Statute Details
- Title: COVID-19 (Temporary Measures) (Part 10 Relief) Regulations 2021
- Act Code: COVID19TMA2020-S23-2021
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020)
- Enacting Power: Section 79 of the COVID-19 (Temporary Measures) Act 2020
- Commencement: 15 January 2021
- Status: Current version as at 27 March 2026
- Key Subject Matter: Procedural framework for “Part 10 Relief” notices and determinations (including negotiation, adjustment, compensation, and revision) under the Act
- Key Provisions (from extract): Definitions (regulation 2); prescribed assessment factors and rates (regulations 3–4); notices and withdrawals (regulations 11–24); adjustment relief assessor framework (regulations 25–34); general procedural rules (regulations 35–41)
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Part 10 Relief) Regulations 2021 (“Part 10 Relief Regulations”) are subsidiary legislation made under the COVID-19 (Temporary Measures) Act 2020. In plain terms, they set out the process for how parties use the Act’s “Part 10 Relief” mechanisms to seek relief connected to COVID-19-related impacts on contractual or financial obligations.
While the COVID-19 (Temporary Measures) Act 2020 establishes the substantive relief framework, the Regulations focus on the machinery: what notices must be filed, how they are served, what information must be lodged, how hearings are conducted before “adjustment relief assessors”, and how determinations are managed and published. For practitioners, this matters because many disputes in relief regimes turn not only on the merits, but on compliance with procedural steps—deadlines, service requirements, and the correct use of designated communication channels.
Part 10 Relief is therefore best understood as a structured, quasi-administrative pathway. Parties initiate processes through specified notices (negotiation, adjustment, compensation, revision, and certain national interest contract-related steps). Those notices trigger procedural consequences under the Act, and the Regulations supply the detailed rules for carrying those steps out.
What Are the Key Provisions?
1) Preliminary and definitions (Regulations 1–2)
The Regulations commence on 15 January 2021 and provide definitions that are essential to interpreting the procedural rules. Regulation 2 defines terms such as “accrued arrears”, “adjustment relief Registrar’s directives”, and authentication-related concepts like “CorpPass” and “CorpPass credential”. It also defines “designated email address” and “designated postal address” for different categories of persons (including parties who served certain notices and persons who lodged objections or other notices). These definitions are critical because service and communication rules in later provisions depend on where documents must be sent.
2) General matters: assessment factors, rates, and document/service mechanics (Regulations 3–9)
The Regulations include provisions on (i) prescribed assessment factors (regulation 3) and (ii) a prescribed rate for a specific statutory calculation under section 53(4)(a)(iii) of the Act (regulation 4). Although the extract does not reproduce the full content of these provisions, their function is clear: they standardise how relief-related calculations and assessments are to be made.
Regulations 5–9 then address the practicalities of filing and serving documents. They cover forms and documents (regulation 5), prescribed mode of service (regulation 6), when service takes effect and proof of service (regulation 7), and the use of an electronic system (regulations 8–9). For lawyers, these provisions are often the difference between a valid procedural step and one that is later challenged as defective. In relief regimes, where time-sensitive notices can determine whether a process proceeds, strict adherence to service and proof requirements is typically essential.
3) Specified notices under Part 10 of the Act (Part 3, Divisions 1–5)
Part 3 is the core “front-end” procedural section. It sets out the notices that parties must use, and the rules for withdrawal and objection. The Regulations break this into five divisions:
Division 1 — Notice of negotiation (Regulations 10–14): This division governs how negotiation notices are interpreted and filed, and how they may be withdrawn. It also provides for a notice of objection to a notice of negotiation and the withdrawal of such objections. The presence of both negotiation notices and objection notices indicates that the process is not purely unilateral; it includes structured contestation.
Division 2 — Notice for adjustment (Regulations 15–16): This division provides for a notice for adjustment and its withdrawal. “Adjustment” is a key relief category under the Act, and the Regulations ensure that the notice-based pathway is procedurally workable.
Division 3 — Notice for compensation (Regulations 17–18): This division provides for a notice for compensation and its withdrawal. Compensation-related steps are often consequential for financial exposure, so the procedural rules are particularly important.
Division 4 — Notice of revision (Regulations 19–21): This division governs notices of revision and objections to revision notices, including withdrawal. Revision suggests a mechanism to revisit or modify earlier positions or determinations within the statutory framework.
Division 5 — Notice of negotiation for contract of national interest (Regulations 22–24): This division addresses a specialised pathway for contracts of national interest, including notices of negotiation for such contracts and a “repricing” step, plus withdrawal rules. Practitioners should note that national interest contracts may attract distinct procedural handling under the Act, and the Regulations ensure those steps are properly channelled.
