As foreshadowed in the President’s message to members yesterday evening, the restrictions on access to a childcare or early childhood service have changed overnight.
Attendance at childcare or early childhood services
The Stay at Home Directions have been amended so that it is no longer necessary for both parents to be authorised workers.
Pursuant to clause 8(3) of the Stay at Home Directions (Victoria) (No 6), a person may obtain services from a childcare or early childhood service:
an authorised worker or works for an authorised provider and holds an Authorised Worker Permit; and
C. is not working from the premises; or
D. is working from the premises and is unable to make alternative supervision arrangements for the person
leaving the premises to attend childcare or early childhood services; or
Note 2: a person will not be subject to a penalty pursuant to section 203 of the PHW Act for failing to hold an Authorised Worker Permit until after 11:59:00pm on 23 August 2021.
Note 3: An Authorised Worker that is required to work shift work (e.g. overnight shift at a hospital) is permitted to send their child(ren) to childcare or an early childhood service outside their working hours so they can rest.
Childcare or early childhood service is defined at clause 13(13) as onsite early childhood education and care services or children’s services provided under certain legislation.
Vulnerable child or young person is also defined at cl 13(59).
In-home child-minding assistance
Access to in-home child-minding assistance remains unchanged. Clause 7(1)(l) of the Stay at Home Directions provides for a person to leave their ordinary residence to provide child-minding assistance (whether on a paid or voluntary basis). Clause 11(3)(b)(ii) provides an exception to the restriction on private gatherings for this purpose.
Clause 7(1)(b)(ii) of the Stay at Home Directions provides for a person to leave their ordinary residence to take the child to another person’s premises for the purpose of that other person providing child-minding assistance (whether on a paid or voluntary basis) so that the parent or guardian can do one of the things specified in clauses 6 (necessary goods or services), 7 (care or other compassionate reasons), 8 (work or education), 9 (exercise) or 10 (other specified reasons). Note however that, as explained above, clause 8 restricts attending work to authorised workers for whom it is not reasonably practicable to work from their ordinary residence.
The list of authorised workers and authorised providers can be found at https://www.coronavirus.vic.gov.au/authorised-provider-and-authorised-worker-list-0
The list of authorised workers currently includes a number of categories which may be applicable to barristers, depending on the work they are doing.
The list includes any person who performs work that is essential for the continued operation of:
Members will need to consider whether the work they are doing satisfies one of the categories on the authorised worker list.