*** The following represents general advice only in relation to mandatory vaccinations and does not take into account the specific circumstances of your staff, business or client base. Prior to taking any action, we recommend that you seek advice specific to the circumstances of your business to ensure that you are acting in accordance with the relevant guidelines. *** In regard to mandatory vaccination the starting point is consideration of the following: • •
Is the organisation subject to a Public Health Order that requires all staff to be vaccinated? Is the organisation not subject to a Public Health Order but the requirement for employees to be vaccinated is considered a lawful and reasonable direction?
We will cover off both of these scenarios below. Tasmanian Government Health Order The Tasmanian Government announced the requirement for all health care workers to be vaccinated against COVID-19. Workers who are classified under this ruling, in accordance with the No. 3 direction issued on 10 September 2021, will not be permitted to enter or remain on the premises of a medical or health facility for employment, engagement (including volunteering), placement or work experience unless they are sufficiently vaccinated against COVID-19. Read the Public Health Direction regarding the mandatory vaccination of workers in health care settings. The Public Health Order applies to aged care facilities, quarantine sites and medical or health facilities and does not apply to an individual’s home or a business premise that does not provide medical or health services. There is not a specific definition of what constitutes a medical or health facility. If a workplace and its employees are subject to the Public Health Order they must be vaccinated by law and therefore the introduction of a mandatory vaccination policy is very low risk from an employment perspective. In addition, on and after 31 October 2021, a person is not permitted to provide health and medical services and treatments unless the person is sufficiently vaccinated. Please note that sufficiently vaccinated can mean a person who has had a single dose and is booked in for a second dose and potentially a person who is booked in for their first dose if they have provided evidence of the booking to their employer. Health and medical services or treatments include treatments provided by: • •
A person who is registered in a medical profession under the Health Practitioner Regulation National Law; or A person who is registered under the Health Practitioner Regulation National Law to practice a health profession
The Public Health Order also requires an allied health professional be vaccinated and employees engaged to provide the following services do need to be vaccinated regardless of where the service is provided. This includes the professions of: • • • • • • • • • • • • • •
Art Therapist Audiologist Chiropractor Counsellor (holding a Master of Counselling from a tertiary institution) Dietician Exercise Physiologist Occupational Therapist Osteopath Music Therapist Physiotherapist Psychologist Rehabilitation Counsellor Social Worker Speech Pathologist
Advice provided to the Tasmanian Council of Social Services Inc by Quartz Consulting. 24 September 2021