Booster mandates – an update
Article by Deepanshi Agarwal
The latest COVID-19 mandatory vaccination orders provide an update on deadlines for mandatory booster doses for some specified facilities and specified workers.
Pandemic COVID-19 Mandatory Vaccination (Specified Facilities) Order 2022 (No. 3) & Pandemic COVID-19 Mandatory Vaccination (Specified Workers) Order 2021 (No. 1)
Under the new Pandemic Orders for specified facilities workers in residential aged care facilities, healthcare facilities and educational facilities will need to receive booster doses.
The current orders are as follows:
Residential Aged Care Facilities – All residential aged care workers that became fully vaccinated on or before 12 September 2021 need to receive the booster dose by 12 February 2022. For those who became fully vaccinated after 12 September 2021, the deadline is 1 March 2022.
Healthcare Facilities – All healthcare workers that became fully vaccinated on or before 12 September 2021 need to receive the booster dose by 12 February 2022. For those who became fully vaccinated after 12 September 2021, the deadline is 29 March 2022.
Education Facilities – All education workers that became fully vaccinated on or before 25 October 2021 need to receive the booster dose by 25 February 2022. For those who became fully vaccinated after 25 October 2021, the deadline is 15 March 2022.
For the following workers, workers that became fully vaccinated on or before 12 September 2021, need to have a booster dose by 12 February 2022 and for workers that became fully vaccinated after 12 February 2021, the deadline for being fully vaccinated is 12 March 2022:
- Custodial workers;
- Disability workers;
- Emergency service workers;
- Food distribution workers;
- Meat and seafood processing workers; and
- Quarantine accommodation workers.
An excepted person does not need to receive the booster dose. An excepted person is still someone that either has a medical contraindication or an acute medical illness due to which they are unable to receive a dose, or further dose of a COVID-19 vaccine.
The orders recognise that an exception may apply in exceptional circumstances which are prescribed under the orders. Another important exception is if a person was unable to receive a booster because they were in self-isolation or self-quarantine and they can provide proof of booking to receive the booster dose within one week of the end of the self-isolation or self-quarantine period.
The obligations on operators of the facilities remains the same:
- they have to inform workers of these updated requirements,
- they have to obtain and hold information in relation to the worker’s vaccination status;
- they have to ensure that workers, that are obliged to be fully vaccinated or receive a booster dose and have not done so, not be permitted to work for them outside the worker’s ordinary place of residence.
If an individual refuses to comply with the orders they could face a penalty of up to 60 penalty units ($10,904.40) and in the case of a body corporate the penalty could be up to 300 penalty units ($54,522.00).
For further details on whether a worker falls into one of the abovementioned categories please click here: Third Dose vaccination requirements.
If you have any questions in relation to the most recent mandatory vaccination orders in Victoria, please do not hesitate to contact Holdstock Law.