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12 Jan 2022

Mandatory vaccination: Pubs, clubs, taverns, music events, and casino


The WA Government have introduced directions requiring double-dose vaccination for all patrons at specific venues. The Government has also indicated that more venues will be included in the coming weeks, as the State prepares for 5 February 2022. The directions are made under the Emergency Management Act 2005 (WA) by the Commissioner of Police (unlike the workplace directions which are made under the Public Health Act 2016 (WA) by the Chief Health Officer).

The directions require masks to be worn by all people in the Perth metropolitan area, the Peel region and Rottnest Island entering a residential aged care facility or residential disability facility, hospitals and on public transport, taxi or rideshare services. They also apply to any person who were in that area after on or after 16 December 2021, for a period of 14 days after they leave that area. Substantial exemptions apply to the mask-wearing requirements, including that they are not required in the home, in a single occupant vehicle, during vigorous exercise or consumption of food, drink or medicine, or when not practical due to a particular activity or issue.

The directions also put in place mandatory vaccination for certain venues.

What do the directions require?

For all persons covered by these directions, they must be double dose vaccinated or exempt in order to enter the premises and show proof of that vaccination or exemption.

Which premises do these apply to?

Venues in the Perth metropolitan area, the Peel region, and Rottnest Island that are “high risk venues”. This means any:

  • Nightclubs,
  • Specific hospitality venues provided those venues have a capacity greater than 500 patrons OR are authorised to be open after midnight,
  • Venues operating under a special facility license provided those venues have a capacity greater than 500 patrons OR are authorised to be open after midnight,
  • Venues operating under an occasional license with a capacity greater than 250 patrons,
  • Any place being used for music event with more than 500 patrons,
  • Other specific high risk events, and
  • The gaming floor of the Crown Casino.

At this stage, the directions do not cover restaurants or hospitality venues that are not characterised as a pub or tavern or hotel.

The directions also do not cover Adventure World, Outback Splash or bottleshops. Other directions may now or in the future apply to these people.

Who is covered by the directions?

All patrons including spectators. Staff are not covered by these directions but other directions may apply to them now or in the future. The directions also apply

What exemptions apply?

Persons under the age of 16 years old. Those performing law enforcement that cannot be performed without entering the premises, or that are entering for a medical or emergency purpose.

Proof of vaccination or exemption

Individuals should ensure that they have their accepted proof information with them when attending premises covered by these directions. If you do not have that proof or refuse to show it, a business covered by the directions can deny you entry to the premises or ask you to leave.

“Accepted proof information” means a COVID-19 digital vaccine certificate or Immunisation History Statement, an International certificate issued by the Commonwealth government, written confirmation from the Chief Health Officer or authorised person, or a digital certificate in an approved phone app (which at this stage means the ServiceWA app or Medicare Express app). If you are using an approved app, you do not need to provide an acceptable form of ID, but otherwise, you will be required to do so.

For those with exemptions, you must show an Immunisation History Statement showing a medical exemption recorded on the Australian Immunisation Register and an acceptable form of ID.

Businesses are not required to keep and should not keep records of vaccination or exemption status or proof of that status.

What are the penalties for non-compliance?

Penalties for failing to show your accepted proof information and entering or remaining on the premises in breach of the directions are a fine up to $50,000 for individuals and $250,000 for companies. The same penalties apply for venues that fail to request accepted proof information or allow persons to remain on the premises if they fail to show proof.

If you require assistance in relation to Employment Law, our lawyers can provide advice to you and your business to minimise your future risk. Contact us today by emailing Gemma Wheeler-Carver on gemma.wheeler-carver@hhg.com.au or calling us on (08) 9322 1966

Click here for more legal updates about mandatory vaccinations. 

*This is general information only, and does not constitute specific legal advice. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

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