The information on this page reflects current South Australian equal opportunity laws only.

For advice on other state, territory and Commonwealth laws, visit the website of the relevant authority.

COVID-19 mask wearing requirements

Many businesses require workers and visitors to wear a face mask to prevent the spread of the COVID-19 virus. The requirement may relate to public health or workplace safety measures.

However, some people are unable to wear a face mask due to a disability or medical condition. In most situations, this should not prevent them from going to work, or accessing the same services as those who can wear a face mask.

Businesses should be particularly careful about imposing blanket rules that require all persons to wear a face mask. This will likely disadvantage persons whose medical condition or disability prevents them from wearing a mask, which is a form of indirect discrimination.

COVID-19 vaccination requirements

A person that is unable to receive vaccinations against the COVID-19 virus due to a medical condition or disability has protections under the Act on those grounds.

Businesses should be particularly careful about imposing blanket rules requiring vaccination. This will likely disadvantage persons whose medical condition or disability prevents them from being vaccinated, which is a form of indirect discrimination.

Mask and vaccination exemptions

Some people are medically exempt from the requirement to wear a face mask or be vaccinated against the COVID-19 virus.

Public health directives usually make allowances for exemption holders so that persons living with disability and medical conditions have access to the same services and opportunities as those who can wear a mask or be vaccinated.

Employers and service providers can ask to see a copy of an exemption. However, businesses should be aware that the collection of personal information is also regulated by privacy laws.

Exemption for infectious diseases

The Equal Opportunity Act has an exemption that normally applies when: “ensuring that an infectious disease is not spread, and is reasonable in all the circumstances”.

This means that in certain situations it may be lawful for an employer or service provider to discriminate against a person because they cannot wear a face mask or be vaccinated against the COVID-19 virus.

However, simply stating that an act was done to reduce the risk of spreading the COVID-19 virus does not adequately justify discrimination.

Businesses must undertake their own assessment as to whether the discrimination is necessary to stop the spread of the COVID-19 virus, taking into consideration all available information, including current public health advice and laws, and the nature of its work, work environment, customers and staff.

As we transition to living with the COVID-19 virus it is anticipated that fewer businesses will be able to rely upon this exemption.

I think I’ve been discriminated against

If you cannot wear a mask or be vaccinated because of a disability or medical condition, and this has resulted in discrimination by your employer, a service provider, educational authority or in another area of public life protected by equal opportunity laws, you may be able to lodge a complaint with our office.

If you decide to lodge a complaint with our office, we may ask you for further details, including about your disability or medical condition, and how it prevents you from being vaccinated.

We may also ask you about the information that you provided to the person that you allege has discriminated against you.

Find out more

For advice on current South Australian COVID-19 laws and guidelines, contact SA Health.

For information about COVID-19 in the workplace, visit the websites of Safe Work Australia and the Fair Work Ombudsman.