LEGAL UPDATE – Mandate restrictions easing in Queensland

IN BRIEF

the Public Well being (Additional Extension of Declared Public Well being Emergency—COVID-19) Regulation (No. 2) 2022 was applied solely final week. Nonetheless, the Premier has rotated on that announcement and has introduced a few of Queensland’s final remaining COVID-19 restrictions can be lifted from 1am, 30 June 2022.

Abstract

Starting this Thursday, Queenslanders will not require COVID vaccinations to go to aged care amenities, incapacity lodging and correctional amenities.

The Premier has additionally introduced that the high-risk employee vaccine mandate would even be revoked in colleges, early childhood training, outdoors faculty care, kindergartens, household day care, police watch homes, youth detention facilities and airports.

Regardless of these easing restrictions, obligatory vaccines are nonetheless required for employees in healthcare, hospitals, aged care and incapacity care.

What does this imply for you?

The Premier acknowledged that the choice round obligatory vaccinations in companies falls inside the scope of these not topic to the obligatory vaccines, can be made by the employer. Which means it’s their selection as to whether or not they have a route in place for workers.

This stance appears to observe the current Honest Work Fee resolution of Ms Emma Jamieson v Monash Well being [2022] FWC 1331 (Jamieson), the place Commissioner Johns emphasised that obligatory vaccinations in a office are a matter of selection for workers, reasonably than a mandate imposed by employers.

It was held in Jamieson that Monash Well being had applied a route that was not a mandate and “[Her] resolution to not get vaccinated meant that Monash Well being, certain by the phrases of the Instructions, was required to make sure that [she] didn’t attend the office.” She was then subsequently dismissed for being unable to satisfy the inherent necessities of her job.

The place employers made choices to terminate the employment of workers primarily based on non-compliance with the orders, these choices stay legitimate. Some former workers might search to be returned to the office now that the general public well being orders have ceased to function in some industries. It’s for employers to determine interact/re-engage these workers.

For these workers who’ve been stood down as a result of their vaccination standing was not consistent with the general public well being orders, now’s the time to re-engage with them to debate their return to the office.

The place the well being orders will not function in some affordable industries, employers ought to take into account whether or not instructions is likely to be made round vaccinations as a part of your WHS / threat administration system.

This can be a commentary revealed by Colin Biggers & Paisley for normal info functions solely. This shouldn’t be relied on as particular recommendation. You need to search your individual authorized and different recommendation for any query, or for any particular scenario or proposal, earlier than making any closing resolution. The content material can be topic to vary. An individual listed is probably not admitted as a lawyer in all States and Territories. © Colin Biggers & Paisley, Australia 2021.