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The NSW Public Health Order which came into effect on 11 October 2021, requires staff in the following premises to be fully vaccinated in Greater Sydney (or in Regional NSW, to have had at least 1 dose of COVID-19 Vaccine):

  1. (a) higher risk premises,
  2. (b) business premises that are hairdressers, spas, nail salons, beauty salons, waxing salons, tanning salons, tattoo parlours or massage parlours,
  3. (c) recreation facilities (indoors),
  4. (d) public swimming pools,
  5. (e) information and education facilities,
  6. (f) retail premises, but not critical retail premises.
  7. (5) In this clause— higher risk premises means the following—
  8. (a) entertainment facilities,
  9. (b) recreation facilities (major),
  10. (c) hospitality venues,
  11. (d) places of public worship,
  12. (e) premises at which a significant event is being held, other than a small funeral or memorial service or small wedding service.

Employees aged under 16 years of age or with a signed medical contraindication form are exempt.

This requirement will likely remain in place until 1 December 2021, the date from which unvaccinated individuals will have the same freedoms of all other persons in NSW, including the ability for these individuals to return to work.

Employers are required to allow unvaccinated staff to continue working from home, where reasonably practicable.

Employee records

Employers, where possible, should request to sight a copy of the employee’s vaccination certificate in the first instance, and continue to utilise this method to avoid having to seek consent in accordance with the Privacy Act 1988.

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