Communities and Justice

Information about Omicron

The highly transmissible Omicron COVID-19 variant is particularly challenging for many organisations. We’re aware that services are being strained due to the higher case numbers. We recognise it’s difficult for some providers to find workers with the number of positive cases and staff in isolation as close contacts, and we know that some service providers have reported issues maintaining service delivery.

Review your COVID-19 management plan to help you manage the risks associated with the Omicron variant.

Here we have answers to some questions we’ve been asked recently. We’ll update this section regularly.

We’ll also be updating the COVID-19 guidelines for residential out-of-home care (OOHC) settings and COVID-19 guidelines for Specialist Homelessness Services (SHS) shortly.

Existing advice for specific DCJ programs remains the same.

Current Public Health Orders and health advice

Summary of isolation and testing requirements as at 25 January 2022

Critical workers and isolation exemptions

Rapid antigen tests and PCR tests

Workforce issues and business continuity during Omicron

Personal protective equipment (PPE)

Current Public Health Orders and health advice

Always check the NSW Health website and NSW Government COVID-19 website for up to date information:

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Summary of isolation and testing requirements as at 25 January 2022

We’ve heard that some people are finding the current testing and isolation requirements for workers confusing. Here’s a table with a summary of the current information. Always confirm the current isolation and testing requirements using the links above as these can change.

All workers who are required to self-isolate should refer to and follow the full NSW Health COVID-19 self-isolation guideline.


Positive COVID-19 Close contact of positive COVID-19 case Close contact who tests positive following a RAT Close contact who tests negative on a RAT but has symptoms of COVID-19
Critical worker

Must self-isolate for 7 days.

If a sore throat, runny nose, cough or shortness of breath remain after 7 days, remain in isolation until 24 hours after symptoms have resolved.

After leaving self-isolation, wear a mask when near to or talking to people and avoid visiting high risk settings (healthcare, aged care, disability care, correctional facilities) for a further 3 days.

If you work in one of these settings, speak to employer before returning.

There is no requirement in the Public Health Order or NSW Health’s guidance for workers to test, using either a RAT or PCR test, in order to leave isolation after 7 days

If identified by employer as a critical worker and exempt from the 7 day isolation, can return to work, but must agree to:

- Take regular RAT for 7 days from last contact with a COVID-19 case and notify employer of each result.

- Wear a mask at all times in the workplace (unless eating or drinking or if the mask needs to be removed for safety reasons)

- Travel directly to and from place of residence and their workplace and nowhere else.

- Comply with risk management strategies put in place by employer.

Must immediately self-isolate for 7 days

If a sore throat, runny nose, cough or shortness of breath remain after 7 days, remain in isolation until 24 hours after symptoms have resolved.

After leaving self-isolation, wear a mask when near to or talking to people and avoid visiting high risk settings (healthcare, aged care, disability care, correctional facilities) for a further 3 days.

If you work in one of these settings, speak to employer before returning.

There is no requirement in the Public Health Order or NSW Health’s guidance for workers to test, using either a RAT or PCR test, in order to leave isolation after 7 days.

Must immediately self-isolate and have a PCR test.

Can return to work with evidence of a negative PCR test taken after the onset of symptoms.

Non critical worker

Must self-isolate for 7 days.

If a sore throat, runny nose, cough or shortness of breath remain after 7 days, remain in isolation until 24 hours after symptoms have resolved.

After leaving self-isolation, wear a mask when near to or talking to people and avoid visiting high risk settings (healthcare, aged care, disability care, correctional facilities) for a further 3 days.

If you work in one of these settings, speak to employer before returning.

There is no requirement in the Public Health Order or NSW Health’s guidance for workers to test, using either a RAT or PCR test, in order to leave isolation after 7 days.

Must self-isolate for 7 days.

Take RAT as soon as possible and again on Day 6. Take additional RAT if symptoms develop.

There is nothing in NSW Health’s guidance/PHO that requires a RAT or PCR in order to leave isolation after 7 days.

Do not visit high-risk settings (healthcare, aged care, disability care, correctional facilities) for the next 7 days after leaving isolation.

Must immediately self-isolate for 7 days.

If a sore throat, runny nose, cough or shortness of breath remain after 7 days, remain in isolation until 24 hours after symptoms have resolved.

