The Department of Premier and Cabinet (DPC) has issued a Circular on COVID-19 vaccinations for Government employees, replacing the expectation that employees be vaccinated with strong encouragement to do so.
In Circular C2022-04 Guidance for Government Sector Agencies regarding COVID-19 Vaccinations for their Employees, DPC strongly encourages Government sector employees who could safely be vaccinated to remain up-to-date with their COVID-19 vaccinations.
The Department said Agencies had the power to give a direction to 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 employment and was provided following a risk-based assessment.
“The threshold for whether a direction will satisfy all four of the above criteria is high,” DPC said.
It said that before issuing a direction, Agencies must consider whether the direction was prohibited under legislation, industrial instruments or contracts of employment, and ensure the direction did not discriminate against an employee, either directly or indirectly, on any basis.
“Agencies must also consider whether it is reasonable,” DPC said.
“This depends on the risks of exposure and transmission of COVID-19 in the particular workplace.”
It said a direction was more likely to be reasonable if the employee occupies 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 PPE and other control measure were inadequate.
The Department said other circumstances to take into account when Agencies were considering issuing a vaccination direction included whether the workplace was ‘open plan’, the number of employees in a specific workplace and whether employees had contact with the general public.
It said Circular C2022-04 replaced C2021-16 Guidance for Government Sector Agencies regarding COVID-19 Vaccinations for their Employees, issued in August last year.
DPC’s Circular C2022-04 can be accessed at this PS News link.
Further information on COVID-19 vaccination, workplace rights and obligations can be accessed on the Commonwealth Fair Work Ombudsman’s website at this link.
