Statute Details
- Title: COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020
- Act Code: COVID19TMA2020-S303-2020
- Type: Subsidiary Legislation (SL)
- Authorising Act: COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020)
- Commencement: 20 April 2020
- Primary Purpose: Operational rules for temporary contractual relief mechanisms under the COVID-19 (Temporary Measures) Act 2020
- Key Parts: Part 1 (Preliminary); Part 2 (General matters); Part 3 (Notification for relief); Part 4 (Assessor’s determination)
- Key Definitions: CorpPass; designated email/postal addresses; electronic system; “ordinary address”; “issuer of a related performance bond”
- Key Procedural Themes: Prescribed actions/contracts/rates/conditions; service and electronic communications; notification and withdrawal; assessor appointment and determination procedure
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020 (“Relief Regulations”) are subsidiary legislation made under the COVID-19 (Temporary Measures) Act 2020. In plain language, the Regulations provide the “how-to” framework for parties who seek temporary relief from the consequences of being unable to perform contractual obligations because of COVID-19-related circumstances.
While the Act sets out the substantive relief architecture (including when relief is available and the role of an assessor), the Regulations focus on implementation: they prescribe certain categories of contracts and actions, set procedural requirements for notifications and communications, and establish the process for an assessor’s determination. This matters in practice because contractual relief under the Act is not automatic; parties must follow the correct steps and timelines, and the Registrar/assessor must be able to manage applications efficiently and fairly.
The Regulations also reflect a shift to digital administration during the pandemic. They define electronic systems and specify how documents may be served and communicated, including rules about when service takes effect and how proof of service is established.
What Are the Key Provisions?
1) Preliminary matters and definitions (Part 1)
The Regulations begin with citation and commencement (coming into operation on 20 April 2020) and provide definitions that govern the rest of the instrument. For practitioners, the definitions are not merely academic: they determine what counts as a “designated email address” or “designated postal address,” which in turn affects valid service and the effectiveness of notifications and submissions.
Key defined terms include CorpPass and CorpPass credential (used for authentication in online government/public body transactions), electronic system (established under regulation 7), and ordinary address (a default address concept tied to registered office/principal office for bodies corporate, usual/last known residence or business for individuals, and principal/last known place of business for partnerships). The Regulations also define issuer of a related performance bond, which is relevant where the underlying contract involves performance bonds and the relief mechanism may interact with bond obligations.
2) Prescribed circumstances/actions/contracts/rates/conditions (Part 2)
Part 2 contains a series of provisions that “fill in the blanks” in the Act. The Regulations address, among other things, when certain provisions of the Act do not apply, and they prescribe additional actions and categories of contracts relevant to the Act’s relief scheme.
For example, regulation 3 addresses circumstances in which section 5 of the Act is inapplicable. Subsequent provisions (regulations 3A to 3F) prescribe: (i) other prescribed actions for section 5(3)(o) of the Act; (ii) prescribed contracts for section 5A; (iii) prescribed contracts for section 7A; (iv) a prescribed rate for section 7A(2); (v) prescribed conditions for section 7B(2)(b); (vi) prescribed amounts for section 7B(2); and (vii) prescribed contracts for sections 12(4) and 13(1A).
Although the extract provided does not reproduce the detailed lists and figures, the practitioner takeaway is clear: the Act’s relief is calibrated by categories and thresholds. Lawyers must therefore cross-check the Regulations’ prescribed items to determine whether a client’s contract falls within the relevant scope and whether any rate/amount/condition requirements are satisfied.
3) Forms, documents, and service mechanics (Part 2)
The Regulations include provisions on forms and documents (regulation 4), prescribed mode of service (regulation 5), when service takes effect and proof of service (regulation 6), and the electronic system and its use (regulations 7 and 8).
In practice, these provisions are often the difference between a successful and failed procedural step. If a notification for relief or an application is not served in the prescribed manner, the other party may argue non-compliance, potentially undermining the relief process. The “when service takes effect” rule is also critical for calculating deadlines and for determining whether a response or withdrawal was timely.
The Regulations’ electronic provisions also matter for evidentiary purposes. Where parties use an electronic system, lawyers should ensure that submissions are properly authenticated and that records of transmission and receipt are retained.
4) Notification for relief and withdrawal (Part 3)
Part 3 establishes the procedural gateway for relief: notification for relief (regulation 9) and withdrawal of notification (regulation 10). In plain terms, a party seeking to trigger the Act’s relief mechanism must notify the relevant counterparty and do so using the correct channels and to the correct “designated” addresses.