After leaving self-isolation, wear a mask when near to or talking to people and avoid visiting high risk settings (healthcare, aged care, disability care, correctional facilities) for a further 3 days.

If you work in one of these settings, speak to employer before returning.

There is no requirement in the Public Health Order or NSW Health’s guidance for workers to test, using either a RAT or PCR test, in order to leave isolation after 7 days.

Take additional RAT or PCR test if symptoms develop.

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Critical workers and isolation exemptions

How is a close contact determined?

NSW Health updated information on 25 January 2022 regarding contacts of people with COVID-19. A close contact is a household contact, or a person who spent a long time with someone who has COVID-19 or interacted closely with someone who has COVID-19 while not wearing masks. The NSW Health factsheet Information for people exposed to COVID-19 has information on how to assess the risks of a contact of someone with COVID-19 and what they need to do.

What critical workers are exempt from isolation requirements?

Some critical workers who are close contacts are now permitted to leave self-isolation to attend work, only if they have no COVID-19 symptoms. These changes are designed to help ease the pressure on workforces, which have been under strain from rising infections and close contacts in isolation.

From 14 January 2022, close contacts who are critical workers are exempt from the self-isolation requirements of the NSW Public Health (COVID-19 Self-Isolation) Order (No 4). The following critical workers and activities may now be exempt from self-isolation requirements:

Public administration and safety

  • The operation of correctional centres and community corrections

Health care and social assistance

  • A person employed or engaged by the Department of Communities and Justice to provide housing or homelessness services, or child protection services
  • A community housing provider
  • A person employed or engaged to provide family violence and sexual assault services
  • A person employed or engaged to provide drug and alcohol services.

Employers may determine a worker is a critical worker if:

  • the worker’s absence from the workplace poses a high risk of disruption to the delivery of critical services, and
  • the worker is unable to work from home

Exemption of critical workers from self-isolation is an option for service providers, not a requirement. You need to manage your COVID-19 risks and decide whether it’s appropriate for you to approve the critical worker’s attendance based on your risk assessments Close contact critical worker exemptions are subject to the following conditions:

  • the worker can only attend work if approved by, or on behalf of, their employer for the purpose of the exemption. You’ll need to consider what level of approval your organisation will consider adequate for critical workers to leave self-isolation.
  • the worker must travel directly to and from their place of residence and their workplace(s). They can’t leave home for other purposes.
  • the worker must wear a mask at all times in the workplace.
  • the worker must undergo regular rapid antigen tests (RATs) for a period of 7 days from when they last had contact with the diagnosed person, and must notify their employer of each result.
  • the worker must comply with risk management strategies put in place as part of the service provider COVID-19 management and vaccination policy.

Any close contact critical worker who tests positive on the regular RAT or who develops symptoms of COVID-19 must immediately self-isolate, following the self-isolation rules.

Are Intensive Therapeutic Support (ITC) and Out-of-Home Care (OOHC) workers critical workers?

Yes, only if your organisation determines that the worker’s absence from the workplace poses a high risk of disruption to the delivery of the critical services that DCJ engages you to provide.

How do we manage COVID-19 risks for close contact critical workers?

You need to review your COVID-19 management plan, as outlined in the COVID-19 management and vaccination policy.

If you have critical workers, you need to revisit your risk assessments, and consider if your organisation will adopt the isolation exemptions for your critical workers if they become close contacts.

Having critical workers who are close contacts return to the workplace from self-isolation may help prevent disruptions to critical service delivery. But it will increase risks, and you’ll need to consider what risk mitigation strategies you’ll implement.

The critical worker self-isolation exemption guidance sets out steps for employers to consider in managing these risks in the workplace. In summary this includes (but is not limited to):

  • all people in the workplace should wear masks except while eating or drinking or where a mask could create a safety issue.
  • close contact workers should use separate facilities
  • close contacts should be given work that involves minimal interaction with others, or is in a well-ventilated area.

We’re concerned about the workers compensation and industrial relations implications for critical workers who are close contacts.

Small to medium organisations can contact Justice Connect for more advice. Larger service providers may have their own legal services.

Rapid antigen tests and PCR tests

When do workers need to get tested, and with which type of test?

The NSW Health website has information on getting tested for COVID-19, and who should do a rapid antigen test (RAT) or PCR test.

