These Q&As discuss clear COVID-19 guidelines for Victorian owners corporations. We acknowledge that the COVID-19 situation is constantly changing. The content contained in this post was correct at the time of posting.
Table of Contents:
- QUESTION: Our small Owners corporation employs a casual gardener for 4 hours a week. Is a casual worker with these types of duties an ‘authorised worker’ and therefore required to be vaccinated?
- QUESTION: I am a Chairperson 6 level building in Victoria without a cleaner coming in daily. Is the best option to put a wipe machine in the lift? Our Building manager attends daily but I feel this isn’t enough cleaning.
- QUESTION: In Victoria, does the government organise to deep clean the property if it is identified as a site with a COVID-19 positive case?
- QUESTION: What information does the Owners Corporation need to include in its Covid Safe Plan and does the complex need a QR code or sign in register?
- QUESTION: Our owners corporation needs clear guidelines about safety precautions in relation to COVID-19.
Question: Our small Owners corporation employs a casual gardener for 4 hours a week. Is a casual worker with these types of duties an ‘authorised worker’ and therefore required to be vaccinated?
A complex question in difficult times. Recent announcements by Premier Dan Andrews advised that mandatory vaccinations are required for all ‘authorised workers’ in Victoria.
We have a small Owners Corporation of 20 units and engage a gardener/handyman on a casual basis to look after the common property for 4 hours per week. The gentleman does not wish to be vaccinated against COVID.
- Is a casual worker with these types of duties regarded as an ‘authorised worker’ and therefore by definition required to be vaccinated to continue working with us?
- Is the committee liable to be fined if we continue to use him after nominated dates if he refuses to be vaccinated?
Answer: It is our understanding that the gardener in this scenario, has been engaged by the owners corporation as a contractor. This means that whilst the gardener should be vaccinated to attend work on site (unless a medical exemption applies), the obligation falls upon the contractor’s employer and not the third-party owners corporation.
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It is our understanding that the term ‘authorised worker’ was used in relation to work permits during lockdowns and no longer applies given that restrictions have been lifted.
An employer is defined as the person who employs or engages the worker, or if the worker is self-employed, the worker.
The current vaccination requirements apply to workers in select industries who work outside of their home, including, but not limited to: accommodation, custodial workers and workers employed in real estate. This would therefore extend to and include gardeners. For a full list, please visit: Worker vaccination requirements – Information about workers who are required to be vaccinated against COVID-19
This requirement applies to employees, contractors (engaged by the employer or a third party), volunteers and students on placements, unless a medical exemption applies. If a worker is medically exempt, he or she is required to provide evidence from an authorised medical practitioner to indicate same, such as a medical certificate or letter.
Employers should request proof of vaccination from its workers who work on site pursuant to the current directions. It is noted that the directions have been worded in such a way that not only should employers request vaccination information from its workers, but that they must.
It is our understanding that the gardener in this scenario, has been engaged by the owners corporation as a contractor. This means that whilst the gardener should be vaccinated to attend work on site (unless a medical exemption applies), the obligation falls upon the contractor’s employer and not the third-party owners corporation.
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The owners corporation does not have the obligation to ensure that a contractor is vaccinated. This obligation falls upon the contractor’s own employer.
Michelle Ang, Senior Associate and Coral Shamir, Lawyer
Bugden Allen Graham Lawyers
E: [email protected]
P: 03 9086 5832
This post appears in Strata News #537.
Question: I am a Chairperson 6 level building in Victoria without a cleaner coming in daily. Is the best option to put a wipe machine in the lift? Our Building manager attends daily but I feel this isn’t enough cleaning.
Answer: Certainly more sanitizer around the place is better.
The key issue is to minimise transmission and if it means putting four or five or 10 sanitising elements around the place then just go and do that.
The reader is referring to touching surfaces and doors. Considering putting in hands free door openers. It’s not this whiz bang expensive exercise. It’s just a bent bit of metal a bit like the coat hanger you have on the back of the toilet door. There you have it three quarters of the way out from your hinge. You put your foot down on it, and then with your foot you open the door. Why do I want to touch that handle? How do I avoid touching that handle?
There might be other practical measures they can put in place. Certainly more sanitiser around the place is better.
Wal Dobrow
COVID-19 Plans
E: [email protected]
P: 1300 828 344
This post appears in Strata News #513.
Question: In Victoria, does the government organise to deep clean the property if it is identified as a site with a COVID-19 positive case?
Answer: It is up to the Owners Corporation to organise a deep clean of the affected area after a COVID-19 positive case.
