WALGA

Lockdown Directions Issued

Directions giving effect to the lockdown have been issued by the State Emergency Coordinator and Commissioner of Police.

While the directions should be read in their entirety, it is worth noting that significant detail has been included in clauses 30 and 31 of the Stay at Home and Closure Directions. These clauses are in relation to essential providers and workers that are of particular relevance to Local Governments.

Importantly, Local Government CEOs have the discretion to determine which services and workers are essential; this would extend to outdoor parks and gardens and maintenance staff. It should be noted that there is a clear expectation that building and construction services (including roads) continue with the caveat that masks are mandatory for all workers.

30. Essential provider means a provider of essential goods or services, including goods or services provided by:
a)      a supermarket, grocery store, bakery, butcher, fruit and vegetable store or fishmonger; or
b)      an indoor or outdoor market, but only to obtain groceries or fresh food and not to obtain food or beverages prepared on site (whether for consumption on site or take away); or
c)       a restaurant or cafe (including premises selling food or drink in a food court), but only to the extent that:
(i) it provides takeaway meals or drinks or a meal delivery service; or
(ii)      it provides food or drink to the homeless (and for the avoidance of doubt, the provision of food or drink to the homeless is not limited to the provision of takeaway meals or drinks or a meal delivery service).
d)      premises commonly known as a bottleshop; or
e)      a financial institution; or
f)       consular and diplomatic services; or
g)      court, tribunal or commission services;
h)      a post office; or
i)       a newsagent; or
j)       a pharmacy; or
k)      a hardware store; or
l) a petrol station (including a petrol station that sells groceries); or
m)    vehicle and mechanical repair services; or
n)     a pet store or veterinary clinic; or
o)     urgent services necessary for the health and safety of any person, animal or premises; or
p)     a childcare or family day care provider, but only to the extent that childcare services are provided to a child of an essential worker.

31. Essential worker means a person who performs work that is essential for the continued operation of:
a)      an essential provider; or
b)      essential health services; or
a)      funerary or mortuary services or related activities; or
d)      emergency services, including:
a.       the State Emergency Services; and
b.       fire fighting services; and
c.       paramedical services; and
d.       ambulance services; and
e.       medical retrieval services (including Royal Flying Doctor Service); and
f.        police services; and
g.       military and defence services deployed for activities in Western Australia; or
e)     essential infrastructure and essential services without which the safety, health or welfare of the community or a section of the community would be endangered or seriously prejudiced (whether provided by a public or private undertaking);
f)      a person who is critical to, and involved in, the State's response to COVID-19;
g)     roadside assistance services;
h)     government or local government services (whether provided by government, local government or outsourced) determined to be essential by the relevant Chief Executive Officer;
i)   domestic and commercial waste and resource recovery services (including collection, treatment and disposal services and transfer stations);
j)      Commonwealth agency services, including Australian Border Force and Commonwealth law enforcement and intelligence agency services;
k)      journalist and media services;
l)       a factory or facility that is not able to be shut down without causing damage or loss to plant and equipment, but only those operations that are necessary in order to prevent that damage or loss;
m)    mining, building or construction services, which includes, for the avoidance of doubt, road construction services;
n)      a FIFO worker;
o)      administrative services provided by an employer to enable its employees to work from home;
Example: Payroll and IT services.
p)      organisations that provide urgent services necessary for the health and safety of any person, animal or premises;
Example: the performance of emergency plumbing services, Centrelink services and foodbanks.
q)      public transport, including taxis, rideshare services and other public passenger services;
r)       air transport (including the operation of airports);
s)      port operations;
t)       a transport, freight or logistics driver;
u)      a blood bank;
v)      care services for people with particular needs because of homelessness, age, infirmity, disability, illness or a chronic health condition (in accordance with the Visitors to Residential Aged Care Facilities Directions (No 4) made under the Public Health Act 2016 (WA) (if applicable), as amended or replaced from time to time);
w)    truckstops and roadhouses, but not the provision of seated dining or shower facilities to persons who are not transport, freight or logistics drivers;
x)     production and distribution of:
(i)     food and groceries for sale by a supermarket, butcher, fruit and vegetable store or fishmonger (including for sale by operators of such premises at an indoor or outdoor market); or
(ii)    liquor for sale at premises commonly known as a bottleshop; or
(iii)   medical and pharmaceutical products;
y)     commercial operations that supply goods or services necessary for the implementation of measures to limit the spread of COVID-19; or
Example: manufacturing of personal protective equipment or hand sanitiser, or dry cleaning services.
z)     primary industries only to the extent necessary to ensure adequate supply of food to, and care of, animals and maintenance of crops.