Public Health and Wellbeing Amendment (Tiered Infringement Offences) Regulations 2021 (Vic)

Public Health and Wellbeing Amendment (Tiered Infringement Offences) Regulations 2021

S.R. No. 129/2021

TABLE OF PROVISIONS

Regulation Page

1Objective
2Authorising provision
3Item 80 of Schedule 8 revoked
4Schedule 8—Infringements

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Endnotes

STATUTORY RULES 2021

S.R. No. 129/2021

Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (Tiered Infringement Offences) Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 21 October 2021

Responsible Minister:

MARTIN FOLEY
Minister for Health

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective
The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2019 to prescribe further offences in respect of which an infringement notice may be issued for the purposes of section 209 of the Public Health and Wellbeing Act 2008 and to prescribe infringement penalties for those offences, having regard to the level of seriousness of the infringement offence.
2Authorising provision
These Regulations are made under section 232 of the Public Health and Wellbeing Act 2008.

3Item 80 of Schedule 8 revoked
Item 80 in Table 2 of Schedule 8 to the Public Health and Wellbeing Regulations 2019[1] is revoked.
4Schedule 8—Infringements
In Table 2 of Schedule 8 to the Public Health and Wellbeing Regulations 2019, at the end of the Table insert—

"81 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to display a sign advising of a requirement to wear a face covering
In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units

82 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to display density quotient signage
In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units

83 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a density quotient (however described) or the permitted number of persons (however described) for a space by exceeding the number of persons permitted in the space by up to 50 per cent
In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units

84 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a density quotient (however described) or the permitted number of persons (however described) for a space by exceeding the number of persons
In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

permitted in the space by between 50 per cent and 100 per cent

85 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a density quotient (however described) or the permitted number of persons (however described) for a space by exceeding the number of persons permitted in the space by between 100 per cent and 250 per cent
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

86 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a density quotient (however described) or the
In the case of a natural person, 30 penalty units

In the case of a body corporate, 150 penalty units

permitted number of persons (however described) for a space by exceeding the number of persons permitted in the space by more than 250 per cent

87 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to keep records showing compliance with cleaning protocols
In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units

88 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with cleaning requirements
In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units

89 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a crib room requirement in relation to construction sites
In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

90 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement on an employer to take reasonable steps to ensure a worker complies with face covering requirements when working at a work premises
In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

91 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse
In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

or other valid reason or excuse, with a requirement to display Victorian Government QR code system signage at work premises to enable members of the public to record attendance at those work premises

92 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to keep a record of persons who attend work premises
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

93 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to use Service Victoria as the approved record keeping system
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

94 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to request all members of the public record their attendance at work premises
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

95 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to have a COVID Marshal
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

96 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

reasonable excuse or other valid reason or excuse, with a requirement in relation to the role of COVID Marshal

97 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to have a COVIDSafe Plan in place
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

98 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to have a COVIDSafe Plan in place that meets all criteria for those plans
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

99 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a mandatory requirement of a COVIDSafe Plan
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

100 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement on an employer to arrange operations at work premises so as to have workers consistently working with the same group of workers, if reasonably practicable
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

101 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to
In the case of a natural person, 30 penalty units

In the case of a body corporate, 150 penalty units

comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to the operation of an authorised work premises

102 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to permitting persons to attend a closed work premises
In the case of a natural person, 30 penalty units

In the case of a body corporate, 150 penalty units

103 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to not permitting a worker who lives
In the case of a natural person, 30 penalty units

In the case of a body corporate, 150 penalty units

in the Restricted Area-Metropolitan Melbourne to work at work premises in Regional Victoria or any Restricted Area‑Regional Victoria

104 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to not permitting a worker who lives in Regional Victoria to work at work premises in the Restricted Area-Metropolitan Melbourne or any Restricted Area‑Regional Victoria
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

105 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement
In the case of a natural person, 24 penalty units

In the case of a body corporate, 120 penalty units

in relation to not permitting a worker who lives in a Restricted Area-Regional Victoria to work at work premises in the Restricted Area-Metropolitan Melbourne or in Regional Victoria

106 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to holding an exempt public event
In the case of a natural person, 30 penalty units

In the case of a body corporate, 150 penalty units

107 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement on an employer in relation to collecting, recording and maintaining
In the case of a natural person, 30 penalty units

In the case of a body corporate, 150 penalty units

vaccination information of workers where vaccination is mandatory

108 An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement on an employer to take reasonable steps to prevent the entry to work premises of any unvaccinated worker where vaccination is mandatory
In the case of a natural person, 30 penalty units

In the case of a body corporate, 150 penalty units".

