STAFF VACCINATIONSUPPORT SERVICE

Mandatory COVID-19 vaccination for residential aged care workers – summary of State and Territory public health orders

Australian Capital Territory New South Wales

What? Public Health (Aged Care Workers COVID-19 Vaccination) Emergency Direction 2021

Public Health (COVID-19 Aged Care Facilities) Order 2021

Who is affected? y Workers at RACF y Operator of RACF

y relevant workers y operators – a person who controls or operates a RACF

RACF worker entering or remaining on the premises of a RACF if not vaccinated

Entering or remaining on the premises of a RACF

Vaccination requirement At least one does of a COVID-19 vaccine At least one dose of a COVID-19 vaccineWhat’s included? RACF means a facility at which accommodation, and

personal care or nursing care or both, are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under the Aged Care Act 1997 (Cth).

RACF defined as a facility at which accommodation, personal care or nursing care are provided to a person for whom an Aged Care Act 1997 residential care or flexible care subsidy is payable

Workers included/excluded A staff member, meaning a person who has, or is reasonably likely to have, access to aged care residents; and is either y employed, hired, retained or otherwise engaged directly by the operator of a residential aged care facility, to provide care or other services under the control of the residential aged care facility; or

y is otherwise engaged by the residential aged care facility through a third party, for example an employment or recruitment agency, to provide care or other services under the control of the residential aged care facility.

From 17 Sept 2021 the declaration applies to: y an employee of the operator y a person who provides services for the RACF or for 1 or more residents under a contract or arrangement with any person, excluding the following: y a maintenance contractor y a person who provides services to an RACF resident under a contract or arrangement with the resident y a student.

From 9am 31 October 2021 the declaration further applies to: y a health practitioner, except a health practitioner who enters a RACF to respond to a medical emergency.

Relevant definitions: y health practitioner: a natural person who provides a health service, whether or not registered. y maintenance contractor: person undertaking a range of specified types of general or specialised building work, gardening or other grounds maintenance, or other maintenance services of a type approved by the CHO.

y student: person undertaking a clinical placement or work experience, however described, at an RACF

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Australian Capital Territory New South Wales

Medical exemptions Chief Health Officer may provide an exemption to a person who is unable due to a medical contraindication to receive a COVID-19 vaccination.

do not apply to a person who:(a) is unable, due to a medical contraindication, to be vaccinated against COVID-19, and(b) presents to the operator of the residential aged care facility a certificate, in the form approved by the Chief Health Officer, issued by a medical practitioner, specifying the medical contraindication that makes the person unable to be vaccinated.

Exemption for limited vaccine availability

Chief Health Officer may provide an exemption to a person for whom a COVID-19 vaccination is not reasonably available.

None specified.

Other exemptions None. Minister may exempt a person (can be conditional) if necessary to protect the health and well-being of the residents of a RACF)

What else must a provider do? RACF operation must take all reasonable steps to ensure a person does not enter or remain on the premises if they are prohibited.

RACF operator must take all reasonable steps to ensure that a relevant worker complies with the direction).

Evidence and record keeping A worker at a RACF must produce for inspection evidence acceptable to the Chief Health Officer that they have received at least one dose of a COVID-19 vaccination if:a. directed to do so by an authorised person; orb. required to do so by the operator of a RACF.

A person subject to a direction under cl.5 or 6 must, if required to do so by the operator of a RACF, provide evidence of having received a COVID-19 vaccination).

Reporting Medical exemptions are provided by the Chief Health Officer.

A medical exemption only applies if the person presents a medical certificate specifying the medical contraindication, in correct form, to the operator of the RACF).

