venue (unless part of a religious ceremony, without shared utensils).
• Community, youth and recreation centres (such as community halls, clubs and RSLs) may reopen. However, the following special conditions apply:
  • The total number of persons attending must not exceed 10 people (disregarding workers and/or persons undertaking official duties, who may also be present);
  • Further, the ‘1 person per 4m² rule’ must never be contravened (and workers and/or persons undertaking official duties are included for the purpose of the 1 person per 4m² calculation);
  • No food or beverages may be provided at the venue for consumption at the venue (unless part of a religious ceremony, without shared utensils);
  • Essential voluntary or public services (such as a food bank or homeless service) may continue to be provided.
• Outdoor sporting and recreational facilities may reopen. However, the following special conditions apply:
  • The total number of persons participating in a particular activity at the venue must not exceed 10 people (disregarding workers and/or persons undertaking official duties, who may also be present);
  • No participant may be accompanied by more than one caregiver who is not participating;
  • Further, the ‘1 person per 4m² rule’ must never be contravened (and workers and/or persons undertaking official duties are included for the purpose of the 1 person per 4m² calculation);
  • The only permitted activities are non-contact skills training, and training where contact might accidentally occur (no deliberate body contact drills are permitted);
  • Shower and change facilities may not be used (toilet facilities may, however, be made available);
  • The total number of persons in clubrooms must not exceed 10 (disregarding workers and/or persons undertaking official duties, who may also be present);
  • Further, the ‘1 person per 4m² rule’ must never be contravened in clubrooms (and workers and/or persons undertaking official duties are included for the purpose of the 1 person per 4m² calculation);
  • No food or beverages may be provided at the venue for consumption at the venue.
• Public swimming pools (indoor and outdoor) may reopen. However, the following special conditions apply:
  • The total number of persons at a particular pool must not exceed 10 people (disregarding workers and/or persons undertaking official duties, who may also be present);
  • No swimmer may be accompanied by more than one caregiver who is not swimming;
  • If there are lanes in the pool, there may only be one person per lane;
  • Further, the ‘1 person per 4m² rule’ must never be contravened (and workers and/or persons undertaking official duties are included for the purpose of the 1 person per 4m² calculation);
  • Shower and change facilities may not be used (toilet facilities may, however, be made available).
• Outdoor dining may resume in an outdoor area at a restaurant of café, provided that the following special conditions are observed:
  • No alcoholic beverages may be served;
  • The total number of persons in the outdoor area must not exceed 10 people (disregarding workers and/or persons undertaking official duties, who may also be present);
  • Further, the ‘1 person per 4m² rule’ must never be contravened (and workers and/or persons undertaking official duties are included for the purpose of the 1 person per 4m² calculation);
  • Patrons in the outdoor area must be seated at tables.

The Activities Direction is entirely separate to the Emergency Management (Gatherings No 2) (COVID-19) Direction 2020 (Gatherings Direction). At the time of writing, the Gatherings Direction remains unchanged.

It is noteworthy that, in some cases, the Activities Direction effectively allows for more than 10 persons to be present in what one might consider to be a single ‘gathering’. For example, at an outdoor sporting event, there may be multiple groups of 10 people participating in particular activities at the same venue. An explanatory note in the Activities Direction indicates that this is allowable, provided that the ‘density requirement’ (i.e. the ‘1 person per 4m² rule’) is observed, and an ‘appropriate distance’ is maintained between groups. In our view, when the Activities Direction and the Gatherings Direction are read together, we consider it is clear that proper observance of the conditions in the Activities Direction should not be construed as being in conflict with the Gatherings Direction.

COVID-19 legal restrictions will continue to evolve, and Norman Waterhouse will continue to assist our local government clients to ensure that they—and their local businesses and organisations—are conducting their activities in a manner which is compliant with Emergency Management Act 2004. The Local Government Association of South Australia’s COVID-19 site has useful information to assist your Council during this major emergency, and you can call the COVID-19 hotline on (08) 8224 2099 with any specific queries.