Publications - COVID-19
Overview of Requirements for Authorised Worker attending a place of work outside LGAs of concern
30 August 2021
This is a summary of the requirements for an Authorised Worker to attend their place of employment which is not located in an area of concern.
Please note that this summary is current as at 30 August 2021 and references the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (Order) made on 28 August 2021.
Additionally, this summary briefly touches upon the conditions under which construction is permitted in Greater Sydney. However, please note that the summary on construction does not include the requirements for constructions workers who reside in an area of concern.
Clause 4.3(1) of the Order permits a person whose place of residence is in an area of concern to leave that area for work purposes if they are an Authorised Worker.
Pursuant to the Authorised Worker list as published by the NSW Government, a person who is employed or engaged to provide services that are necessary for construction is considered to be an Authorised Worker.
Requirements for Authorised Worker
The Order imposes additional requirements on Authorised Workers needing to leave the area of concern they reside in to attend work which is outside that area.
These requirements include that an Authorised Worker:
- must not leave the area of concern for work without a permit issued by Service NSW (clause 4.3(2));
- does not require a permit for the provision of an emergency service (clause 4.3(2A));
- must not, where that worker is at least 16 years of age, leave the area of concern for work unless the worker has had at least 1 does of a COVID-19 vaccine or has been issued with a medical contraindication certificate (clause 4.3(3)); and
- must, when leaving the area of concern for work, carry the required evidence and produce the required evidence for inspection if requested by the worker’s employer, the occupier of the worker’s place of work, a police officer, or an authorised officer (clause 4.3(3A)).
Required evidence is defined at clause 4.3(4) as:
- evidence showing the worker’s name and place of residence; and
- the worker’s vaccination evidence (i.e. online immunisation history statement or COVID-19 digital certificate from the Australian Immunisation Register).
There are limited exceptions to these requirements. Further to clause 4.3(3D), subclauses 3 and 3A of the Order do not apply to an Authorised Worker before 6 September 2021, and clause 4.3(3C) states that this clause does not apply to a person if the person has not been in the area of concern during the previous 14 days.
Travel Registration – General Information
As mentioned above, an Authorised Worker must not leave the area of concern for work without a permit issued by Service NSW. This type of permit is known as a “workers permit”.
According to the Service NSW website, Travel Registration is valid for a maximum of 14 days and the Authorised Worker will need to reapply if they are travelling for more than 14 days or their travel dates change or need to be amended.
The Authorised Worker will need to carry the Travel Registration and supporting documents at all times and will need to provide these to the NSW Police if requested. Supporting Documents may include a letter from the Authorised Worker’s employer which includes:
- employer details and the Authorised Worker’s details;
- what work the Authorised Worker undertakes and the reason for the need to travel; and
- the Authorised Worker’s hours of work (i.e. 8.30am to 5.30pm, Monday to Friday)
To access the Online Travel Register with Service NSW please click here.
Restrictions on Construction sites
Division four (clauses 5.7 to 5.8) of the Order details the maximum number of persons permitted on constructions sites in Greater Sydney as being the lesser of:
- 1 person per 4 square metres of space on the construction site; or
- for a construction site with a resourcing plan – 50% of the maximum daily workforce of the construction site.
Maximum daily workforce for a construction site means the maximum number of workers at the construction site on any day during the project life cycle, derived from the resourcing plan for the construction site.
The NSW government defines construction site as a place where:
- work, including related excavation, is being carried out to erect, demolish, extend or alter a building or structure; or
- civil works are being carried out;
- but does not include work in a home where people are living.
Given the narrow definition of a construction site in the Order, being a place where actual building or civil works are being carried out, an offsite office that administers that construction site is not considered to be a construction site for the purposes of the Order.
In respect of the workers/employees who are usually employed in an office but undertake tasks and activities that support the construction industry, those employees are subject to the same stay-at-home orders, being that where the work cannot be performed at their place of residence, then they are permitted to attend their office subject to the COVID-19 vaccination requirements and Authorised Worker requirements.
Where a construction worker resides in an LGA of concern, they are considered an Authorised Worker and are subject to additional restrictions. Those additional restrictions are found at clause 5.8 of the Order.
Workers authorised to visit place of residence
Pursuant to clause 3.11, workers are permitted to visit a place of residence in a stay-at-home area to complete prescribed work and work other than prescribed work, subject to a restriction on workers.
The NSW Government defines prescribed work as renovation (alterations or additions), repair, maintenance or cleaning work. This includes maintenance services such as gardening, swimming pool, and pest control services. Prescribed work does not, however, include renovations at unoccupied homes. The provisions for construction apply to renovations at unoccupied homes.
Accordingly, a worker is authorised to visit a place of residence in a stay at home area to carry out prescribed work if:
- the prescribed work is necessary; or
- for prescribed work carried out in an outdoor area of a place of residence, other than necessary work, no more than five workers are in the outdoor area at any one time; or
- for prescribed work carried out in an indoor area of the place of residence, other than necessary work, no more than two workers are in an outdoor area in the place of residence at any one time, and no person, other than another worker, is in the same room as the worker when the worker is carrying out the prescribed work.
Prescribed work is necessary if the work is:
- urgently required to be carried out to ensure the health, safety or security of the place of residence or persons residing at the place of residence or because of an emergency;
- for the installation, maintenance or repair of an essential utility or fire protection and safety;
- for cleaning or repairs and maintenance at a place of residence that is unoccupied when the work is being carried out and because it is necessary for the sale or lease of the place of residence.
If the work is to be undertaken in an outdoor area of the place of residence, no more than five workers are in the outdoor area at any one time.
Where can I find more information?
To access the Order please click here.
To access additional information on Authorised Workers please click here.
To access the Service NSW website please click here.
For more of our COVID-19 legal alerts, updates and publications, please click here. Alternatively call us on +61 2 9233 7299.