Celebrating the Festive Season with More of our Loved Ones

With Christmas around the corner, the way we all celebrate the festive season will no doubt be different due to the global pandemic of COVID-19 that we have all been managing this past year. The NSW Government has recently announced and implemented further easing of restrictions on gathering and movement to allow residents of NSW celebrate the festive season with more family and friends.

The Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 6) 2020 (NSW) ('the Order')

The current Order commenced this week on 1 December 2020.  The Explanatory note of the Order states that the object of this current Order is to revoke and remake, with some changes, the previous Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 5) 2020 – with the notable changes relating to the following:

(a) the maximum number of persons allowed on residential premises;

(b) the maximum number of persons allowed at hospitality venues; and

(c) the maximum number of persons allowed at outdoor public gatherings and at controlled outdoor public gatherings.

Residential Premises

Households are allowed 50 visitors to be at the place of residence of the household at any one time (Clause 16(1)) – though NSW Health recommends a maximum of 30 visitors if the place of residence does not have any outdoor space.  Also, visitors must not participate in a gathering at a residence consisting of more than 50 visitors (Clause 16(2)) – exemptions being for a wedding, funeral or memorial service and for the viewing or inspection of real property for sale or lease or an auction.  This increase in the permissible number of visitors to a household's place of residence will be comforting to families and extended families who have been separated during these trying times.

Hospitality Venues

The occupier of a hospitality venue with a space of more than 200 square metres must ensure that –

  1.  
  2. if the hospitality venue consists of 2 or more separate areas, the maximum number of persons in each of the areas is the lesser of:
    1.  
    2. 300 persons; or
    3.  
    4. 1 person per 2 square metres of space that is an outdoor area, and 1 person per 4 square metres of space that is an indoor area (Clause 9(1) and (2)).
     
  4. for a  hospitality venue not consisting of 2 or more separate areas, the maximum number of persons on the premises is the lesser of:
    1.  
    2. 300 persons; or
    3.  
    4. 1 person per 2 square metres of space that is an outdoor area, and 1 person per 4 square metres of space that is an indoor area (Clause 9(1) and (3)).

The occupier of a hospitality venue with a space of not more than 200 square metres must ensure that the maximum number of persons in the venue is the number of persons equivalent to 1 person per 2 square metres of space in the venue (Clause 9(4)).

The occupier of a hospitality venue must ensure that for a significant event on the premises – a booking or reservation for the event does not consist of more persons than the maximum number permitted to attend the event:

  1.   
  2. for a corporate event – the lesser of 300 persons or as permitted by the space of the premises applying the 4 square metre rule per person (Clause 9(5)(a) and Clause 17(2));
  3.   
  4. for a funeral or memorial service –  the lesser of 300 persons or as permitted by the space of the premises applying the 4 square metre rule per person (Clause 9(5)(a) and Clause 17(3));
  5.   
  6. for a religious service (indoors) – the lesser of 300 persons or as permitted by the space of the area applying the 4 square metre rule per person (Clause 9(5)(a) and Clause 17(4)); for a religious service (outdoors) the lesser of 500 persons or as permitted by the space of the area – where allocated seating: 1 person per 2 square metres, otherwise 1 person per 4 square metres (Clause 9(5)(a) and Clause 17(5));
  7.   
  8. for a wedding service – the lesser of 300 persons or 1 person per 4 square metres of space in the area for an indoor wedding and, 300 persons or 1 person per 2 square metres of space in the area for an outdoor wedding (Clause 9(5)(a) and Clause 17(6)).

Otherwise – an individual booking or reservation for a group entering or on the premises must not consist of more than 30 persons (Clause 9(5)(b)).

Persons must also remain seated (Clause 9(5)(c)) and the hospitality venue must have a COVID-19 Safety Hygiene Marshal on the premises if there are more than 250 persons in the area (Clause 9(5)(d)).

A person who enters a hospitality venue to consume food and drink on the premises is still required to provide the person's contact details to the occupier of the premises (Clause 34(1)).  Equally the occupier of the premises must require a person to provide the person's contact details (Clause 34(2)) to Service NSW or the occupier of the premises by electronically registering the person's contact details by means of a mobile telephone or other device at the time the person enters the premises (Clause 34(3)).

Outdoor Public Gatherings

Persons must not participate in an outdoor public gathering of more than 50 persons (Clause 26).

Controlled Outdoor Public Gatherings

A controlled outdoor public gathering means an outdoor public gathering in an area bounded by a fence or barrier and access of which is controlled by way of a ticket (Clause 27(1)).  An organiser of a controlled outdoor public gathering must have and comply with a COVID-19 Safety Plan and have that Safety Plan available for inspection by an authorised officer or a police officer (Clause 27(2)).

The organiser of a controlled outdoor public gathering must require that all persons participating in the gathering, other than those working, are assigned to specific seats or seating area (Clause 27(3)) and must ensure that the maximum number of persons participating in the gathering is the lesser of:

  1. 3000 persons and
    1. for a gathering at which all persons (who are not working) are assigned to specific seats – 1 person per 2 square metres of space in the enclosed area; or
    2. for other gatherings – 1 person per 4 square metres of space in the enclosed area (Clause 27(4)).

The controlled outdoor public gathering also cannot be for more than 5 hours in duration (Clause 27(5)).

Work

The directive that an employer must allow their employees to work at their employees' place of residence if it is reasonably practicable to do so remains in the current version of the Order (Clause 6).

Stay Safe and Be Well during the Festive Season

The notable recent measures implemented in NSW to further ease restrictions on gathering and movement for the upcoming festive season is a major boon for our community in what has been a tough year.  The joy of reconnecting with family and friends will need to be approached with equal care as has been adopted in the past, with appropriate safeguards preserved including: maintaining good personal hygiene, adhering to the requirements to sign into establishments for contact tracing purposes, staying home if COVID-19 symptoms are experienced and, not delaying in being tested for COVID-19.  Let's make this season a jolly one by maintaining COVID-safe practices – truly, it's beginning to look a lot like Christmas!

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