People caught forging COVID-19 vaccination certificates face heavy fines of up to $11,000 and even imprisonment after a recent change to NSW public health orders. PATRICK GETTRUST from RMB Lawyers explains.
By now, everyone should know what a COVID-19 vaccine certificate is and how to get one.
As part of the NSW Government’s plan to open the economy after two years of lockdowns and restrictions forced by the pandemic, a person who is required to be fully vaccinated to enter a premises must carry their vaccination evidence in their phone or in printed form, and produce it if requested to do so by a police officer or authorised officer.
Failure to do so may result in being refused entry to many premises.
Employers can also require their employees to provide evidence of vaccination status in particular circumstances. Generally, the employer must seek their employee’s consent and the collection of this information must be reasonably necessary for one or more of the employer’s functions or activities, unless an exception applies.
However, the employer may be able to require staff to disclose their vaccination status without consent if the collection of this information is required or authorised by an Australian law.
This need for a vaccination certificate has encouraged some people who are not fully vaccinated to consider attempting to forge their own vaccination certificates.
Apart from the obvious public health concern with such a dishonest action, this is an extremely foolhardy endeavour after recent changes to the law in NSW concerning falsifying of such documents.
NSW Health Minister Brad Hazzard recently signed a public health order which specifically prevents a person from forging their vaccination status. It is now illegal to present a false COVID-19 vaccination certificate or use another person's information to enter venues in NSW.
This amendment to the NSW health order states a person "must not provide, display or produce another person's information or evidence, including vaccination evidence".
Breaching public health orders can lead to a maximum penalty of an $11,000 fine or six months imprisonment. If you aren’t sure about your rights and obligations under the current health laws that are in place in NSW, the team at RMB Lawyers can provide the advice you need so that you are fully aware of your rights and obligations. Your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.