Enforcement and penalties Act – makes it a penalty to comply with the direction. Penalty – 50 penalty units (natural persons)50 penalty units (body corporate)2000 penalty units (utility)

Section 10 Public Health Act 2010 y 100 penalty units or 6 months imprisonment (individual) y 500 penalty units (corporation)

(and in both cases ongoing penalty units for each day offence continues)Other provisions

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Northern Territory Queensland South Australia

What? COVID-19 Directions: Directions for Aged Care Facilities

Residential Aged Care Direction Emergency Management (Residential Aged Care Facilities No 40) (COVID-19) Direction 2021

Who is affected? y Officer, employee or contractor of a RACF y Proprietor of a RACF

y Residential aged care worker at a residential aged care facility – defined term

y Operator of a RACF – persons who owns, controls or operates a RACF

y Relevant persons y Operator of a RACF – person who owns, controls or operates the RACF

Vaccination requirement Dir.7 an officer, employee or contractor of a RACF must have received: y a first dose of a COVID-19 vaccine on or before 17 September 2021, if the person was able to receive it, and

y a second dose of a COVID-19 vaccine on or before 31 October 2021, if the person was able to receive it.

Under dir.8, an officer, employee or contractor may enter and remain on the premises of a RACF if ‘fully vaccinated’.

By 16 September, the worker must have received at least one dose of a COVID-19 vaccine approved by TGA; and y by 31 October, if they are a health service employee, received the prescribed no. of doses; or

y by 31 October, if they are a residential aged care worker, received or have a booking to receive the prescribed no. of doses.

If the person was vaccinated overseas, the person must have the prescribed no of doses.

By 17 September the relevant person must have: y received at least one dose of a Therapeutic Goods Administration (TGA) approved COVID-19 vaccine, and

y received, or have evidence of a booking to receive, a second dose of a TGA approved COVID-19 vaccine.

What’s included? Aged care facility is a: y RACF under s41-3 of the Aged Care Act 1997 (Cth), or

y Residential care funded by a grant under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.

RACF means a facility, including a Queensland Health residential aged care facility, at which accommodation, and personal care or nursing care or both, are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under the Aged Care Act 1997 of the Commonwealth, or funding is provided under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.

RACF defined to include: y a facility at which accommodation, and personal care or nursing care or both, are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under the Aged Care Act 1997 of the Commonwealth; or

y the aged care portion of a Multi-purpose Service (MPS) in which accommodation, and personal care or nursing care (or both), are provided to aged care residents, in aged care beds that are funded through the Commonwealth Government Multi-purpose Service Program; or

y that part of a regional hospital providing State funded residential aged care beds where accommodation, and personal care or nursing care (or both), are provided to a person in the same way as they would be if a residential care subsidy or a flexible care subsidy was payable under the Aged Care Act 1997 of the Commonwealth.

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Northern Territory Queensland South Australia

Workers included/excluded

Officer, employee or contractor of a RACF Residential aged care worker means any person:(a) employed or engaged by or on behalf of a RACF

(whether as an employee, contractor or agency staff) to work in, perform duties or provide services at a RACF on a full time, part time or casual basis; and

(b) includes a health service employee and a person engaged (whether as an employee, contractor or agency staff) to work in, perform duties or provide services at a Queensland Health RACF; and

(c) for the purposes of Part 2, includes a medical practitioner and allied health professional, including paramedics and emergency services staff who regularly attends and provides care to residents of a RACF whether employed or engaged by the resident, RACF or another person.

Vaccination requirement applies to: y employed or engaged by or on behalf of a RACF (whether as an employee, contractor or agency staff) to work or perform duties at a premises of a RACF on a full time, part time or casual basis, including: y Direct care workers (nurses; personal care workers; allied health professionals; allied health assistants);

y Administration staff (reception; management; administration); y Ancillary staff (food preparation; cleaning; laundry; garden; maintenance);

y Lifestyle / social care (music/art therapy); y Transport drivers of residents of RACFs;

y Volunteers engaged by a RACF to undertake duties at a RACF; y Students on placement at a RACF; and y Medical practitioners and allied health professionals who attend and provide care to residents of a RACF whether employed or engaged by the resident, RACF or another person.

