The introduction of stage 4 restrictions in Victoria under the Stay at Home Directions (Restricted Areas) (no 8) issued by the Public Health Commander under s200 of the Public Health and Wellbeing Act 2008 (Vic) has seen significant and sweeping changes.
From 11.59 p.m. Wednesday, 5 August 2020, workplaces must be closed unless they are part of a permitted activity. We consider how these changes may affect your buildings in the stage 4 restriction zones from 2 August to 13 September 2020.
Maintenance
Landscaping Victoria advises that domestic gardening services, including body corporate work carried out under a fixed contract, are non-essential and cannot be provided after 11.59 p.m. on 5 August 2020.
Emergency or urgent works are exempt. The guidelines do not define an emergency or health and safety issue but would probably include interrupted essential services, structural defects and urgent plumbing repairs.
Developments that include public retail spaces containing permitted businesses (shopping centres, educational facilities, and medical suites) can continue with essential commercial maintenance for the safety and upkeep of those spaces.
Cleaning
The Permitted Work Premises, for the purposes of the Restricted Activity Direction (Restricted Areas) (No 6), effective 5 August 2020 v 1.0, identifies cleaning as permitted work where required to maintain the health and safety of Victorians at home or work. Common areas and facilities should be cleaned twice daily, including lift buttons, common door handles, handrails, switches, taps, tables and chairs, and kitchens.
Current Construction
From 11.59pm on Friday, 7 August 2020, large-scale (more than 3 storeys excluding the basement) construction sites must reduce workers to 25% of the normal workforce. Small-scale (3 storeys or less excluding the basement) sites cannot have more than 5 workers. This may mean work takes longer than expected. Critical repairs to premises are allowed where required for emergency or safety and do not appear subject to the above restrictions. Flammable cladding repairs may fall into this category.
Retail Spaces
For buildings with retail spaces, please refer to the Permitted Works Premises or contact us for details specific to your premises. Generally, pubs, bars, personal care services and film processing centres are to close. Early childhood centres (for permitted workers and vulnerable children), news agencies, food outlets, convenience stores, locksmiths, laundries and dry cleaners can remain open.
Common Facilities
Non-essential facilities such as swimming pools, gyms, saunas, BBQ areas, and playgrounds must remain closed. If an area cannot be locked, tape or signage should restrict access.
The following essential facilities can remain open: entry, lifts, stairs, pathways, bathrooms (where guests do not have their own), toilets, laundry, communal kitchens, letter boxes, waste disposal, car parking and storage. Where possible, communal areas should apply the ‘four-square’ meter rule, although this is not a legal requirement. Signage is available at https://www.dhhs.vic.gov.au/promotional-material-coronavirus-covid-19
https://www.dhhs.vic.gov.au/translated-resources-coronavirus-disease-covid-19 (translated).
Deliveries and Uber Eats
Deliveries of groceries, food, and packaging should be collected from the ground floor entry where possible and appropriate. Buildings can also request that non-residents sign in if they will be on the premises for more than 15 minutes. The non-resident must consent to provide this information, and records can be destroyed after 28 days.
Short Stay Accommodation
Short-stay accommodation cannot operate during stage 4.
New Tenants
If at the start of the restricted period, a person has scheduled to settle on or lease a new residential property, that dealing can continue during stage 4.
What should you do if there is an outbreak?
If a building has a reported case of COVID-19, you should immediately contact your local health state office or the Victorian Coronavirus Hotline on 1800 675 398. You may need to arrange for a deep cleaning of the building and common areas by a registered cleaning company with protective personal equipment.
Penalties
Police are conducting spot checks at strata buildings. There are severe penalties for breaches of the rules, including on-the-spot fines of up to $1,652.00 for individuals and $9,913.00 for businesses who breach the scheme requirements.
Takeaways
You may have already established a property plan for your building(s), which can be reviewed in light of further restrictions. Clarifications regarding the new rules is still being delivered by the government, Chief Medical Officer and relevant state departments. This circular is our best interpretation of the rules on the current information and is subject to change.
If you would like further advice on body corporate management matters, James and Fabienne can be contacted by email at JCollier@moray.com.au and FLoncar@moray.com.au or by telephone +61 3 9600 0877 Moray & Agnew
