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SWOP NSW is providing the following information based on our understanding of the current Public Health Order 

Please contact us if you have any questions (02) 9184 9466 or  This email address is being protected from spambots. You need JavaScript enabled to view it.

If you require legal support in relation to police interactions, please contact us and the Sex worker legal service at Inner City Legal Centre (iclc.org.au) 

 

Public Health (COVID-19 General) Order 2021 under the Public Health Act 2010

 

Part 2 Directions applying to general area 

General area means the area of the State excluding all stay at home areas. 

 

Division 4 Fitted face coverings 

2.15 Fitted face coverings 

(1) A person in the general area who is over 12 years of age must wear a fitted face covering while the person is—  

(a) in an indoor area of premises other than a place of residence, or  

(b) in an indoor area on common property for residential premises, or 

(c) at a public transport waiting area or in a vehicle or vessel being used to provide a public transport service, or… 

(4) The fitted face covering must be worn so that it covers the person’s nose and mouth. 

2.16 Exception for certain persons having illness, condition or disability 

(1) A person is not required to wear a fitted face covering if the person— 

(a) has a physical or mental health illness or condition, or disability, that makes wearing a fitted face covering unsuitable, and 

(b) carries evidence showing— 

(i) that the person has the illness, condition or disability, and 

(ii) the illness, condition or disability makes wearing a fitted face covering unsuitable, and 

(iii) the person’s name and place of residence, and 

(c) produces the evidence for inspection if requested to do so by a police officer. 

(2) Evidence for the purposes of subclause (1)(b)(i) and (ii) must be in the form of— 

(a) a medical certificate or other written evidence signed by a registered health practitioner or a registered NDIS provider, or  

(b) a statutory declaration by the person. 

2.17 Other exceptions 

(1) A person may remove a fitted face covering the person is otherwise required to wear if the person is— 

(a) eating or drinking, or… 

(c) communicating with a person who is deaf or hard of hearing, or 

(d) engaging in work if— 

(i) wearing the covering is a risk to the person’s, or another person’s, health and safety, or 

(ii) enunciation or visibility of the person’s mouth is essential, or 

(iii) the work is in an indoor area and no other person is in the area, or 

(iv) (Repealed) 

(e) requested to remove the covering as part of an identity check, or 

(f) required to remove the covering— 

(i) because of an emergency, or 

(ii) for the proper provision of goods or a service, or… 

(h) in a hotel, motel or other accommodation facility as a guest and is in the person’s own room, or… 

(2) A person who removes the person’s fitted face covering under this clause must resume wearing it as soon as practicable after the circumstance ends

 

Division 5 Unvaccinated adults—additional restrictions 

2.18 Premises closed to unvaccinated adults 

(1) The occupier of the following premises in the general area must take reasonable steps to ensure that an unvaccinated adult is not on the premises— 

(a) higher risk premises

… 

(2) An unvaccinated adult must not be on premises referred to in subclause (1) in the general area. 

(3) The occupier of higher risk premises in the general area must ensure that a person who is under 16 years of age and who is not a fully vaccinated person is not on the premises… 

(5) In this clause— higher risk premises means the following— … 

(d1) sex services premises, 

(d2) strip clubs… 

2.19 Must be seated when consuming alcohol 

(1) The occupier of premises in the general area must not allow an unvaccinated adult to consume alcohol in a part of the premises that is an indoor area unless the unvaccinated adult is seated. 

(1A) The occupier of premises in the general area that are a nightclub or a strip club must not allow a person to consume alcohol in a part of the premises that is an indoor area unless the person is seated. 

(2) This clause does not apply to a place of residence. 

2.20A Dancing indoors 

(1) The occupier of premises in the general area must not allow an unvaccinated adult to dance in a part of the premises that is an indoor area. 

(2) This clause does not apply to the following— 

(a) a place of residence… 

(c) a performer who is performing or rehearsing… 

 

Division 6 Miscellaneous 

2.21 Singing or dancing indoors… 

(1A) The occupier of premises in the general area that are a nightclub or a strip club must not allow a person to dance in a part of the premises that is an indoor area. 

 

Part 4 COVID-19 Safety Plans

4.2 Definitions 

In this Part— 

approved COVID-19 safety checklist for premises or an event means the COVID-19 safety checklist— 

(a) approved by the Chief Health Officer for the premises or event, and  

(b) published on the NSW Government website, and 

(c) as in force for the time being. 

COVID-19 Safety Plan, for premises or an event, means a plan that addresses the matters required by the approved COVID-19 safety checklist specified in Schedule 4 for the premises or event. 

develop a COVID-19 Safety Plan includes adopt an appropriate COVID-19 Safety Plan. 

4.3 Plans must be complied with and kept and made available for inspection 

A person who is required to develop a COVID-19 Safety Plan under this Part for premises or an event must— 

(a) comply with the plan, and 

(b) keep a copy of the plan— 

(i) for premises—at the premises… 

(c) make the plan available for inspection, if requested to do so, by— 

(i) an authorised officer, or 

(ii) a police officer. 

4.4 Premises 

(1) The occupier of premises listed in Schedule 4 must develop a COVID-19 Safety Plan for the premises… 

Schedule 4 COVID-19 Safety Plans 

… 

35 Sex services premises: Beauty and other services 

37 Strip clubs: Hospitality 

… 

 

Part 5 COVID Safe Check-in 

5.1 Introduction 

This Part sets out directions of the Minister about— 

(a) COVID-19 Safe check-ins, and 

(b) information obtained as a result of check-ins. 

