CLARIFICATION: Latest facemasks & the square metre rules

Recent COVID-19 outbreaks in NSW has prompted the NSW Government to update their Public Health Orders.


These may have confused NSW-based early childhood education and care services, and hence this Member Alert is to help clarify the latest NSW Government rules on facemasks and the number of individuals per square metre.


The current NSW Public Health Order (as of 22 June 2021) provides NSW-based early childhood education and care (ECEC) services with the following exemptions:


  1. In accordance with Schedule 2, Item 11 - child care facilities (ie ECEC services) are deemed as exempted gatherings;
  2. In accordance with Section 11(2)(g) - ECEC services are exempt from the restrictions on the number of persons allowed on ECEC premises;
  3. In accordance with Section 31 of the above Public Health Order, ECEC services are still required to:
    • the collection and recording in electronic format the name and telephone number of all persons and parents of any child who visit the early childhood education and care service (as Specified Premises);
    • the retention of at least two persons who can be contacted at any time, including at night, for at least 28 days after the visit to provide the information referred to above;
    • the Approved Provider or Nominated Supervisor must, on request, provide the abovementioned records to the Chief Health Officer, or an authorised officer within the meaning of the NSW Public Health Act 2010, as soon as practicable, but no later than 4 hours, after the request is made; and
    • the Approved Provider or Nominated Supervisor must cooperate with NSW Health in relation to contact tracing if NSW Health request cooperation.

These above reinforce and do not conflict with the existing advice from the NSW Department of Education (dated 4 January 2021) that:


  • children under 12 years old are exempt from any requirements to wear face masks; and
  • children over 12 years old as well as educators and staff at ECE services are not required to wear face masks whilst education and care is being provided.

And as previously established, QR codes continue to NOT be mandatory for NSW early childhood education and care services.


Please note that depending on the risks relating to COVID outbreaks, the NSW Government could amend their Public Health Orders at any time.


That said, the Australian Childcare Alliance NSW will try and provide appropriate updates to members in as timely a manner as possible.


PUBLISHED: 23 JUNE 2021

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