Modern Australian
The Times

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

Vista Cruises Enters "Two-Flagship Era" as Vista Aurora Completes Inaugural Voyage

Vista Aurora Sets Sail along the Yangtze. (Photo courtesy of the company)YICHANG, China — August 5, 2026 — Vista Aurora, a high-end interprovinc...

A Digital Preparation Checklist For International Medical Conferences

An international medical conference compresses many responsibilities into a few days. A delegate may need to present research, move between venues, ...

The Growing Popularity of Lab Grown Diamonds in Sydney and Hong Kong

The diamond industry has changed significantly in recent years as more buyers seek ethical, affordable, and sustainable alternatives to mined diamon...

Modern AI SEO Agency vs Traditional SEO: What’s the Difference

Search engine optimisation has changed dramatically over the past few years. Search engines have become smarter, user behaviour has evolved, and bus...

Caravan Travel for Modern Australian Getaways: Plan a Comfortable Holiday

A family road trip is one of the best ways to explore Australia together. And, travelling by caravan gives you the freedom to take your time, stop a...

Mini Excavator and Trailer Package for Sale: What I Buy as One Deal in 2026

The first client who asked me for a mini excavator and trailer package for sale wasn’t trying to save a few hundred dollars on shipping. They we...

Make Dad a Guest in His Own Home This Father’s Day

Father’s Day can accidentally turn Dad into the unpaid event manager of his own celebration. He lights the barbecue, finds extra chairs, checks wh...

Where to Enjoy Your Off-Road Caravan on the Gold Coast

With a caravan, you can travel anywhere and everywhere without battling the rush of the peak holiday season or last-minute reservations. While the r...

How Osteopathy Supports Recovery from Sciatica and Nerve Pain

Sciatica isn't just annoying. It's genuinely painful. It sits deep in your glute and shoots straight down the back of your leg. It turns something as...

The Winter Jewellery Edit: Five Pieces You'll Wear All Season

As wardrobes shift to cosy knits, tailored coats and rich seasonal textures, jewellery becomes the finishing touch that pulls every winter outfit to...

7 Signs It's Time to Upgrade Your Piston Air Compressor

If you run a workshop, panel shop, or fabrication business anywhere around Perth, you already know what heat and dust do to equipment over a few sum...

How Long Do Bathroom Renovations Melbourne Take? Step-by-Step Process Explained

Planning a bathroom renovation is exciting, but one of the biggest questions homeowners ask is, "How long will it take?" While every project is uniq...

Why Your Skin Breaks Out: The Science of Acne Explained

Acne is the most common skin condition in the world. An estimated 85% of people experience it at some point between the ages of 12 and 24, and a gro...

10 Swimwear Trends Australian Women Are Wearing This Summer

Every Australian summer brings a fresh wave of swimwear trends, but some styles have much greater staying power than others. While fashion constantly ...

Why Regular Skills Updates Are Essential for Licensed Security Officers

A guard at a Brisbane shopping centre gets a call about a shoplifter who's turned aggressive.  They’ve done the job for six years. But their de-...

10 Benefits of Choosing Professional Tutoring Penrith Services

Every student has unique learning strengths, challenges, and academic goals. While classroom teaching provides essential knowledge and structure, so...

Sunshine Coast Baby Classes Prove Big Hit Among First-Time Mums

There's a movement gaining traction on the Sunshine Coast, providing a village of support, socialisation and relief for first-time mothers and babie...

Father's Day Gift Ideas for Men Who Are Hard to Buy For

Some dads are easy to buy for. Others do not want anything, already have everything, or give you the classic "don't worry about me" answer every yea...