Medical exemptions y No specific exemption. y ‘If the person was able to receive it’ in dir.7.

If a person has a medical contraindication and a medical certificate certifying this condition, then they may enter and engage in work if the operator accesses exceptional circumstances are met. The worker must provide the operator with a medical certificate certifying they are unable to receive the COVID-19 vaccine because they have a recognised permanent medical contraindication. If the medical contraindication is only temporary, the certificate must specify when the person can receive the COVID-19 vaccination.

y relevant person may engage in work or duties at a RACF after 17 September 2021 despite not having received a first vaccine dose if:

y the person has a medical exemption from receiving the COVID-19 vaccine, or the person is pregnant; and

y the person provides the operator of the RACF a medical certificate from a legally qualified medical practitioner certifying the above.

Exemption for limited vaccine availability

No specific exemption.‘If the person was able to receive it’ in dir.7.

Exceptional circumstances. A worker can work where the operator assesses the risk to residents and other residential aged care workers, the operator can determine a person is not reasonably able to access a COVID-19 vaccine, and y there is a critical workforce shortage; or y the person’s duties are necessary to provide specialist clinical care to a resident or non-specialist maintenance of the quality of care to residents

y it is not reasonably practicable to deploy the worker to an alternative work site.

relevant person may engage in work or duties at a RACF after 17 September 2021 despite not having received a first vaccine dose if the person has received a temporary exemption in writing from an authorised officer and provides the RACF operator with written evidence of the exemption.An authorised officer may give the temporary exemption if: y the person is not reasonably able to access a COVID-19 vaccine by 17 September 2021;

y the person’s work or duties at a RACF is necessary to provide for specialist clinical care of a resident; or

y the person’s work or duties at a RACF is necessary to ensure maintenance of the quality of care available to residents.

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Northern Territory Queensland South Australia

Other exemptions No specific exemption.‘If the person was able to receive it’ in dir.7.

A residential aged care worker who does not comply with the COVID-19 vaccination requires to enter, work in and provide services, if the entry, work or services are immediately necessary to provide emergency care to a resident.

A prescribed authorised officer may, if satisfied that exceptional circumstances exist, exempt (conditionally or unconditionally) a person or class of persons from this direction or a provision of this direction.

What else must a provider do?

The RACF proprietor must take all reasonable measures to ensure that a person does not enter or remain on the RACF premises if prohibited under these or other directions.

An operator must take all reasonable steps to ensure that a residential aged care worker does not enter, work in, or provide services in the residential aged care facility if the person is prohibited. Operator is to facilitate access to COVID 19 vaccination

The operator of a RACF in South Australia must take all reasonable steps to ensure that a person does not enter or remain on, or perform work or duties at, the premises of the RACF if the person is prohibited from doing so under this direction

Evidence and record keeping

Relevant person must give the RAFC proprietor evidence of vaccination status under dir.7 or otherwise (dir.9).RACF proprietor must keep a record of the information provided under dir.9.

Worker must provide evidence of medical exemption to the operator.

Relevant person must provide written evidence of exemptions to the RACF operator

Reporting Access to the information provided under dir.9 must be provided to an authorised officer on request.

An operator must keep a record of COVID-19 vaccinations reported to it (to comply with Cth reporting obligations relating to aged care)

None specified.

Enforcement See notes in the direction referring to enforcement and penalty provisions of the Act.

Pt 8. Offence if a person fails without reasonable excuse to comply with the direction. 100 penalty units or 6 months imprisonment.

Nothing in this direction derogates from the powers of authorised officers to exercise powers pursuant to the Act.

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Tasmania Western Australia Victoria

What? Mandatory Vaccination of Certain Workers – No. 1. Residential Aged Care Facility Worker Access Directions.

COVID-19 Mandatory Vaccination Directions.

