No Need to Notify SafeWork NSW of Positive COVID after 20 January 2022, but ...

ACA NSW confirms that there is an Exemption (effective 20 January 2022) to the Clause 11 of NSW Public Health (COVID-19 Self-Isolation) Order (No 4) 2021 (released on 12 January 2022 but was first introduced on 4 December 2021).


However, upon clarification from SafeWork NSW, notification to SafeWork NSW from employers of employees diagnosed with COVID-19 AND was hospitalised who attended the workplace is still required for those circumstances prior to 20 January 2022 normally within 24 hours of being aware of the circumstances.


Should ECEC services be required to notify SafeWork NSW, the following information will be sought and questions answered:


  1. Your ECEC service address
  2. Has the affected areas of the workplace been appropriately cleaned and disinfection taken place?
  3. Does the workplace have a COVID safe plan or similar plan in place? 
  4. Does the workplace have a QR code or similar check-in process in place?
  5. Is the COVID-19 vaccine mandatory for workers in the workplace? 
  6. Notifier's details (including role, name, e-mail address)
  7. Details of workers who contracted COVID-19 in the workplace (via a spreadsheet or manual upload)
  8. ECEC service's ABN, business name, industry classification (ie "Education & Training"), contact number, e-mail address

The penalties for non-compliance of that requirement for an individual is potentially $1,000 and up to $55,000 for the ECEC service.


Members can refer to ACA NSW's "Is your service COVIDready?" for all legal and regulatory obligations, references, tools and frequently asked questions and answers that are relevant to ECEC services.


ACA NSW will continue its discussions with governments seeking a more harmonised approach to knowing all governments' requirements. Equally, ACA NSW is seeking a more reasonable level of ECEC service level contribution to comply with governments' requirements, especially in addressing the COVID-19 pandemic. 


For any further information/clarification, members can contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au. 


PUBLISHED: 21 JANUARY 2022

UPDATED: 25 JANUARY 2022

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