Because the Regulations define designated email/postal addresses based on what was specified in the notification or application (or otherwise designated by the party for receiving documents), counsel should carefully confirm that the correct contact details are used at each stage. If the designated address is wrong or not updated, service disputes can arise.
5) Assessor’s determination procedure (Part 4)
Part 4 is the core procedural engine for resolving disputes about relief. It sets out: (i) qualifications of assessors (regulation 11); (ii) communications with the Registrar and assessor (regulations 12 and 13); (iii) application and procedure for an assessor’s determination (regulations 14 to 22A); and (iv) general procedural provisions (regulations 24 to 30).
Key practitioner points include:
- Application and response: regulation 14 provides for the application for an assessor’s determination; regulation 15 requires a response; regulation 16 allows amendment of the application or response.
- Appointment and hearing: regulation 17 provides for notice of appointment and hearing; regulation 18 sets out hearing and determination by the assessor.
- Continuity and absence: regulations 19 and 20 address what happens if an assessor cannot continue or if one party is absent from the hearing.
- Unanimity requirement: regulation 21 states that where more than one assessor is appointed, the determination must be unanimous. This is important for strategy and risk assessment—if assessors disagree, the process may stall or require further steps.
- Further determinations for scheduled contracts: regulation 22 allows further determinations for scheduled contracts for which the assessor may make further determinations; regulation 22A prescribes a further determination for section 13(3)(h) of the Act.
- Notification of determination: regulation 23 requires notification of the determination (and related matters) to the court or arbitral tribunal, reflecting the assessor’s role within the broader dispute resolution landscape.
Finally, the Regulations include general provisions on effect of non-compliance (regulation 24), correction of error (regulation 25), extension of time (regulation 26), and administrative matters such as a registry of assessors (regulation 27), records (regulation 28), Registrar’s directives (regulation 29), and publication of determinations (regulation 30). These provisions are crucial for managing procedural risk and ensuring that the record is complete for any subsequent court or arbitration proceedings.
How Is This Legislation Structured?
The Regulations are organised into four main Parts:
- Part 1 (Preliminary): citation/commencement and definitions.
- Part 2 (General matters): prescribed scope and operational rules (including prescribed actions/contracts/rates/conditions), plus rules on forms, service, and electronic systems.
- Part 3 (Notification for relief): the procedural steps for notifying a counterparty and withdrawing that notification.
- Part 4 (Assessor’s determination): assessor eligibility, communications, the application/hearing/determination workflow, and general procedural safeguards (non-compliance, corrections, time extensions, and administrative infrastructure).
Who Does This Legislation Apply To?
The Regulations apply to parties to scheduled contracts (as determined by the Act and the Regulations’ prescribed contract categories) who seek temporary relief due to inability to perform contractual obligations in the COVID-19 context. The relief process is triggered through notifications and applications, and it is administered through an assessor (with the Registrar playing a procedural/administrative role).
In practical terms, the Regulations are relevant to businesses and counterparties involved in covered commercial arrangements—particularly where performance is affected and where the parties need a structured mechanism to obtain temporary relief without immediately resorting to full litigation or arbitration. The procedural rules apply regardless of whether the parties are represented by counsel, but counsel will typically be essential to ensure compliance with service, designated addresses, and submission requirements.
Why Is This Legislation Important?
For practitioners, the Relief Regulations are important because they operationalise a time-sensitive and procedurally strict relief scheme. Even where a client has a substantive argument for relief under the Act, failure to comply with the Regulations’ notification, service, and assessor-application procedures can jeopardise the outcome.
The Regulations also provide clarity on administrative and evidentiary mechanics: how service is effected, when it takes effect, how electronic systems are used, and how communications with the Registrar/assessor should occur. These details reduce uncertainty and help prevent “technical” disputes from overshadowing the underlying contractual issues.
Finally, the assessor determination framework—especially the hearing process, absence rules, unanimity requirement, and publication/record provisions—creates a structured pathway for resolving relief questions. This can influence settlement posture and litigation/arbitration strategy, because an assessor’s determination may be relevant to how courts or arbitral tribunals handle the broader dispute.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020) — the authorising Act and the substantive relief framework
- COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020 amendments (e.g., S 303/2020; S 377/2020; S 665/2020; S 874/2020; S 951/2020; S 18/2021; S 22/2021) — procedural and scope updates over time
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.