A WA parliamentary question addresses COVID-19 legal requirements for small businesses, specifically regarding providing a COVID-free environment and refusing entry to unvaccinated customers. The response clarifies obligations under the Emergency Management Act and existing rights.

AnsweredQoN 587Legislative Council
Asked
31 August 2021
Portfolio
Small Business

QuestionView source ↗

CORONAVIRUS —
SMALL BUSINESS — LEGAL REQUIREMENTS
587. Hon Dr STEVE THOMAS to the parliamentary secretary representing the
Minister for Small Business:
(1) Under the
current state of emergency measures, are small businesses in Western Australia
required to provide a COVID-free environment to staff, clients and customers?
(2) If yes to (1), what risks or penalties are small
businesses faced with if they fail to do so; and, if not, why not?
(3) If yes to (1), are WA small
businesses able to refuse entry to COVID-unvaccinated customers?
(4) Has any health advice been
provided regarding this issue?
(5) If yes to (4), will the
parliamentary secretary table this advice; and, if not, why not?

AnswerView source ↗

I thank the member for some notice
of the question. I provide the following response on behalf of the Minister for
Small Business.
(1)–(2) Western
Australian businesses are required to comply with certain directions issued
under the Emergency Management Act 2005. The
COVID Safe (Phase 5) Directions require that the person responsible for a relevant
venue or premises have a COVID safety plan in place. A COVID safety plan
includes safety measures such as maintaining hygiene standards, conducting
frequent cleaning and carefully managing shared spaces to ensure physical distancing. The Contact Register
Directions (No 3) require that the person responsible for a relevant venue or premises must request each person
entering the premises to provide contact registration information.
(3) Small businesses maintain their right to refuse
entry to anyone so long as it does not unlawfully discriminate.
(4) No.
(5) Not applicable.

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