You may be confused and worried about the constant complex and evolving NSW COVID-19 public health orders. This factsheet will provide useful information to address all the changes happening in Greater Sydney in light of the recent Delta outbreak to inform you about your rights and responsibilities.  


For those residing in the Local Government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool, and Parramatta (‘affected LGA’s’), you must wear a mask at all times when outside your home. 

If you live outside the affected LGA’s, you must wear a mask when you are:

  • In any indoor area that is not your residential premises.
  • In any indoor common property areas such as apartments.
  • In a public transport waiting area and on all public transport.
  • In a major recreation facility.
  • At a COVID-19 safe controlled outdoor/public gathering.
  • In any workplace dealing with members of the public.
  • In any indoor or outdoor area of a market in Greater Sydney that predominantly sells food (such as Flemington Sydney Markets and Sydney Fish Market).
  • Outdoors next to or near food, drink, or retail premises in Greater Sydney (such as queuing outside a café or collecting takeaway food or drink).
  • Working in an outdoor area in Greater Sydney.
  • In an outdoor area in the above-mentioned local government areas.

In all areas of Greater Sydney, you are permitted to remove your face covering under the following circumstances:

  • Eating or drinking.
  • Engaging in strenuous outdoor physical exercise.
  • Communicating with an individual who is deaf or hard of hearing.
  • Working purposes if wearing a face covering causes difficulty in communication.
  • For identification purposes.
  • In the case of an emergency.
  • To provide goods or services.
  • If you are in custody or at a correctional centre.
  • If you are a patient at a hospital/health facility
  • If you are a resident in an aged care facility.
  • If you are a student at school.
  • In your own room at a hotel, motel, or accommodation facility.
  • If you are in the process of getting married.
  • Working alone in an indoor area.
  • If you are in a vehicle alone or with another person who is a member of your household or your nominated visitor.

Children aged 12 or under do not have to wear a face covering. 

If you have a physical or mental health illness or condition, or disability, that makes wearing a fitted face covering unsuitable, you do not have to wear a mask. However, you are required to show proof to a police officer offer if requested. This could be in the form of a letter from your general practitioner or NDIS provider.

Failure to comply with the above face covering order will result in a $500 fine for individuals, and a $1,000 fine for corporations.


Under the current lockdown orders, an individual living in Greater Sydney must not leave their home without a reasonable excuse. A list of all reasonable excuses can be found below:

  • Obtaining food, goods, or services for personal needs or for the needs of a vulnerable person. If you reside in the affected LGA’s, this may only be done within 5km of your home. If the food, goods, or service is not reasonable available, the individual may leave the 5km radius to obtain it. 
  • For the purposes of work if you are an ‘authorised worker’. An exhaustive list of ‘authorised workers’ can be found in the following link: Authorised workers | NSW Government 
  • Attending children including picking up and dropping off another person at childcare.
  • Attending school or educational institution if learning cannot be conducted from person’s home.
  • Undertaking exercise or outdoor recreation within 5 kilometres of the person’s home. 
  • Obtaining any form of medical care.
  • Attending a small funeral or memorial service. Please note that you may only attend a small funeral or memorial service outside Greater Sydney if the deceased is your spouse, de facto partner, parent, child or sibling.  
  • Moving to a new place of residence, a new business premises, or inspecting a potential new place of residence. 
  • Providing care or assistance to a vulnerable person.
  • Donating blood.
  • Undertaking any legal obligations.
  • Accessing public services such as social services, employment services, domestic violence services, mental health services and victim services.
  • Visiting parents, children, or siblings to comply with new or existing family arrangements.
  • To avoid any injury, illness or to escape a risk of harm. This exemption allows for victims of domestic violence to seek refuge elsewhere. 
  • If you are an individual’s nominated visitor. Please note that a nominated visitor must live within 5 kilometres of the individual. 
  • For compassionate reasons, where 2 persons are in a relationship but do not necessarily live together.


All construction on work sites has been ceased in the affected LGA’s unless the work is urgently required for the following purposes:

  • To ensure the safety or security of the construction site.
  • To deal with environmental risks.
  • To maintain and ensure the integrity of critical plant, equipment, or assets, including partially completed works, that would otherwise deteriorate.
  • To receive deliveries of supplies that would otherwise deteriorate.
  • To maintain public utilities.
  • To ensure the safe operation of existing transport infrastructure.
  • By or on behalf of NSW Health in response to the COVID-10 pandemic.
  • Emergency purposes. 


If you are 18 years or older, you must carry evidence of your place of residence and produce it to police if requested. 

It is an offence to not comply with the NSW public health orders outlined in this factsheet. This factsheet is not legal advice. If you have a problem, please contact our team on (02) 9018 1067 to obtain legal advice.

Birchgrove Legal is a boutique Sydney law firm at the cutting edge of innovative approaches to serving clients across its practice areas and industry sectors. The firm continues to achieve significant outcomes for our clients in a range of criminal law matters. If you are looking for an experienced, highly skilled and pragmatic legal team that defends client interests like their own, contact us today.

Moustafa Kheir

Principal Solicitor

Hamza Alameddine

Principal Solicitor