After more than 12 weeks of lockdown and restrictions (since 26 June 2021), the NSW Government has issued its new NSW Public Health Order (COVID-19 Vaccination of Education and Care Workers) Order 2021. The main aspect of this new NSW Public Health Order is the (anticipated) requirement for all individuals who work at all early childhood education and care (ECEC) services across New South Wales to:
- be fully COVID vaccinated (ie 2 doses of a COVID-19 vaccine) by 8 November 2021 (see Clause 4(1)(a) of the NSW Public Health Order); or
- have been issued a medical contraindication certificate (ie temporary exemption) (see Clause 4(1)(b) of the NSW Public Health Order).
HOW IS WORK FOR ECEC SERVICES DEFINED
Such work (see Clause 2(1) of the NSW Public Health Order) includes:
- work done under a contract of service or contract for services;
- work done as a volunteer;
- work done by a student on a student placement; and
- work done on a temporary basis, including while acting in or filling an office or other role because of a vacancy or absence.
WHO WITHIN THE ECEC SERVICE WILL BE RESPONSIBLE?
The new NSW Public Health Order places this responsibility onto a responsible person or a person authorised by a responsible person. This responsible person is defined as the person who employs or engages the worker to carry out relevant work.
Moreover, the responsible person or a person authorised by a responsible person has been given the power to receive the worker's vaccination evidence upon request (see Clause 4(2) of the NSW Public Health Order).
EXCEPTIONS
Other than a medical contracindication certificate (ie temporary exemption), only education and care workers who carry out relevant work in an emergency do not need to have 2 doses of a COVID-19 vaccine or have a medical contraindication certificate (see Clause 4(4) of the NSW Public Health Order).
PRIORITISED VACCINATIONS FOR ECEC
ECEC personnel have access to the following to access prioritised COVID vaccinations:
- priority COVID-19 vaccinations for 16-59 years old
- priority COVID-19 vaccinations for early childhood in LGAs of concern
- priority COVID-19 vaccinations for authorised workers
DO YOU HAVE DIFFICULTIES COMPLYING WITH FULL COVID VACCINATION BY 8 NOVEMBER 2021?
The Australian Childcare Alliance (ACA) NSW has been collecting feedback from services and educators/teachers/staff who are experiencing difficulties complying with full COVID vaccinations by 8 November 2021. If you have not yet provided your feedback, you can still do so via the survey form here or below.
FINES AND/OR PENALTIES
In addition to on-the-spot fines for individuals and corporations of between $40 to $1,000, fines and penalties for breaching NSW Public Health Orders are also in the order of up to $11,000 and $55,000 for individuals and corporations respectively, and a possible daily fines of up to $5,500 and $27,500 for individuals and corporations respectively, as well as possible imprisonment for up to 6 months.
OTHER COVID-19 RELATED RESTRICTIONS
At this stage, it would appear this new NSW Public Health Order is to be applied in parallel to other NSW Public Health Order(s). In which case, ACA NSW strongly recommends that the COVID-19: Latest Restrictions announced (11 September 2021) be also observed.
Should you require any further information or clarification, please contact:
- Service NSW on 13 77 88; or
- NSW Health on (02) 9391 9000; or
- your Local Public Health Unit (https://www.health.nsw.gov.au/Infectious/Pages/phus.aspx); or
- your local NSW State Member of Parliament; or
- the ACA NSW team on 1300 556 330 or nsw@childcarealliance.org.au.
And for all COVID related information for the early childhood education and care sector, please visit ACA NSW's COVIDwatch.
PUBLISHED: 24 SEPTEMBER 2021