FIFO Workers returning to SA from VIC must now self-quarantine for 14 days
Posted on July 09, 2020
The recent spike in COVID-19 cases in Victoria has prompted South Australia to close its borders to anyone who wishes to enter from Victoria in order to limit the spread of COVID-19. There are still certain exemptions for essential travellers and for South Australian residents, though these have been somewhat tightened.
The Emergency Management (Cross Border Travel No 8) (COVID-19) Direction 2020 came into operation at 12.01 am on 9 July 2020 (Direction). The Direction has the effect of imposing additional restrictions on remote or isolated workers returning specifically from Victoria - generally referred to as fly-in fly-out workers.
Remote or isolated workers are defined in clause 5 of schedule 2 to the Direction to be:
- Persons who travel for work purposes to locations in Victoria that are remote or geographically isolated for regular periods according to established work schedules.
and - Persons who travel for work purposes to locations in Victoria that are remote or geographically isolated where-
- Their employer is applying risk mitigation strategies during periods of work, and
- The person is a specialist required for industry or business continuity and maintenance of competitive operations, or maintenance or repair of critical infrastructure in the mining, oil, gas and energy sectors.
FIFO workers
FIFO workers are deemed to be “essential travellers” and are subject to different restrictions to ordinary travellers including as to quarantine. Generally speaking, immediately prior to 9 July 2020, FIFO workers were permitted to return to SA from any state or territory including Victoria, without having to self-quarantine for 14 days. On and from 9 July 2020, that situation has changed with respect to FIFO workers in remote Victoria.
FIFO workers returning to SA from Victoria must now self-quarantine for 14 days upon their return. The note to clause 5(4) of the Direction states that, “a person who returns to SA after undertaking remote or isolated work at a location in Victoria is required to self-quarantine on their return.”
This is likely to have a significant impact on South Australian workers and businesses who generally undertake work in remote Victoria. Say for example that a FIFO worker would usually work a regular roster of 1 week in remote Victoria, and 1 week at an office or site in South Australia – that worker will not presently be permitted to work in the office in SA upon her or his return.
By contrast, if a FIFO worker returned to SA from Victoria before 11.59pm on 8 July, they would not have to self-quarantine.
It is worth noting that the subject of this article is only the exemption which relates to FIFO workers (i.e. those remote or isolated workers in Victoria subject to clause 5 of schedule 2 of the Direction) and that there are other exemptions which are set out in the Direction, including exemptions with respect to entry to SA from Victoria for SA residents. Copies of the Direction and other COVID-related directions can be found on the SA Government website.
Self-Quarantine
The generic 14-day self-quarantine requirements have been widely publicised in the media throughout the course of this pandemic. In the Direction, these requirements are expressed to be that the person must:
- Identify a suitable place to reside for 14 days upon entering South Australia; and
- Travel by the most direct and practical route and means to that place; and
- Remain at that place, self-quarantined and segregated from other persons for 14 days; and
- Remain at that place except for obtaining medical care or medical supplies, or in the case of emergencies; and
- Take reasonable steps to ensure that no other person enters the residence unless that other person usually lives there, or the other person is also complying with self-quarantine, or that other person is there for medical or emergency purposes.
Records of close contacts
Most essential travellers must keep and retain records of close contacts for a 14 day period commencing on the date of their arrival in SA (see clause 9 of the Direction). A “close contact” is someone who is within the company of the other person within an enclosed space for a period of 2 hours or longer; or a person within 1.5m of the other person for a period of 15 minutes or longer.
The records that must be kept are the name and phone number or other contact details (such as email and street address) of the close contact, and the location at which the close contact occurred; or at the very least, the time and location of the close contact. These records must be kept for a period of 28 days after the self-quarantine period ends (i.e. 14 days plus 28 days) and must be provided to an authorised office upon request. A Close Contract Record form can be downloaded from the SA Government website.
FIFO workers who returned to SA from Victoria before 11.59pm on 8 July 2020 do not have to maintain a record of close contacts.
Summary
The effect of the recent Direction is that any FIFO workers returning to SA from Victoria from 9 July onwards (until the Direction is varied or revoked) will be required to self-quarantine for 14 days at home or another suitable place of residence.
Given the ever-changing landscape, it is impossible to predict how long the Direction will be in place; this is likely dependent upon the extent of the outbreak in Victoria. Once the outbreak improves, it is likely that the SA Government will issue a further direction which will ease the restrictions placed on FIFO workers arriving back from Victoria.
Please note that the content of this article is general in nature and is not intended to be advice specific to your business or employment circumstances. If you require any advice on this subject, please feel free to contact us and we would be happy to assist you with your specific queries.
