Answering your mandatory vaccination questions
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gadens gadens Answering your mandatory vaccination questions TUESDAY 12 OCTOBER 2021
Transcript of Answering your mandatory vaccination questions
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Answering your mandatory vaccination questions
TUESDAY 12 OCTOBER 2021
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Acknowledgement of Country
Gadens acknowledges the Traditional Custodians of the land on which we work, and pay our respects to Elders past, present and emerging.
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Presenters2
Brett FelthamPartner, [email protected] +61 2 9163 3007M +61 405 770 774
Siobhan MulcahyPartner, [email protected] +61 3 9252 2556M +61 423 028 256
George HarosPartner, [email protected] +61 3 9252 2580M +61 413 092 251
Dudley KnellerPartner, MelbourneIntellectual Property and [email protected] +61 3 9252 7748M +61 438 363 443
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Housekeeping3
We have designed this webinar around a Q&A format and we are looking forward to answering as many of your questions as possible.
Please use the Q&A function in the Zoom platform to submit your questions.
Before we launch into questions, we will run through recent developments mandatory vaccinations in the workplace.
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Current state of play – nationally4
Source: Australian Government Department of Health, COVID-19 vaccine rollout update
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Current state of play – state by state5
Source: Australian Government Department of Health, COVID-19 vaccine rollout update
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National roadmap6
The National Cabinet agreed to a four step in August 2021. Australia’s overall policy remains that vaccines should be voluntary and free.
In the absence of a public health order or a requirement in an employment contract or industrial instrument, an employer can only mandate through a lawful and reasonable direction. Decisions to mandate will be a matter for an individual businesses, taking into account their particular circumstances and safety, anti-discrimination and privacy laws.
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There are some specific industries and employee groups where there are mandatory COVID-19 vaccination requirements in place or where there are prohibitions on non-vaccinated employees from working (in the form of public health orders or directions).
Legal framework7
Outside of those industries, the issue is whether it is lawful and reasonable for an employer to direct that its employees must be vaccinated.
Strong social and political calls for governments to more fully support mandatory workplace vaccinations, despite vocal opposition.
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Mandatory Vaccination FlowchartTo vaccinate or not to vaccinate…that is the question (for employers)
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Mandatory to voluntary9
Public health orders and directionsEmployer is
complying with Federal and State
health laws.
Lawful and reasonable direction
Employer has reasonably directed
employees to become vaccinated (eg. Tier 3 workers).
Employer deciding to mandate
Where an employer has decided to
mandate for all or most of its workforce (eg. SPC, Qantas)
or Tiers 1 or 2 workers.
Education and encouragement
Employer is educating,
encouraging and may be rewarding
employees to become vaccinated.
Mandatory Voluntary
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When is it lawful and reasonable to direct?
Tier 1 workEmployees are required as part of their duties to interact with people
with an increased risk of being infected with COVID-19.
Example: Employees working in hotel quarantine and
border control.
Tier 2 workEmployees are required to have
close contact with people who are particularly vulnerable to the health
impacts of COVID-19.Example: Employees working in
health care, aged care, childcare and disability services.
Tier 3 workEmployees have interactions or there are likely to be interactions with other employees, customers, or members
of the general public.Example: Employees working in
retail or hospitality.
Tier 4 workEmployees have minimal face-to-
face interaction as part of their normal employment duties.
Example: Employees working predominantly from home.
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Public health orders and directions – state by state11
QueenslandMandatory for quarantine facility, health service, ambulance, and residential aged care facility, and freight and logistics workers, and workers permitted to travel to Qld.
TasmaniaMandatory for quarantine centre and related transport, residential aged care facility, and medical and health facility workers.
South AustraliaMandatory for quarantine centre, residential aged care facility, and healthcare workers, essential travellers into SA, and workers on commercial vessels arriving in SA.
Western AustraliaMandatory for quarantine centre, residential aged care facility, and health care facility workers, port workers who board exposed vessels, and freight / logistics workers entering WA.
Northern TerritoryMandatory for quarantine and residential aged care workers.Announced will introduce for workers in other high-risk sectors and settings.
New South WalesMandatory for quarantine and transport, residential aged care facility, early education, care, and disability, education and healthcare workers, and authorised and construction workers who work or live in areas of concern. Workers in premises now open under the NSW RoadMap.
Australian Capital TerritoryMandatory for residential aged care workers.
VictoriaMandatory for residential aged care facility, construction site, healthcare, education and commercial freight workers, and ‘authorised workers’.
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New South Wales’s roadmap12
Commencing 11 October 2021 Commencing 25 October 2021 (expected)
Commencing 1 December 2021 (but may be advanced)
Masks will no longer be required to be worn in office buildings.
Workers in regional areas who have received one dose can return to their workplace and are given a grace period until 1 November 2021 to receive their second dose.
These changes were announced by the NSW Premier in a press conference on 7 October 2021.
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Victoria’s roadmap13
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Public health orders and directions – state by state14
QueenslandMandatory for quarantine facility, health service, ambulance, and residential aged care facility, and freight and logistics workers, and workers permitted to travel to Qld.
TasmaniaMandatory for quarantine centre and related transport, residential aged care facility, and medical and health facility workers.
South AustraliaMandatory for quarantine centre, residential aged care facility, and healthcare workers, essential travellers into SA, and workers on commercial vessels arriving in SA.
Western AustraliaMandatory for quarantine centre, residential aged care facility, and health care facility workers, port workers who board exposed vessels, and freight / logistics workers entering WA.
Northern TerritoryMandatory for quarantine and residential aged care workers.Announced will introduce for workers in other high-risk sectors and settings.
New South WalesMandatory for quarantine and transport, residential aged care facility, early education, care, and disability, education and healthcare workers, and authorised and construction workers who work or live in areas of concern. Workers in premises now open under the NSW RoadMap.
Australian Capital TerritoryMandatory for residential aged care workers.
VictoriaMandatory for residential aged care facility, construction site, healthcare, education and commercial freight workers, and ‘authorised workers’.
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Mandatory vaccinations – privacy issues –compliance
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• Vaccination information is sensitive information and treated differently under the Privacy Act 1988 (Cth).
• Collection of sensitive information is tightly controlled and sometimes a grey area – See APP 3.3.
• Businesses may be able to rely on an exception:‒ ‘the collection of vaccination status is required or authorised by an
Australian law – APP 3.4(a)’.• Employee records exemption applies AFTER collection.• APP 5 requires adequate notification to employees:
‒ Collection information, background, purpose, failure to provide, privacy policy details.
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Mandatory vaccinations – privacy issues – practical matters
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• Notify workers and request consent, evidence and information.• Consider how information will be provided and how you will store
it.• Keep on top of public health order changes as they are likely to
evolve and will impact how you collect and store this information.• Only collect what you need and delete it when it is no longer
required.• Appoint a dedicated contact person or team to handle inquiries.• Agree a process centrally and roll out on a consistent site basis.• Expect the unexpected and mitigate risk of breaching public
health orders.
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Thank you
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