Who is affected? y Relevant workers. y Operator – a person who owns, controls or operates a RACF

y RACF workers. y Owner, operator or person apparently in charge of an RACF.

y Residential aged care facility operators. y Relevant workers.

‘sufficiently vaccinated’: y having received all COVID-19 vaccination doses enabling issue of a vaccination certificate from the Australian Immunisation Register (AIR) or recognised overseas equivalent, or

y having received at least one dose of COVID-19 vaccine and having made a booking to receive, as soon as is reasonably possible, all other required doses to enable issue of AIR or equivalent vaccination certificate, or

y having made a booking to receive a first dose as soon as reasonably possible, providing evidence of the booking to the RACF operator, and receiving all required doses to enable issue of AIR or equivalent vaccination certificate as soon as reasonably possible.

Vaccinated means that the person has had at least one dose of a COVID-19 vaccine registered by the Therapeutic Goods Administration on and from 12.01am on 17 November 2021, a residential aged care facility worker must not enter, or remain at, a residential aged care facility if the residential aged care facility worker has not been fully vaccinated against COVID-19.

y they have received a full COVID-19 vaccination; or y they have received a partial COVID-19 vaccination and made a booking to receive a full COVID-19 vaccination by 15 November 2021; or

y they have not received any doses of a COVID-19 vaccine and have made a booking to receive a dose of a COVID-19 vaccine by 1 October 2021; or

y they cannot receive a COVID-19 vaccine for the reason permitted in subclause (2).

What’s included? y RACF defined as a facility at which accommodation, personal care or nursing care are provided to a person for whom an Aged Care Act 1997 residential care or flexible care subsidy is payable.

RACF defined as a facility at which accommodation, personal care or nursing care are provided to a person for whom an Aged Care Act 1997 residential care or flexible care subsidy is payableApplies only to that part of the premises being used as an RACF.

y RACF means the premises at which accommodation and personal care or nursing care or both are provided to a person in respect of whom a residential care subsidy or a flexible care subsidy is payable under the Aged Care Act 1997 of the Commonwealth.

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Tasmania Western Australia Victoria

Workers included/excluded

Vaccination requirement imposed on: y persons employed, or engaged, by or on behalf of the residential aged care facility, regardless of whether consideration is paid or payable for the employment or engagement, and

y persons undertaking a clinical placement, or work experience, at the residential aged care facility; (iii) persons employed, or engaged, by or on behalf of the residential aged care facility, to provide services, other than maintenance services, in respect of the residential aged care facility or one or more residents of the residential aged care facility, regardless of whether consideration is paid or payable for the employment or engagement.

Excluded maintenance services include a range of building and similar services, and gardening and similar maintenance services.

A person who provides goods or services at a RACF and is employed or otherwise engaged, including in a voluntary or unpaid capacity, other than an ad hoc volunteer:a. by the owner or operator of a RACF, or b. a third party who provides goods and services

at the RACF for or on behalf of the owner or operator of a RACF, including a labour hire firm who provides staff to supplement the permanent workforce, including, for the avoidance of doubt:

c. a direct care worker including a nurse, a personal care worker, an allied health professional and an allied health assistant;

d. an administrative staff member including a person working in administration, management or reception services;

e. an ancillary staff member including a cleaner, a laundry staff member, a gardener, a person performing food preparation services and a person providing maintenance services;

f. a person providing lifestyle and social care, including a person providing music or art therapy or a transport driver who transports residents of the residential aged care facility for the purposes of outings.

residential aged care facility worker means a person (including a volunteer) that is:employed or engaged as a contractor, by an operator that operates a residential aged care facility to perform work at the residential aged care facility including: (i) direct care workforce including nurses, personal care

workers, allied health professionals, and allied health assistants;

(ii) administration staff including reception and management staff;

(iii) ancillary staff including food preparation, cleaning, laundry, gardening and general maintenance staff;

