The Department of Premier and Cabinet (DPC) has issued a Circular to guide Agencies in determining if their employees should be directed to be vaccinated against COVID-19.
In Circular C2021-16 Guidance for Government Sector Agencies regarding COVID-19 Vaccinations for their Employees, the DPC said all Government sector employees who could be safely vaccinated were expected to do so at the earliest opportunity.
“As employers, NSW Government Agencies are responsible for keeping all employees safe,” the DPC said.
It said Agencies had the power to direct employees to be vaccinated (and provide proof of vaccination) against COVID-19 if the direction was lawful; reasonable; within the scope or subject matter of the employee’s work; and was provided following a risk-based assessment.
“Agencies must consider whether the direction is prohibited under legislation, industrial instruments and contracts of employment,” the Department said.
“A direction must not discriminate against an employee, either directly or indirectly, on any basis,” it said.
“The direction must be sufficiently connected with the employees’ employment.”
The DPC said Agencies must also consider whether the direction was reasonable and that this depended on the risks of exposure and transmission of COVID-19 in the workplace.
It said a direction was more likely to be reasonable if the employee occupied a role that required vaccination in order to perform their duties; there was a higher risk that employees would be exposed to the virus; the employee worked with at-risk populations; or if personal protective equipment and other control measures were inadequate to sufficiently protect people.
The Department said when assessing whether it was reasonable to issue a direction, Agencies may also consider whether the workplace was open plan; whether employees were able to maintain an appropriate level of physical distance from each other; the number of employees in a specific workplace; and whether employees had contact with the general public.
Circular C2021-16 can be accessed on the DPC website at this PS News link.
