COVID-19 Public Health Response (Required Testing) Amendment Order (No 4) 2021

  • Explanatory note updated on 18 October 2021.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order amends the COVID-19 Public Health Response (Required Testing) Order 2020 (the principal order) and comes into force at 11.59 pm on 17 October 2021.

This order imposes COVID-19 testing requirements that apply to affected education services in the alert level 3 area. The affected education services are early childhood services (not including playgroups), registered schools, and hostels. The requirements are as follows:

  • an affected person who is, from the time this order comes into force, physically attending or performing work or providing a service onsite at an early childhood service, or a hostel, must provide to the relevant PCBU no later than 26¬†October 2021 a negative result from a test for COVID-19 or proof of a medical exemption under clause 8(1) from the requirement to take a test:

  • an affected person must not physically attend or perform work or provide a service onsite at an affected education service, other than a home-based education and care service, unless they have provided to the relevant PCBU a negative result from a test for COVID-19 or proof of a medical exemption obtained within the previous 5 days:

  • an affected person must not operate a home-based education and care service after 26¬†October 2021 unless every person over the age of 12 years who resides there has provided to the relevant PCBU a negative result from a test for COVID-19 or proof of a medical exemption:

  • until 1 January 2022, a person who is entitled to physically attend or perform work or provide a service onsite at an affected education service under the terms of these requirements, but has not been vaccinated (as defined in the COVID-19 Public Health Response (Vaccinations) Order 2021), can continue to physically attend or perform the work or provide the service there on the condition that they provide to the relevant PCBU a negative result from a test for COVID-19 at least once every 7 days until they have been vaccinated. In the case of a home-based education and care service, that information must be provided to the relevant PCBU (in relation to the affected person who provides the service) by every affected person who resides in the home where the service is provided.

The terms used in this order to define an affected education service, and related terms, are defined in section 10(1) of the Education and Training Act 2020.

For the purposes of the testing requirements set out in this order, the following are affected persons:

  • employees of an affected education service:

  • persons performing work or providing a service at an affected education service, including a volunteer or an unpaid worker, who may have contact with children or students in the course of performing the work or providing the service:

  • in the case of a home-based education and care service, persons over the age of 12 years who reside in the home where the service is provided.

A failure to comply with the testing requirements is an infringement offence under section 26(3) of the COVID-19 Public Health Response Act 2020 (the Act) for which a person is liable to an infringement fee of $300 or a fine not exceeding $1,000.

This order must be approved by a resolution of the House of Representatives before the expiry of the period described in section 16(2) of the Act. If this does not happen, the order is revoked on the expiry of that period.