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UPDATE – NSW educator vaccination requirements legislation – Effective date extended to 6 September 2021

Jason Roberts

Aug 23, 2021

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The New South Wales Minister for Health and Medical Research has formally presented legislation that captures the health measures being introduced by the state to combat the COVID-19 outbreak effective 6 September 2021.

With regards to the early childhood education and care (ECEC) sector the new vaccination related rules for educators who live or work in places designated as “areas of concern” are as follows:

An educator must not enter or remain at work unless they have had at least one dose of a COVID-19 vaccine or has been issued with a medical contraindication certificate.

All educators, when entering their workplace, must carry evidence of their vaccination or contraindication certificate and be ready to produce it when requested by their employer, police or authorised officer.

The rules will come into force on 6 September 2021, afterwich educators, and their employers, will be expected to comply.

The penalties associated with non-compliance are understood to be $1,000 for individuals and $5,000 for corporations as per the current Penalty Notice legislation.

For the avoidance of doubt the current LGA’s listed as areas of concern across NSW are; Bayside, Blacktown, Burwood, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool, Parramatta, Strathfield and Penrith for the following suburbs, Caddens, Claremont Meadows, Colyton, Erskine Park, Kemps Creek, Kingswood, Mount Vernon, North St Marys, Orchard Hills, Oxley Park, St Clair and St Marys.

To read the legislation please click here, the penalty notice schedule here and the areas of concern list here.

*As an attribution for the source legislation for this article we would like to thank ECEC advocate and consultant Lisa Bryant for drawing it to our attention.

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