5.3 How contact details are to be registered 

(1) This clause applies to a person who enters premises specified in Schedule 5, subject to the exceptions in the Schedule. 

(2) The person must ensure the person’s contact details are registered electronically when the person enters the premises— 

(a) by using the person’s phone to register the details with Service NSW, or 

(b) by having another person use a phone to register the details with Service NSW on the person’s behalf if the person is not able to use the person’s phone to register the details with Service NSW, or 

(c) by providing the details to the occupier of the premises if— 

(i) it is not possible to register the person’s details under paragraph (a) or 

(b), or

(ii) it would be unsafe to use a phone on the premises because of the nature of the premises. 

Example— If using a phone would be inconsistent with the work health and safety requirements at the premises. 

Note— The occupier of premises may refuse entry to a person who fails to comply with this direction. 

(3) The occupier of the premises must take reasonable steps to ensure a person complies with this clause when entering the premises.  

5.4 Record keeping by occupiers concerning contact details 

(1) This clause applies to the occupier of premises if a person’s contact details are provided to the occupier under clause 5.3(2) rather than Service NSW. 

(2) The occupier must— 

(a) keep, for at least 4 weeks, a record of the contact details in a way that ensures the record is readily accessible and in an appropriate form to provide to the Chief Health Officer under paragraph (b), and 

(b) on request, provide the record, in electronic form, to the Chief Health Officer as soon as practicable, but no later than 4 hours, after the request is made, and 

(c) ensure that a person is— 

(i) responsible for requiring contact details to be provided in accordance with this clause, and 

(ii) authorised to provide records to the Chief Health Officer under paragraph (b). 

5.5 Use and disclosure of information 

To avoid any doubt, it is directed that contact details provided under clause 5.3 are to be used or disclosed only for the purposes of contact tracing during the COVID-19 pandemic 

 

Part 6 Other directions

Division 2 Information 

6.2 Answering questions from contact tracers 

(1) A person must answer questions or provide other information about the person’s movements if requested to do so by an authorised contact tracer. 

(2) A person must provide the person’s contact details if requested to do so by an authorised contact tracer. 

(3) In this clause— 

contact details, of a person, means— 

(a) the persons name, and 

(b) the person’s telephone number or email address. 

6.3 Carrying and producing vaccination and household evidence 

(1) A person who would be in breach of a provision of this order in certain circumstances if the person were not a fully vaccinated person, must in the circumstances— 

(a) carry vaccination evidence for the person, and 

(b) produce the evidence if requested to do so by a police officer or authorised officer. 

Note— See the Public Health (COVID-19 Self Isolation) Order (No 3) 2021, clause 19A for other circumstances in which a person is taken to be a fully vaccinated person and the evidence that the person must carry and produce. 

(2) A person who would be in breach of a provision of this order in certain circumstances if the person were not a member of the same household as another person, must in the circumstances— 

(a) carry evidence of the person’s name and place of residence, and 

(b) produce the evidence if requested to do so by a police officer or authorised officer. 

6.4 Information provided under Order must be true and accurate 

1) A person must ensure information is true and accurate if it is provided under this 

Order— 

(a) in response to a request, or 

(b) to Service NSW, or 

(c) to an authorised contact tracer. 

(2) A person must ensure evidence is true and accurate if it is produced in response to a request under this Order. 

6.5 Information exchange 

(1) A government sector agency or a NSW Minister (the first agency) is authorised to collect or use information from, or disclose information to, a related agency if the first agency considers it necessary to do so for the purposes of protecting the health or welfare of members of the public during the COVID-19 pandemic. 

(2) In this clause— 

government sector agency has the same meaning as in the Government Sector Employment Act 2013. 

information includes personal information or health information. 

NSW Minister means a Minister of the State. 

related agency means— 

(a) a government sector agency or NSW Minister, or 

(b) an agency or Minister of the Commonwealth or another State or Territory. 

 

Division 3 Other directions 

6.5A Entering or leaving Greater Sydney 

(1) A person must not enter or leave Greater Sydney without a reasonable excuse. 

Note— See clause 6.6 concerning taking holidays or undertaking recreation in Greater Sydney or outside Greater Sydney. 

(2) A reasonable excuse includes the following— 

(a) entering or leaving to go to the person’s place of residence, or 

(b) doing an activity specified in Schedule 2, other than clauses 9, 10 and 20–23, 

(c) obtaining goods or services if the goods or services— 

(i) are for the personal needs of the person’s household or for other household purposes, including for vulnerable persons or pets, and 

(ii) for a person entering Greater Sydney—the goods or services, or equivalent goods or services, are not reasonably available outside Greater Sydney, and 

(iii) for a person leaving Greater Sydney—the goods or services, or 

equivalent goods or services, are not reasonably available in Greater Sydney… 

(3) This clause is repealed at the beginning of 1 November 2021. 

6.6 Taking holidays or undertaking recreation 

(1) An unvaccinated adult must not take a holiday or undertake recreation outside the local government area in which the adult resides. 

(2) A person who resides in Greater Sydney must not take a holiday or undertake recreation outside Greater Sydney. 

(3) A person who resides outside Greater Sydney must not take a holiday or undertake recreation in Greater Sydney. 

(3) Subclauses (2) and (3) and this subclause are repealed at the beginning of 1 November 2021. 

 

 

Last Updated: 20 October 2021