(iv) dental practitioners;(v) phlebotomists (pathology nurses);(vi) lifestyle and social staff, such as those delivering music

or art therapy; (vii) transport drivers who are responsible for collecting and

transporting residents to and from the residential aged care facility for outings;

(viii) volunteers engaged by the residential aged care facility to undertake duties at the facility;

(ix) students on placement; (x) medical practitioners and allied health professions who

attend the residential aged care facility to provide care to residents of the facility; and

a medical practitioner, dental practitioner or allied health professional who is employed or engaged by a resident of a residential aged care facility to provide care to the resident;

Medical exemptions Vaccination requirement does not apply to a person who is unable to be vaccinated due to a medical contraindication, holds a medical certificate or other document from a medical practitioner that certifies that the person is unable to be vaccinated, and provides a copy of the document to the RACF operator.

Vaccination requirement does not apply to a person who has a medical exemption, of which the person provides proof on request.

they have provided the operator of the work premises at which they perform work with evidence from a medical practitioner certifying that an exception applies to them.

Exemption for limited vaccine availability

None specified. Temporary exemption means an exemption approved by WA Emergency Officer or a person authorised for that purpose.

None.

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Tasmania Western Australia Victoria

Other exemptions Vaccination requirement does not apply to a person who is ‘ineligible, due to the person’s age, to be vaccinated against the disease until a later phase of the vaccination program recognised by the Director of Public Health’ or delegate; and provides evidence of age to the RACF operator

y Deemed to be exempt – eg law enforcement officer, emergency officer; acting under statutory duty;

y Column 2 of Schedule 1 – (includes ad hoc volunteer; in reach service provider (eg delivery driver; tradesperson; hairdresser etc);

y Persons authorised by the WA Emergency Officer.

(1) An operator of a work premises is not required to comply with any of the requirements in these directions (except the requirement in subclause (2)) in relation to:

(a) a worker that is required to perform work or duties at the work premises that are necessary to provide for urgent specialist clinical or medical care at the work premises due to an emergency situation or a critical unforeseen circumstance; or

(b) a worker that is deployed to fill a vacancy to provide urgent care, to maintain quality of care and/or continue essential operations at the work premises due to an emergency situation or a critical unforeseen circumstance.

What else must a provider do?

RACF operator must: y as soon as practicable after commencement of the Direction, notify each relevant person of the obligation to be vaccinated by 17 September 20201

y from 17 September 2021, ensure that a relevant person does not enter or remain on the RACF premises, unless sufficiently vaccinated or exempt.

None. An operator must inform workers who perform, or are intended to perform work, at the work premises operated by the operator that the operator will be requesting the workers to provide information and evidence by 17 September 2021.

Evidence and record keeping

Vaccinated worker must provide the RACF operator with evidence of vaccination status comprising Immunisation History Statement from the AIR or equivalent overseas document.RACF operator must retain evidence of exemption or of vaccination status provided under the Direction.

Worker must provide evidence of vaccination status if required to do so by their employer. RACF owner must collected and maintain record if the vaccination status of each RACF worker.

An operator must keep the necessary records to demonstrate compliance with these directions, including, but not limited to, records of sighting evidence referred to in clauses.

Reporting RACF operator must provide details of the documents held to the Director of Public Health

RACF owner can provide information to Commonwealth under Aged Care Act 1997.

On request from an Authorised Officer, an operator must provide access to records demonstrating compliance with these directions

Enforcement and penalties

Public Health Act.100 penalty units or 6 months imprisonment or both.

$20,000 penalty for individuals.$100,000 penalty for bodies corporate.

False/misleading information: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty unitsCompliance with Direction: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units.

Other provisions On and from 17 September 2021, an operator must require a worker referred to in clause 5(3)(d) to comply with the following requirements: y wear PPE that includes at a minimum, a surgical mask and face shield, at all times while at the work premises; and

y only work at a single work premises.

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STAFF VACCINATIONSUPPORT SERVICE