Read The Times Australia

Daily Bulletin

Can Australian businesses force customers to wear a mask? Here's what the law says

  • Written by: Rick Sarre, Adjunct Professor of Law and Criminal Justice, University of South Australia

Many Victorians are now being asked to wear a mask in public if they can’t socially distance.

It is possible this practice may be encouraged more widely across Australia, amid a push from health professionals to increase mask-wearing.

Read more: Victorians, and anyone else at risk, should now be wearing face masks. Here's how to make one

People will of course still want to visit private spaces, including offices, GP clinics and churches. They will want to go shopping and visit cafes.

So, can businesses refuse entry to customers who are not wearing a mask? Similarly, can they refuse entry to anyone not sanitising their hands?

What are our rights and obligations when it comes to mask wearing?

Business owners can set the rules

Australian law, quite simply, says that private landowners or occupiers can take reasonable steps to protect themselves, their employees and people on their property.

So it would be legal for businesses - including cafes and supermarkets - to make it a condition of entry that customers wear a mask and sanitise their hands.

Can Australian businesses force customers to wear a mask? Here's what the law says Supermarkets and other shops can take ‘reasonable steps’ to keep people safe on their premises. Loren Elliott/ AAP

It makes little difference whether the business is a GP clinic rather than, say, a greengrocer, in establishing their right to exclude patrons. However, in practical terms, people should realise the increased potential for catching/transmitting COVID-19 in a healthcare facility makes it even more important for the business owner to exclude those failing to wear a mask.

Entry conditions are nothing new

Entry rules and safety requirements are concepts we are already very familiar with in Australia.

We know and accept that nightclubs and private bars can enforce dress codes without fear of running afoul of the law. Indeed, you cannot board a plane or enter big public arenas without a bag check.

Schools have been instructing students’ families to accept “no hat, no play” for years due to the dangers of children being sunburnt.

Read more: Which face mask should I wear?

Moreover, the law mandates seatbelts in cars and helmets for cyclists. These infringements on personal liberty are seen as acceptable - in both practice and law - because they protect both individuals and community safety.

It’s also about occupational health and safety

When it comes to businesses making customers wear a mask, there are important occupational health and safety considerations as well. The International Covenant on Economic, Social and Cultural Rights notes employees have a right to “safe and healthy working conditions”.

Can Australian businesses force customers to wear a mask? Here's what the law says Victorians under ‘stage 3’ restrictions have been encouraged to wear a mask in public. Scott Barbour/ AAP

The United Nation’s 2011 Protect Respect and Remedy Framework also emphasises the need for businesses to take adequate preventive measures to ensure the health and safety of workers.

Following a major 2002 report to the federal government on negligence law reform, civil liability amendments were enacted in all jurisdictions across Australia.

South Australia’s Civil Liability Act provides a useful example of the scope of the reforms. It says when examining “standard of care”, a court must take into account, among other matters,

the measures (if any) taken [by the building occupier] to eliminate, reduce or warn against the danger; and the extent (if at all) to which it would have been reasonable and practicable for the occupier to take measures to eliminate, reduce or warn against the danger.

We don’t need ‘mask rage’ here

In the United States - where the political and COVID-19 situations are admittedly quite different from Australia’s - there is a heated debate about mask wearing. This has involved multiple cases of “mask rage”, featuring full-on scuffles in shops over people’s refusal to wear a mask.

Read more: Mask resistance during a pandemic isn't new – in 1918 many Americans were 'slackers'

This ongoing mask conflict recently gave rise to a sign, reportedly put up by a Portland bar, that was then shared widely on social media. It captures the essence of the legal position here in Australia, too.

We can also use common sense

It is also important to note that that businesses, in setting their rules, cannot act in a discriminatory way. The law protects us against a range of discriminatory behaviours. The potential for, say, disability or religious discrimination might allow a person to legitimately refuse to wear a mask.

In that event, the shop would need to make alternative arrangements for that customer.

Ultimately, however, when it comes to taking protective action, as a community we need to rely as much on commonsense and common courtesies as anything else.

Authors: Rick Sarre, Adjunct Professor of Law and Criminal Justice, University of South Australia

Read more https://theconversation.com/can-australian-businesses-force-customers-to-wear-a-mask-heres-what-the-law-says-142641

Business News

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...