ACLCA Victoria Update on Corona Virus

Stage 4 Restrictions - A message to Members of ACLCA Victoria

Dear ACLCA Members,

We hope that you are fit and healthy (both physically and mentally) during this difficult phase of the COVID-19 pandemic in Victoria (and in particular in Melbourne).

With the recent implementation of Stage 4 Restrictions for metropolitan Melbourne, we are now faced with enormous challenges. Businesses across all industries will be impacted, and on a personal level we are facing further challenges related to finances, family, home schooling, child care, etc. It is important to remember over the coming weeks and months that we are all in this together. Now more than ever, we must be vigilant and understanding, and remember to check in with our friends, extended families and colleagues, particularly those that may be isolating at home alone. Whilst the intent of the Stage 4 Restrictions is to mitigate the health risk posed by COVID-19, we must acknowledge the potential health risk posed by a decline in mental health (including anxiety, depression and general stress) during this period. If you are struggling please reach out and talk to someone. Some supportive services include: 

We believe that our industry has responded well to the Stage 2 and Stage 3 Restrictions that were imposed in response to the COVID-19 pandemic. Many (if not all) of our members have transitioned to working from home and have incorporated COVID-19 control measures into health and safety documentation for site work. However, the coming weeks will be challenging as some workplaces/sites are further restricted (or closed) due to the Stage 4 Restrictions.

The key points to be aware of under the Stage 4 Restrictions include:

  • Workplaces in metropolitan Melbourne are closed unless the workplace is part of a permitted industry
  • All Victorians are required to work from home, where possible
  • Employers that require their staff to attend a work site must issue a worker permit for their employee(s) under Victoria’s Permitted Worker Scheme
  • Permitted workplaces/sites must have implemented a ‘COVIDSafe Plan’, in line with government requirements
  • Employers may only issue a worker permit for their employee if:
    ​- The organisation is on the list of permitted activities
    - The employee is working in an approved category for on-site work

There are a number of requirements that must be adhered to under the Permitted Worker Scheme, in addition to obligations for permitted workplaces. For those members that will be issuing permits to employees during the Stage 4 Restrictions, we urge you to review the requirements of Victoria’s Permitted Worker Scheme prior to issuing a worker permit. It is noted that fines for individuals ($19,826) and businesses ($99,132) will apply to employers who issue worker permits to employees who do not meet the requirements of the Permitted Worker Scheme or who otherwise breach the scheme requirements.

The State Government has provided information to assist in determining permitted activities/workplaces under the Stage 4 Restrictions. Based on the information that is currently available online, ACLCA Victoria noted the following, which may be pertinent for our members:

  • Professional, scientific and technical services (i.e. contaminated land consulting) may be considered a ‘permitted industry’ if involved in
    - Hazard monitoring and resilience
    - Services (i.e. architecture, surveying, building inspection, engineering) where required on site for permitted construction
  • Ancillary and support businesses (i.e. contaminated land consultants) are able to open on-site if necessary for the operation of a permitted industry (i.e. construction), or for ‘Closed Work Premises’ where there are safety or environmental obligations (i.e. regulatory compliance)

It is noted that EPA Victoria will continue to enforce environmental compliance throughout the Stage 4 Restrictions. Contaminated land projects that are required to ensure that our clients maintain environmental compliance are likely to be considered permitted activities during the Stage 4 Restrictions. However, it is important to engage with the client and EPA Victoria to confirm that the project cannot be postponed and is required to proceed during the Stage 4 Restrictions.

A recent enquiry from Engineers Australia resulted in a clarification on professional and technical services for construction sites. The following clarification was provided by the State Government,

“Workers that provide architecture, engineering, surveying, building inspection or compliance services or statutory functions must work from home where possible. Where these workers are required to attend sites for inspection and safety purposes, they are counted as workers (i.e. people working on a site). Workers in this category who need to move between sites should visit no more than three times a week, except where those visits are required to meet a minimum statutory obligation or requirement.”

If a professional/technical service is required for another permitted industry/activity to operate during the Stage 4 Restrictions, then it too may be considered a permitted activity. Whilst not specifically mentioned, we consider this clarification to be applicable for contaminated land consultants conducting work for permitted industries.

Unfortunately, ACLCA Victoria cannot provide further information/clarifications regarding how individual sites (i.e. workplaces) and projects may be impacted by the Stage 4 Restrictions. As consultants, we work for a diverse range of clients across a number of industries. Some of those clients are likely to be listed for permitted activities, and may continue to operate workplaces/sites during the Stage 4 Restrictions (with a COVIDSafe Plan). Some contaminated land projects may fall within an “approved category for on-site work”.  For this reason, the onus is on each of you (our members) to review your portfolio of projects in conjunction with key stakeholders (i.e. internal management, the client, EPA Victoria) to determine site works that are permitted to proceed during Stage 4 Restrictions, and site works that should be postponed until the end of Stage 4 Restrictions.

In deciding if site works will proceed during the Stage 4 Restrictions, it is important to consider the intent of the Stage 4 Restrictions, which is first and foremost to keep people in their homes and slow the community transmission of COVID-19. If you require further clarification or advice from the State Government regarding permitted work during the Stage 4 Restrictions, please contact the ‘Industry Coordination Centre’ (13 22 15) within the Department of Jobs, Precincts and Regions.

ACLCA Victoria will continue to support our members during the COVID-19 pandemic, including those that may lose employment during the pandemic. Whilst ACLCA Victoria membership has traditionally been company-based, we recognise that these are unprecedented circumstances. Therefore, we will be extending ongoing provisional (individual) membership to members who have lost their job (with a member company) during the pandemic. We hope that this will support those impacted in maintaining their professional network, continuing professional development, and finding future employment opportunities. If you have recently lost your job (or know a contaminated land consultant who has) please reach out to us.

Please stay safe during the COVID-19 pandemic and do your bit to slow the spread.


ACLCA Victoria Executive Committee