4) Adjustment relief assessor’s determination (Part 4)
Part 4 sets out how “adjustment relief assessors” operate and how determinations are made. It includes:
Division 1 — Qualifications (Regulation 25): The Regulations specify the qualifications of adjustment relief assessors. This matters for ensuring that decision-makers have the competence and independence expected for relief determinations.
Division 2 — Communications and lodging requirements (Regulations 26–27): These provisions require parties (and/or relevant persons) to lodge documents with the adjustment relief Registrar or the adjustment relief assessor, and they regulate communications between the assessor/Registrar and the parties. The practical point for counsel is that the “record” for the determination is built through prescribed lodgements and communications—failure to lodge required documents can undermine a party’s position.
Division 3 — Procedure for determination (Regulations 28–34): This division covers appointment of assessors (regulation 28), amendment of notice (regulation 29), hearing and determination (regulation 30), and contingencies such as when an assessor cannot continue (regulation 31) or when a directed attendee is absent from a hearing (regulation 32). It also provides a key decision rule: where more than one adjustment relief assessor is appointed, the determination must be unanimous (regulation 33). Finally, it requires notification of the status of proceedings to the court and other relevant bodies (regulation 34), reflecting the interaction between the relief process and any court proceedings.
Division 4 — General procedural provisions (Regulations 35–41): These include the effect of non-compliance (regulation 35), correction of errors in determinations (regulation 36), extension of time (regulation 37), the registry of adjustment relief assessors (regulation 38), records (regulation 39), directives by the adjustment relief Registrar (regulation 40), and publication of determinations (regulation 41). Together, these provisions address fairness, administrative control, and transparency.
How Is This Legislation Structured?
The Regulations are structured into four Parts:
Part 1 (Preliminary) contains citation, commencement, and definitions (regulations 1–2).
Part 2 (General Matters) sets out prescribed assessment factors and rates, and the procedural infrastructure for forms, service, proof, and electronic systems (regulations 3–9).
Part 3 (Specified Notices Under Part 10 of the Act) is divided into five Divisions covering the different notice types and their withdrawal/objection rules (regulations 10–24).
Part 4 (Adjustment Relief Assessor’s Determination) contains the assessor framework, communications and lodging requirements, the hearing/determination procedure, and general procedural rules including non-compliance and publication (regulations 25–41).
Who Does This Legislation Apply To?
The Regulations apply to parties and other persons who participate in the Part 10 Relief processes under the COVID-19 (Temporary Measures) Act 2020. Practically, this includes parties who serve specified notices (such as notices of negotiation, objection, adjustment, compensation, revision, and national interest contract-related notices) and persons who lodge responses or objections with the adjustment relief Registrar or adjustment relief assessor.
They also apply to the administrative and decision-making actors in the regime: the adjustment relief Registrar and adjustment relief assessors. Because the Regulations define designated email and postal addresses and regulate electronic systems (including CorpPass-related authentication concepts), they also govern how participants must interact with the Government’s systems and how service and communication are to be effected.
Why Is This Legislation Important?
For practitioners, the Part 10 Relief Regulations are important because they operationalise the Act’s relief framework. Even where a party has strong substantive grounds for relief, procedural missteps—such as serving notices on the wrong address, failing to follow the prescribed mode of service, or not lodging required documents—can jeopardise the process. The Regulations therefore function as a compliance blueprint.
Several provisions are particularly significant in practice. The definitions of “designated email address” and “designated postal address” determine where documents must be sent and how service is established. The electronic system provisions and the rules on when service takes effect and proof of service influence litigation strategy and evidence gathering. The notice divisions in Part 3 define the procedural “entry points” to the relief process, including objection and withdrawal mechanisms that can narrow or expand the issues for determination.
Finally, the assessor determination framework in Part 4 affects how counsel should prepare. The unanimity requirement where multiple assessors are appointed (regulation 33) can influence expectations about decision-making dynamics. The rules on hearings, absence, amendment of notices, correction of errors, and extension of time shape how parties manage timelines and respond to procedural developments. Publication of determinations (regulation 41) also supports precedent-like learning and risk assessment for future cases.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020) — in particular Part 10 relief provisions and sections referenced in the Regulations (e.g., sections 45, 46, 47, 51, 53, 61, 66, 67)
- COVID-19 (Temporary Measures) (Part 10 Relief) Regulations 2021 — this instrument (SL 23/2021), as amended (including by S 265/2021)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Part 10 Relief) Regulations 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.