To deal with the public health risk of COVID-19 and its possible consequences, the Minister for Health and Medical Research has made a number of Orders, under section 7 of the Public Health Act 2010. Orders can be amended frequently. For the most up to date Orders, and the history of each Order, visit NSW Legislation – COVID-related legislation.

Vaccination

Health care workers

The Public Health (COVID 19 Vaccination of Health Care Workers) Order 2021 commenced on 26 August 2021. The Order establishes mandatory requirements for health staff and persons working in health settings to be vaccinated with a COVID-19 vaccine.

The Order requires the first dose of a vaccine by 30 September 2021, with a second dose required by 30 November 2021

The Order applies:

  • in the public sector, to persons who work for the NSW Health Service, for a public health organisation, the Health Administration Corporation and Ambulance Service of NSW, as well as staff of the Ministry of Health
  • in the private sector to a person who does work in a private health facility, being a private hospital or day procedure centre
  • in the private sector, to registered paramedics whose work involves transporting, or assessing whether to transport, persons to and from a public or private health facility
  • another person, or a person belonging to a class of persons, who does work specified by the Chief Health Officer as the work of a health care worker for this Order in a notice published on the website of NSW Health.

Work is defined broadly to cover employees, contractors, VMOs, visiting practitioners, volunteers and students undertaking clinical placements.

The Order does not include private primary care providers such as GPs.

The Public Health (COVID-19 Vaccination of Health Care Workers) Amendment Order 2021 excludes the following health care workers from mandatory vaccination:

  • a worker who is doing work for a public health organisation (local health district, statutory health corporation or an affiliated health organisation), the Health Administration Corporation, the Ambulance Service of NSW under a contract of service or a contract for services
    and
  • the work does not involve the provision of a health service (within the meaning of the Health Services Act)
    and
  • the person doing the work is not physically present, while doing the work, at premises operated by the public health organisation, Health Administration Corporation, Ambulance Service of NSW or Ministry of Health.

The Chief Health Officer approved a new class of persons who fall within the definition of a ‘health care worker’ and are therefore required to meet the first dose vaccination requirements, with an exemption in place to extend the time for vaccination.

The new class of health care worker is:

    • A person providing services pursuant to a ministerial approved grant under the NGO  grant program OR a program grant (excluding program grants where the service does not directly involve the provision of health or clinical services). In both cases, the grant are grants provided under the NSW Policy Directive 2019_013 Administration of NSW Health Grant Funding for NGOs

An exemption has been made to allow a person in this class to continue work until 20 October 2021 (instead of 30 September 2021) without being vaccinated but only if:

    • The worker has received an appointment to receive a dose of the vaccine on or before 20 October 2021, and
    • Provides evidence to an authorised person (eg the employer or occupier) of that appointment.

Employers are responsible for taking reasonable steps to ensure workers comply with the Order.

Workers will need to provide evidence of having received a COVID-19 vaccination if requested to do so by their employer. Employers will be able to request this information.

An exemption is available for a worker if they are unable to be vaccinated a due to a medical contraindication.

Workers will be required to provide evidence of a medical contraindication via a certificate from a medical practitioner, in a form approved by the CHO, that specifies the medical contraindication.

There is an exemption that will apply if a person needs to do work in a medical emergency or non-medical emergency.

The Minister may exempt other persons from these requirements, but only if satisfied it is necessary to protect the health and well-being of patients in the facility

Aged care facilities

The Public Health (COVID-19 Aged Care Facilities) Order 2021 requires staff (including contractors) of a residential aged care facility (RACF) and persons engaged by the operator to provide services, including health practitioners engaged by the operator, to have received the first dose of the COVID-19 vaccination in order to enter or remain at the RACF after 9am on 17 September 2021.

The Order also requires students on placement and health practitioners engaged by a resident to have received the first dose of the COVID-19 vaccination in order to enter or remain at the RACF after 9am on 31 October 2021.

Workers will need to provide evidence of having received a COVID 19 vaccination if requested to do so by their employer. Employers will be able to request this information.

An exemption is available for a worker if they are unable to be vaccinated in the rare situation of a medical contraindication. Workers will be required to provide evidence of a medical contraindication via a certificate from a medical practitioner, in a form approved by the CHO, that specifies the medical contraindication.

There is an exemption that will apply if a person needs to do work in a medical emergency or non-medical emergency.

The Minister may exempt other persons from these requirements, but only if satisfied it is necessary to protect the health and well-being of patients in the facility

Education and Care Workers

The Minister has made the Public Health (COVID-19 Vaccination of Education and Care Workers) Order 2021. The Order requires vaccination of education and care workers, including teachers and education providers as well as:

  • Workers who undertake maintenance at schools, asset workers that plan and maintain school assets;
  • Family day care;
  • Non-government school employees;
  • Early childhood educators;
  • Contractors engaged by schools and early education and care facilities;
  • Drivers and Assisted Transport Support Officers engaged by DoE to provide disability support services under the Assisted School Travel Program of the DoE;
  • Vocational Education and Training providers working on school and early education and care facility sites;
  • NSW TAFE teachers and assessors that work on school and early education and care facility sites; and
  • University practicum students.
  • Disability support workers working on school or early education and care facility sites;

The Order requires these workers to have both doses of COVID-19 vaccination by 8 November 2021. An exemption is available for a worker if they are unable to be vaccinated in the rare situation of a medical contraindication. Workers will be required to provide evidence of a medical contraindication via a certificate from a medical practitioner, in a form approved by the CHO, that specifies the medical contraindication.