A message from the Partners of Pigott Stinson
Over recent weeks, and especially over the last week, our firm has received many enquiries about COVID-19 vaccinations and how they will affect club operations. Those issues broadly concern two groups: – employees and those using the club premises (ie members and guests.)
To assist clubs at this time, we have prepared this update on issues relating to employees. We will be preparing another update for members and guests, and a final update on privacy, record keeping and policies.
We also briefed Mr Ian Neil SC to work with us in preparing this newsletter. Mr Neil was a solicitor at Pigott Stinson prior to being a barrister. He is one of the nation’s leading employment law barristers, and also practices in administrative, corporate and commercial law.
The NSW Government have announced that all persons who work or want to attend a club must be fully vaccinated from when clubs across the State can open. At this time, the date that clubs are working to is 11 October, being the first Monday after at least 70% of the population aged over 16 years are fully vaccinated.
Presumably, this will be codified in a public health order or orders.
However:
- at this time, we do not know what the final form of the orders will take, and whether all aspects of a club’s operations will be covered by the orders;
- based on the most recent announcements, it appears that whatever form the initial orders take, from 1 December 2021 those orders will not prohibit persons who are not fully vaccinated from attending clubs, either for work or leisure; and
- some clients have sought advice on how they can implement their own polices in relation to vaccination.
Of course, a newsletter like this can only provide general information and cannot give legal advice on specific circumstances or matters. Please call a member of the team if you have any specific questions, or want to discuss how this information can apply to your club. However, you can rest assured that this article gives you the law as it exists today.