NSW recorded zero new locally acquired cases of COVID-19 in the 24 hours to 8pm last night. There were five new cases in returning overseas travellers, bringing the total number of cases in NSW since the beginning of the pandemic to 5,086. More information here.

As NSW continues to be COVID-safe, a number of restrictions will be lifted from 12.01am on Monday, 29 March. Mask use, including on public transport, will move from “mandatory” to “strongly recommended”. There will be no caps on guest numbers at weddings and funerals, no restrictions on singing including in places of worship, no restrictions on dancing including at weddings and in pubs and nightclubs, no cap on visitors in the home (although if there are more than 100 people there must be a COVID-19 safety plan and electronic recording of visitor details), 200 people allowed for personal outdoor public gatherings, all venues to move to the one person per 2sqm rule (venues will be allowed at least 25 people before the 2sqm rule applies) and 100 per cent seated capacity at entertainment venues including stadiums and theatres. Read more here. 

Practitioners are reminded that the 2020-21 CPD year concludes 31 March 2021. CPD compliance is a statutory requirement, governed by the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015. Please review the Law Society’s CPD information to ensure that you can comply with the CPD requirements by 31 March 2021. In the special circumstances arising from COVID-19, the Law Society understands that solicitors may need to exceed the five-unit cap on private study of audio/visual material to complete their CPD units. Please read the detailed information provided on the Law Society website. If you anticipate still not being able to meet your CPD obligations and need to apply for an extension or exemption, please read more here.

ASIC will shortly adopt a temporary ‘no action’ position in relation to the convening and holding of virtual meetings, following on from the Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 (Determination No. 3), which expired on 21 March 2021. Determination No. 3 operated to facilitate the holding of meetings (including AGMs) by temporarily removing legal uncertainty around the validity of virtual meetings. In order to provide the market with a degree of certainty, ASIC’s ‘no action’ position will support the holding of meetings using appropriate technology, facilitate electronic dispatch of notices of meeting including supplementary notices; and allow public companies an additional two months to hold their AGMs. More information here.

As a result of the repeal of Determination No 3 on 21 March 2021, the position regarding virtual meeting and electronic executions has reverted to the law as it was before 5 May 2020. The statutory assumptions as to due execution under the Corporations Act 2001 will not be available for documents that are executed electronically by companies. There is a proposed extension of the temporary electronic execution provisions for corporations until 15 September 2021 (with some changes) under the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 (Cth). This Bill has passed the House of Representatives and was introduced to the Senate last Thursday 18 March but has not been passed yet. The Senate has adjourned debate on the Bill until 3 August 2021. Beyond this Bill, the Government has confirmed that it intends to introduce permanent changes to electronic execution before the 16 September 2021 extension period ends.

NSW Land Registry Services has announced the option to sign dealings and plans electronically has been extended to 31 December 2021, via an amendment to the Conveyancing Rules. Version 3 of the Conveyancing Rules – (COVID-19 Pandemic) Amendment was published on 18 March 2021, and will cease to apply on 31 December. These changes to the Conveyancing Rules temporarily allow paper land dealings, plans and Section 88B instruments to be signed electronically. These documents may also be witnessed electronically using an audio-visual link during the COVID-19 restrictions, under Division 1 Part 2B of the Electronic Transactions Act 2000. These temporary measures do not alter any existing requirements for execution and certification, verification of identity or establishing the right to deal. More details available here.

More Australians have become eligible for a COVID-19 vaccine, with phase 1B underway as of Monday, 22 March. Priority groups in this stage include: elderly adults aged 70 years and over, health care workers not vaccinated in Phase 1A, Aboriginal and Torres Strait Islander adults over 55, adults with a specified medical condition, adults with a severe disability who have a specified underlying medical condition, and critical and high risk workers including defence, police, fire, emergency services and meat processing. Appointment availability will increase as the number of clinics grow from 1,000 to more than 4,000 over the next four weeks. Read more here.

The JobKeeper Payment program will end on 28 March 2021. Those currently accessing the payments do not have to do anything when the program ends, however they will need to complete a final March monthly business declaration in April 2021.Currently, JobKeeper allows employers to pay full-time employees $1000 a fortnight and part-time employees (or those who work less than 80 hours in a 28-day period) $650 a fortnight. More details on the program’s end and next steps for employers here.

The COVID-19 Legislation Amendment (Stronger Communities and Health) Bill 2021 passed both houses of NSW Parliament last week and was formally assented yesterday, 24 March 2021. Details of the Bill are available here.

The NSW Bureau of Crime Statistics and Research [BOCSAR] today released a new study showing how COVID-related changes in 2020 have impacted young people in the criminal justice system. Their report examines the impact of the initial COVID-19 pandemic response on the interactions of young people with the NSW criminal justice system and the follow-on effects on the youth custody population. Among the key findings are: a fall in the remand population accounted for 60 per cent of the decrease in the total youth custody population. The reduction in the number in remand was due to an increase in young people being discharged to bail and a decrease in bail revocations following a breach. The report is available here.

After a successful pilot, Dine & Discover NSW will be rolled out progressively across NSW, with the first two stages underway. Dine & Discover NSW vouchers will be divided into two categories: two $25 vouchers to be used for eating in at restaurants, cafes, bars, pubs and clubs 7 days a week, excluding public holidays; and two $25 vouchers to be used for entertainment and recreation, including cultural institutions, live music, and arts venues, available 7 days a week, excluding public holidays. Businesses can register to participate in the program at any time and vouchers are valid until 30 June 2021. The vouchers can only be used at eligible businesses that have implemented a COVID Safety Plan and are registered as COVID Safe. Throughout each week, vouchers will become available in more Local Government Areas. More information here.