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The Australian Health Protection Principal Committee (AHPPC) ruled in January that COVID-19 vaccines would not be made compulsory for people working in residential aged care facilities.
However, with Victoria, the country’s second-most populous state, thrust back into lockdown at the end of May 2021, after a cluster of COVID-19 cases emerged in state capital Melbourne, Federal Health Minister Greg Hunt announced that he has asked the panel to reconsider. The Australian Health Protection Principal Committee is assessing this proposal and it has caused a split amongst the Aged care industry, with some concerned additional demands would reduce goodwill, increase “rebellion” and entrench worker shortages.
Private Aged Care Workers Vaccination Blitz
Australian Nursing and Midwifery Federation Federal Assistant Secretary Lori-Anne Sharp said the mandatory vaccine issue was a “smokescreen” for the failure to facilitate vaccinations for the workforce.
“It’s quite extraordinary that the government is talking about mandating the COVID vaccines in private aged care when they have fundamentally failed to have access to those workers in private age care,” she said. “There is no transparency around it. Given the workers haven’t had access to it, talking about mandating it is quite extraordinary.” This comment was sparked after data showed a high percentage of aged care staff had not yet been vaccinated and so a “five-day blitz” was introduced in which private aged care workers were given priority to access vaccination centres across Victoria from 2 June 2021. The blitz has been organised in response to the Federal Government’s minimal in-reach vaccination rate in private aged care and increased community transmission in Victoria.
Western Australia Mandates COVID-19 Vaccination – Should we all follow?
State leaders across the country have expressed their position regarding mandatory COVID-19 vaccinations among aged care workers. But the Australian Health Protection Principal Committee (AHPPC), a decision-making body for public health emergencies, has advised against such a move.
“Mandating COVID-19 vaccination must balance the rights of an individual in the workplace against the public health benefits of vaccination at the time and must take into account any unintended consequences such as impacts on workforce availability and delivery of care to residential aged care residents,” the AHPPC said in a recent statement.
Nevertheless, on 7 June 2021, the McGowan government of Western Australia pledged to mandate that aged care workers are to be vaccinated. Mr McGowan said the mandatory vaccinations would commence from August, making them the first state to commit to mandatory vaccination and in contrast to AHPPC’s advice.
An overwhelming number of Australian Financial Review readers support mandatory vaccination of aged care workers. A survey was conducted in which the reader was asked, “Western Australia has made COVID-19 vaccinations mandatory for aged care workers. Do you think other states should do the same”, to which an overwhelming 86% answered “Yes”.
Can my employer legally force me to get vaccinated?
Given the novelty of COVID-19 and the vaccinations, the Fair Work Commission is yet to rule on whether mandatory vaccination policies can be implemented in the workplace and be considered a requirement of a job. Nevertheless, the previous government roll-out of influenza vaccines across the aged care and childcare industry had been held to be lawfully implemented and mandated.
If it is held that COVID-19 vaccination can be mandated, refusing to get vaccinated has been held to constitute grounds for dismissal, unless a lawful exception is applied. Even in cases where there is an exemption, the Fair Work Commission will assess whether the purported “valid medical exemption” demonstrates a genuine risk to an employee’s health if they are vaccinated. It is clear that simple generic medical exemptions will not be accepted.
Although these cases explicitly deal with the influenza vaccine and in the industry of childcare, it can be anticipated that a similar rationale will be applied to mandatory COVID-19 vaccines in the aged care industry, given they are the most vulnerable of the population.
By Gary Pinchen
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