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ARTICLE · 08 DECEMBER 2021

Is it legal for businesses to refuse entry based on vaccination status?

You can refuse entry to a person based on vaccination status except if that unvaccinated person holds a valid medical exemption.

AustraliaCoronavirus (COVID-19)

The New South Wales government says that despite yet another variant of the COVID-19 virus, labelled Omicron, finding its way onto Australian shore, the ‘freedoms' returned to the state's residents will remain in place and that, from 15 December 2021, those who have chosen not to be fully vaccinated will be on the same footing as those who have.

And while most long-struggling businesses are expected to welcome unvaccinated persons from that date, the question remains as to whether businesses will be able to legally refuse entry based on vaccination status.

The short answer to the question is: a business owner has the legal right to refuse entry to a person based on vaccination status (whether on grounds of being vaccinated or unvaccinated), but cannot refuse entry on that basis to an unvaccinated person who holds a valid medical contraindication (exemption).

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