I am not aware of any requirement for the Government to step in and be responsible for the deep clean of a property. It is up to the Owners Corporation to organise a deep clean of the affected area after a COVID-19 positive case.
Wal Dobrow
COVID-19 Plans
E: [email protected]
P: 1300 828 344
This post appears in Strata News #511.
Question: What information does the Owners Corporation need to include in its Covid Safe Plan and does the complex need a QR code or sign in register?
Covid Safe Plans for Victorian Strata
New government regulations have been announced that Owners Corporations need to have a COVID Safe Plan in place with effect from 30 March 2021.
The Victorian Government’s template and guidelines for preparing a COVID-19 plan references worksites, so it is very confusing for residential only Owners Corporations. Our building has minimal common property, just gardens and walkways.
What information does the Owners Corporation need to include in its Covid Safe Plan and does the complex still need a QR code or sign in register?
Answer: There are organisations and companies who will prepare a COVID safe plan on behalf of an Owners Corporation.
So during COVID, a very challenging time for everyone, and for a lot of Owners Corporation management companies as well, especially when it came to trying to decipher the advice provided by governments. At times it was very vague, and especially when it comes to owners, corporations, and I’m involved with an association called Strata Community Association (VIC), and I know that SCA (VIC) tried very hard to lobby the government to get some clear instructions as to what was required throughout COVID.
In terms of the point about the workplace, the common property of an Owners Corporation (again, I’m not a lawyer) but my understanding is that it is deemed to be a workplace because contractors are engaged by the Owners Corporation and attend the property and carry out work. So an Owners Corporation needs to be mindful that it is in fact a workplace and therefore, my understanding is that an Owners Corporation must take out a COVID safe plan.
That COVID safe plan basically has to deal with looking at the risks associated with COVID, potential COVID cases and looking at how the Owners Corporation can promote social distancing and also looking at how registrations or visitors can be carried out. Recently, there was a directive by the government stating that every Owners Corporation must print out a QR code and instal that on the common areas of the property. Since that advice came out SCA (VIC) have gone back to the government and clarified that social visitors or occupiers to a property are not required to constantly register their attendance. However, if there’s a contractor or service provider that attends the common areas for more than 15 minutes, the obligation is that they must register their attendance via scanning the QR codes.
There are organisations and companies who will prepare a COVID safe plan on behalf of an Owners Corporation. Sometimes it’s very basic, it’s just a template document that may have to be customised based upon a few factors. So my understanding is that it can be a couple $100 for an Owners Corporation. But then if it’s a large property, that costs can certainly increase to a lot more.
As Owners Corporation Managers, we’re not experts in terms of risk assessment of COVID and that type of thing, so certainly Owners Corporation Managers shouldn’t be preparing COVID safe plans. It should be an expert organisation unless the Owners Corporation committee or a group of owners want to take it upon themselves to identify risk and prepare that plan. But certainly, OC managers shouldn’t be taking that risk upon themselves.
Gregor Evans
The Knight
Email
P: 03 9509 3144
This post appears in Strata News #478.
Question: Our owners corporation needs clear guidelines about safety precautions in relation to COVID-19.
April 2020: Our owners corporation needs clear guidelines about safety precautions in relation to COVID-19.
For instance, regarding the ability of occupants to unlock the security door to allow deliverers (say for groceries or other items) to enter. Some believe occupants should meet deliverers on the street, or that parcels should be left in unsecured areas.
Others, like me, believe this poses other risks. For instance, if food is left in unsecured areas it can be stolen, and thereby discourage people from online shopping, which is generally regarded as being safer.
I am also concerned that if and when someone in our apartment complex has COVID-19, this would mean they would have to move through the building to unsecured areas to collect goods, thereby placing other people at risk.
There are also concerns in the event of an emergency, or ambulance needing access to the building.
We need some guidance about this matter, I can’t find any specific recommendations about this issue.
Answer: Your Owners Corporation Manager or Committee should seek out residents to volunteer their time to facilitate deliveries and take on the role of supporting those who are unable to leave.
This is a great question, but difficult to answer as COVID-19 is not only a rapidly changing issue but one that does not have a single solution for all buildings. Predominately, there are no specific regulations that obligate an Owners Corporation to provide solutions for circumstances like the current. Our experience, however, is showing that communities are adapting to resolve issues like this with the means that they have available.
At a minimum during COVID-19, your Owners Corporation should have clear guidelines in place to restrict contact and interactions between residents. At present, Victoria is in Stage 3 lockdown, which means there are minimal reasons to leave your residence.