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Endnotes

[1] Reg. 3: S.R. No. 135/2019 as amended by S.R. Nos 4/2020, 5/2020, 20/2020, 76/2020, 79/2020, 86/2020, 93/2020, 99/2020, 1/2021, 15/2021 and 43/2021.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

"81	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to display a sign advising of a requirement to wear a face covering	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
82	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to display density quotient signage	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
83	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a density quotient (however described) or the permitted number of persons (however described) for a space by exceeding the number of persons permitted in the space by up to 50 per cent	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
84	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a density quotient (however described) or the permitted number of persons (however described) for a space by exceeding the number of persons	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
permitted in the space by between 50 per cent and 100 per cent
85	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a density quotient (however described) or the permitted number of persons (however described) for a space by exceeding the number of persons permitted in the space by between 100 per cent and 250 per cent	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
86	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a density quotient (however described) or the	In the case of a natural person, 30 penalty units In the case of a body corporate, 150 penalty units
permitted number of persons (however described) for a space by exceeding the number of persons permitted in the space by more than 250 per cent
87	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to keep records showing compliance with cleaning protocols	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
88	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with cleaning requirements	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
89	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a crib room requirement in relation to construction sites	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
90	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement on an employer to take reasonable steps to ensure a worker complies with face covering requirements when working at a work premises	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
91	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
or other valid reason or excuse, with a requirement to display Victorian Government QR code system signage at work premises to enable members of the public to record attendance at those work premises
92	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to keep a record of persons who attend work premises	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
93	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to use Service Victoria as the approved record keeping system	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
94	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to request all members of the public record their attendance at work premises	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
95	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to have a COVID Marshal	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
96	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
reasonable excuse or other valid reason or excuse, with a requirement in relation to the role of COVID Marshal
97	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to have a COVIDSafe Plan in place	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
98	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement to have a COVIDSafe Plan in place that meets all criteria for those plans	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
99	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a mandatory requirement of a COVIDSafe Plan	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
100	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement on an employer to arrange operations at work premises so as to have workers consistently working with the same group of workers, if reasonably practicable	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
101	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to	In the case of a natural person, 30 penalty units In the case of a body corporate, 150 penalty units
comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to the operation of an authorised work premises
102	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to permitting persons to attend a closed work premises	In the case of a natural person, 30 penalty units In the case of a body corporate, 150 penalty units
103	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to not permitting a worker who lives	In the case of a natural person, 30 penalty units In the case of a body corporate, 150 penalty units
in the Restricted Area-Metropolitan Melbourne to work at work premises in Regional Victoria or any Restricted Area‑Regional Victoria
104	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to not permitting a worker who lives in Regional Victoria to work at work premises in the Restricted Area-Metropolitan Melbourne or any Restricted Area‑Regional Victoria	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
105	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement	In the case of a natural person, 24 penalty units In the case of a body corporate, 120 penalty units
in relation to not permitting a worker who lives in a Restricted Area-Regional Victoria to work at work premises in the Restricted Area-Metropolitan Melbourne or in Regional Victoria
106	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement in relation to holding an exempt public event	In the case of a natural person, 30 penalty units In the case of a body corporate, 150 penalty units
107	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement on an employer in relation to collecting, recording and maintaining	In the case of a natural person, 30 penalty units In the case of a body corporate, 150 penalty units
vaccination information of workers where vaccination is mandatory
108	An offence against section 203(1) of the Act constituted by a contravention of a direction given under section 200(1) of the Act by refusing or failing to comply, without a reasonable excuse or other valid reason or excuse, with a requirement on an employer to take reasonable steps to prevent the entry to work premises of any unvaccinated worker where vaccination is mandatory	In the case of a natural person, 30 penalty units In the case of a body corporate, 150 penalty units".