Article by Deepanshi Agarwal
In an earlier article published on 8 October 2021, we summarised the then current Mandatory Vaccination Directions in Victoria. These have now been updated. We provide below a summary of the latest directions.
COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No 10)
These directions commenced at 11:59 PM on 21 October 2021 and provide updates to the obligations on operators of residential aged care facilities, construction sites, healthcare facilities and education facilities.
Are the relevant dates the same?
Yes. The relevant dates for prevention of entry and deadlines for first and second dose of the COVID-19 vaccine are all still the same.
What is different about obligation to collect, record and hold information?
Operators are not obligated to do so if they already have information that the worker is fully vaccinated or an ‘excepted person’.
The definition of an ‘excepted person’ has not changed i.e., someone that has a certification from a medical practitioner that they are not able to receive the vaccine or a further dose of the vaccine.
What is different about the prevention of entry rule?
- Added obligation only on operators
of residential aged care facilities and constructions sites.
- Operators of these facilities must ensure that workers who are unvaccinated or partially vaccinated after the second does deadline do not enter or remain on the premises for the purpose of performing work.
- The second does deadline for residential aged care workers is 15 November 2021 and for construction workers is 13 November 2021.
- New exception to the prevention of entry
rule – self-quarantined workers.
- Operators are allowed to permit entry to workers
who are:
- Unvaccinated; and
- were unable to get vaccinated because they were in self-quarantine; and
- have a booking to receive the vaccine within 7 days of the end of the self-quarantine, to enter and remain on the premises.
- Operators are allowed to permit entry to workers
who are:
- Informing current and new workers.
- Operators of residential aged care facilities and construction sites now must inform current and new workers of the new rule mentioned above at 1.
- Changes to exceptional circumstances
exception – only for education workers.
- An education worker is allowed to attend the
premises, if
- they must carry out assessments of an oral or performance examinations as part of VCE or IB or
- work as a venue coordinator for these examinations.
- An education worker is allowed to attend the
premises, if
COVID-19 Mandatory Vaccination (Workers) Directions (No 5)
These directions also commenced at 11:59 PM on 21 October 2021. They provide an update to the mandatory vaccination of authorised workers.
The only major change in these directions is the addition of the exceptional circumstances exception for education workers mentioned above.
The penalty that an operator could face is still up to 120 penalty units ($21,808) for individuals and a penalty of up to 600 penalty units ($109,044) for corporations.
The Victorian Supreme Court case challenging the Victorian Public Health Orders and Directions has been delayed. It was due to commence on Monday 25 October but has been adjourned to a later date. We will keep following this.
If you have any questions in relation to the most recent mandatory vaccination directions in Victoria, please do not hesitate to contact Holdstock Law.