The list of the approved RAT kits is on the TGA website. The website also has instructions on how to use each type of test.

How do we access RATs?

We’re aware that access to RATs is an issue. DCJ is actively participating in the NSW Government response. At this time, NSW Health is making RATs available for some vulnerable clients and DCJ is working with NSW Health on this.

In the meantime, you can use your DCJ funding to purchase PPE and other risk control supplies, and follow your COVID-19 management plan.

As RATs become more readily available, you can consider incorporating regular testing programs into your service operations.

How do we pay for RATs?

You can use DCJ funds, including COVID-19 grant funding that has been distributed throughout the pandemic, to purchase RATs.

If you’re having to spend large amounts of money on RATs to maintain service delivery, or the cost is impacting your operations, talk to your contract manager.

What if we’re spending so much money on RATs or contingent labour that it’s impacting our service delivery?

Talk to your contract manager. We recognise that some service providers may have issues, and we want to work with you.

We've approved critical workers who are close contacts to return to work under the isolation exemptions, but they need to do regular RATs under exemption requirements. What do we do if we can’t get RATs?

We’re aware that access to RATs is an issue, and we’re working with NSW Health. You can use DCJ funding to purchase RATs, but if you can’t find RATs in stock you won’t be able to roster that staff member on for a shift.

Can service providers require clients to undertake a RAT before they access a service?

No. You can ask clients to undertake a RAT before they access a service, but you can’t make it mandatory.

You provide services to some of the most vulnerable people in our community. DCJ expects that service delivery will continue and that the risks can be managed by putting appropriate control measures in place as set out in your COVID-19 management plan.

For example, this may include:

  • physical distancing
  • modifying service sites to create adequate space and ventilation
  • finding alternatives to face to face delivery where practical
  • use of personal protective equipment and other controls to reduce exposure.

See also the questions: If a client refuses to undertake a RAT, can we refuse service? and If a client tests positive to COVID-19, can we refuse service?  in this FAQ for more advice.

If a client refuses to undertake a RAT, can we refuse service?

You need to consider what you’ll do if a client refuses to undertake a RAT before they access a service for each of your service settings in your risk assessments, and include strategies to manage it in your COVID-19 management plan.

After completing your risk assessments, you may decide to treat clients who refuse to undertake a RAT as though they’ve tested positive to COVID-19. See the question: How do we keep our workers safe if they’re supporting people with COVID-19? in this FAQ for more advice.

Small to medium organisations can contact Justice Connect for more advice. Larger service providers may have their own legal services.

Workforce issues and business continuity during Omicron

Where do we access surge staffing or contingent labour when an entire area’s workers are unable to attend work?

We recognise how challenging it is for some providers to find enough staff in the current environment, particularly when we have to keep providing supports to vulnerable people. Unfortunately everyone is in the same situation.

You should revisit your business continuity plan. You can look at reorganising your work priorities or work functions. Some of you may even be able to share workers with other service providers.

You can consider:

There’s information on surge staffing in the COVID-19 guidelines for residential out-of-home care (OOHC) settings and COVID-19 guidelines for Specialist Homelessness Services (SHS)

If you’re in the position where you need to cease some aspect of your services, it’s likely to be short term only. We’ll be flexible with you. Let us know and if there’s something we can do to support you we’re happy to help.

Personal protective equipment (PPE)

How can we make sure we have access to enough appropriate PPE?

As part of your risk assessment and COVID-19 management plan, consider how and when you need to use PPE and ensure you maintain adequate supplies.

You can use DCJ funds, including COVID-19 grant funding, to purchase PPE.

You can purchase PPE through various suppliers in the market, and the NSW Government has a list of suppliers of PPE for industry and the community during the pandemic.

You may also be able to get PPE from Resilience NSW. Contact your local Council and speak to your Local Emergency Management Controller.

If you’re having issues purchasing PPE, please contact your contract manager.

How do we keep our workers safe if they’re supporting people with COVID-19?

You would already have considered this as part of your risk assessment and COVID-19 management plan. You can revisit this with the review of your plan, and consider how and when you need to use PPE in the current Omicron environment.

The DCJ PPE matrix helps you to identify appropriate PPE for different situations.

This video by the Clinical Excellence Commission demonstrates how to put on and take off PPE.

Last updated:

25 Mar 2024