Is the COVID-19 vaccine on the way?

As most of us already know, scores of vaccines are already in production and being rolled out to some countries around the world. There is much speculation that the COVID-19 vaccination will be mandatory for all Australians.

Can the government make the COVID-19 vaccination mandatory?

In times of public health emergencies, the Australian Federal Government has extremely broad powers and does in fact, have legal grounds to make the COVID-19 vaccination mandatory under the Federal Biosecurity Act. The vaccination must be safe and approved however, and anyone who is allergic to the vaccine may be exempt.

What will happen if people refuse the COVID-19 vaccination?

Although it is unlikely that the Australian Government would harshly punish people for refusing the COVID-19 vaccination, there are penalties or fines that could be enforced for breaches of the Federal Biosecurity Act. Consequences of non-compliance range from detention, or being charged with a criminal offence, with up to five years imprisonment and/or a fine of $63,000.

A more likely approach from the Australian Government would be to withhold government funded services such as education, welfare, aged care, healthcare, and enforcing hard border restrictions for those that refuse the COVID-19 vaccination.

What does this mean to employers?

Employers have an obligation to provide a safe working environment, and employees have an obligation to follow reasonable direction to aid their employers in providing a safe workplace. It is not uncommon for an employer to request an employee who is working with at-risk individuals such as children, the elderly, the sick, or people living with a disability, to have a flu vaccination before they can commence work. This is a ‘reasonable direction’ and one that has legal precedent. Once the COVID-19 vaccination is released in Australia, it is anticipated that many employers will request their employees to get the vaccination.

The vaccination at this stage, has not been rolled out in Australia however, it is a good idea for employers to start considering the following:

  • Does the business provide a service to at-risk individuals such as the elderly, people living with a disability, children, or health-compromised people?
  • Will not getting the vaccination pose a significant health risk to other staff or the customers/consumers?
  • Would it be considered reasonable to prevent an employee from working without them getting the vaccination?

Is there anything we can do now to prepare?

Many businesses are receiving questions from their employees about whether the COVID-19 vaccination will be mandatory at their workplace. Until the Australian Federal Government announces the roll-out of the vaccination and whether it will be mandatory, it is impossible to respond to these queries. Until the Australian Federal Government states their position, businesses may want to consider the above questions and the implications for mandating and not-mandating the vaccination in their workplaces.

The team here at Cornerstone HR will continue to post updates and information as they become available to us.

If you’re looking for assistance in supporting your business through these unprecedented times, don’t hesitate to get in touch with our team, via the chat box here or calling us on 08 6150 0043.

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