We have sought to put together the key compliance elements for schools operating under Stage 4 ‘work from home’ restrictions in metropolitan Melbourne. We will briefly cover the following:
Detailed information on specific measures for schools in relation to temperature checks, face masks, physical distancing and cleaning are available on the Department of Education and Training website Coronavirus (COVID-19) Advice for Schools page.
While working from home and remote learning are the default position, some school functions and workers carrying out specific functions are allowed to continue, provided the school has a COVID Safe Plan in place.
Most school on site activities are closed, with remote learning taking place for all students, except as set out below.
Onsite supervision for P-10 students in the following categories:
Early Childhood Education and Care (including Sessional Kindergarten, Long Day Care, Outside School Hours Care, Family Day Care):
Specialist schools:
Onsite attendance is also permitted for essential cleaning, maintenance and business operations functions:
Sources:
Victorian Department of Health and Health Services – Stage 4 Restrictions
Business Victoria Education and Training Sector Guidance
From 11:59pm on Wednesday 5 August, employers that require their staff to attend a work site must issue a worker permit to their employees. On the spot fines and penalties apply to employers and employees for breaches. An employee may travel to work without a worker permit once to get their first permit.
Employers can issue a worker permit to their employee if:
Each employee required to be onsite must receive an individual worker permit, signed (this may be an electronic signature) by a suitable person authorised by the school to issue the permit and signed by the employee.
These worker permits must be carried by the worker as well as photo identification when travelling to and from work. This may be shown electronically such as a photo or scanned copy on a mobile device.
An adult can take an essential worker to and from their place of work without a worker permit, if the worker is their dependant and unable to transport themselves.
The Permitted Worker Permit template and further information are available at the DHHS website.
Note: Penalties of up to $19,826 (for individuals) and $99,132 (for businesses) will apply to employers who issue worker permits to employees who do not meet the requirements of the worker permit scheme or who otherwise breach the scheme requirements.
Schools must have a COVID Safe Plan if there will be any employees/workers on site. This must be implemented by midnight Friday 7 August and should then be communicated to staff. There are no requirements for this to be registered with any government agencies, but it must be in place.
Business Victoria website has COVID Safe Plan guidance and a template COVID Safe Plan which is long but fairly straightforward to tailor to your school.
The COVID Safe Plan must set out, at a minimum:
Note that this must be implemented by midnight Friday, so that means that, for example, if your school has not done so already, appropriate PPE and hand sanitisers must be available, social distancing markers and signs are in place, appropriate additional cleaning supplies and procedures are in place.
Information on the DET website on measures to address COVID-19 will assist a school to complete their COVID Safe Plan.
Schools (employers) must notify WorkSafe immediately after becoming aware that:
An employer will be considered to be 'aware' of the incident when they have been notified of the confirmed diagnosis by either the employee, independent contractor, employee of the independent contractor, or by the Department of Health and Human Services (DHHS).
Working from home: notification is not required when a person's workplace is their home, and that person has not attended any other workplace over which their employer has management or control of, within the relevant infection period.
The infectious period under these regulations, is the period of time between:
Notification is by completing a COVID-19 Reporting form available at the WorkSafe website or calling WorkSafe on 13 23 60.
If an employee is not receiving any income or income support payments, they may be eligible for the following:
Pandemic Leave Disaster Payment (Federal Government via Services Australia)
This payment is available more than once if the self-isolation criteria are met.
Where the Victorian Department of Health and Human Services has required the person to self-isolate or quarantine because:
This is only available if the person has no income from paid work, including sick leave entitlements, and is not receiving any existing payments such as Jobkeeper, paid parental leave, income support payment or ABSTUDY living allowance, or the Victorian Coronavirus Worker Support Payment.
Further information available at the Services Australia /Centrelink website.
Corona Virus Worker Support Payment (Victorian Government)
This is a one-off $1500 Coronavirus (COVID-19) Worker Support payment where the person has been instructed by the Department of Health and Human Services:
In addition, to receive the payment the person:
Further information is available at the DHHS website.
Coronavirus (COVID-19) Test Isolation Payment
An employee who is unable to work while waiting for COVID test results may be eligible for a $300 Coronavirus Test Isolation Payment provided that they would have been likely to work but unable to work due to:
The person must not be receiving an income and has exhausted entitlements to sick/carer’s leave, or special pandemic leave.
Infectious Diseases Leave (some Enterprise Agreements)
Some schools are party to Enterprise Agreements, such as the Victorian Catholic Education Multi-Enterprise Agreement 2018 which provide for infectious diseases leave which entitles the employee to paid leave for a period significantly beyond normal sick leave entitlements. Depending on the wording of the clause this may be available for an employee who has contracted COVID-19 through contact in the workplace.
We offer our sincere best wishes to all schools and school communities in Victoria, and in Melbourne in particular, during these especially challenging times. Please let us know if we can assist you.