However, this does not mean that things like deliveries and common areas need to be subjected and exposed to potential contamination. One of the best ways to ensure that members who are isolating or who might be infected is to designate volunteers in your building to assist with providing essential services to those in need.
Your Owners Corporation Manager or Committee should seek out residents to volunteer their time to facilitate deliveries and take on the role of supporting those who are unable to leave. Once those volunteers have been appointed, they should be briefed on safety and protocol when interacting with those in isolation.
To help with better organisation of volunteers, the Committee or Manager should allocate the volunteers by floor(s), day(s) or even time(s). This list should be made available to residents in the building, so they are aware of who to contact and when.
Below are a few examples of how to deal with various circumstances during COVID-19: Guidelines for Owners Corporations;
Ordering Meal delivery: Ubereats, Deliveroo, etc.
- Contact the volunteer before you order online.
- You then place your meal orders and share the estimated delivery time with the volunteer.
- When the meal arrives, notify the volunteer.
- The volunteer will then go collect the food for you.
- The volunteer will bring the food up to your apartment door. The volunteer (or concierge) will knock at your door, leave the food outside and leave.
- You only open the door 2 minutes after the door knock.
Purchasing groceries: from the supermarket
- Prepare a list of products your need from the supermarket (you can specify items, but not brands, i.e. a loaf of white bread/grainy bread, a can of chicken soup) Due to item shortages at the supermarket the volunteer will buy items as available.
- Contact the volunteer and email or text the volunteer your shopping list.
- The volunteer will discuss with you a time that works for the volunteer.
- The volunteer will do the shopping for you.
- The volunteer will contact you when the groceries are ready to be delivered to your door.
- The volunteer will bring the food up to your apartment door. The volunteer will knock at your door, leave the bags outside, wait 2 meters away, make sure you are alright taking your delivery, and then leave.
- You and the volunteer will both keep a copy of the receipt.
- No cash handling. You will reimburse the volunteer through bank transfer.
Purchasing Medicine items: the Committee/Manager will need to advise the local Pharmacy of the arrangement put in place, including identifying the volunteer’s name etc.
- If you have a script that needs filling, contact a volunteer available at the time.
- The volunteer will discuss with you a time that works for the volunteer.
- Email the Pharmacy in advance providing your script, relevant information, including your Medicare number, Medicare expiry date, DOB, your phone number, and the volunteer’s name.
- Then let the volunteer know once the Pharmacy has your script details,
- The volunteer will contact you when they have bought your items.
- The volunteer will bring the items to your door. The volunteer will knock at your door, leave the bags outside, wait 2 meters away, make sure you are alright taking your delivery, and then and leave.
- You and the volunteer will both keep a copy of the receipt.
- No cash handling. You will reimburse the volunteer through bank transfer.
Garbage Disposal
- Place your bagged rubbish inside your kitchen rubbish bucket, and put the rubbish bucket outside your apartment, between designated times as needed.
- Cleaners will collect the garbage at the designated times.
- Collect your rubbish bucket after the designated times.
When you finish your self-isolating period
- You should notify the Committee and OC Manager when you have completed your 14-day self-isolation.
Having designated volunteers to keep the essential items and deliveries flowing from the outside world is an excellent way to minimise contact with those who may be infected. This arrangement also limits isolated persons and their movement throughout the building. However, to avoid exposure to a volunteer, good safety practices must be implemented. Deliveries may or may not be contaminated:
- Thoroughly wash and dry your hands
- When using gloves and masks correctly, for practical purposes, it is easier to put on your mask before you put on your gloves.
- Maintaining a safe distance of 1.5 m from others
- Wear gloves and mask when travelling to the apartment floor.
- Disposal of gloves and masks when you get home:
- REMOVE GLOVES FIRST
- Place gloves in a disposable bag such as a small freezer bag
- Remove your mask
- Dispose of the mask, place it in the bag as above
- Seal and put the bag down the garbage chute.
- Wash or sanitise your hands thoroughly.
These are only suggestions that may be appropriate for your building to adopt. All buildings are different, and circumstances vary, so it is best owners corporations review Guidelines and put protocols in place to minimise interaction and maximise normality where possible.
Your residents and Owners Corporation must communicate as much as possible if changes or protocols are put in place. This will help everyone to work through these times and remain supported where their movements are limited.
Above all else, keep yourself and your loved ones safe.
Joel Chamberlain
Horizon Strata Management Group
E: [email protected]
P: 03 9687 7788
This post appears in Strata News #335
Have a question about COVID-19 guidelines for owners corporations or something to add to the article? Leave a comment below.
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