COVID Response - TAS Public Health Direction - Mandatory Vaccination of Certain Workers No.8

The Tasmanian Public Health Direction of 3 November 2021 (Direction) updated the earlier direction, which provided for mandatory vaccinations for medical or health facilities and services and now extends the mandatory vaccinations to those who provide high intensity supports to NDIS participants.

When does the Direction need to be complied with?

On and from 21 November 2021.

What does the Direction prevent?

Persons not sufficiently vaccinated or having the applicable exemption from providing high intensity supports to an NDIS participants

What is considered sufficiently vaccinated?

A person will be considered sufficiently vaccinated if they have:

a)    received all required doses (i.e. double dose);

b)    received at least one dose and have made a booking for their second dose; or

c)     made the booking for the first dose as soon as is reasonably possible, provide evidence of the booking to their supervisor (in most cases this will be their employer or principal) and as soon as is reasonably possible receive their second dose.

Are there any exemptions?

Yes.  A person can be exempted from the requirement to be sufficiently vaccinated if they:

a)    are unable to be vaccinated due to a medical contraindication and provide evidence of this;

b)    otherwise hold an exemption and provide evidence of this; or

c)     are an emergency management worker responding to an emergency.

Person must wear a mask on the premises unless under 12 years of age or otherwise exempted from wearing a mask.

What must employers do to comply with the Direction?

To comply with the Direction employers must take all reasonable steps to:

a)    notify any applicable person of the requirement to comply with the Direction by 21 November 2021.

b)    ensure that any person who is not sufficiently vaccinated or does not hold an applicable exemption does not provide high intensity supports to an NDIS participants;  and

c)     keep evidence of all documents in relation to compliance with the Direction.

What is considered to be high intensity support?

(A) one of the following supports that, if provided as part of the NDIS, requires certification under the National Disability Insurance Scheme (Provider Registration and Practice

Standards) Rules 2018:

(I) assistance with daily life tasks in a group or shared living arrangement;

(II) group and centre-based activities;

(Ill) specialised supported employment; or

(IV) assistance with daily personal activities;

(B) one of the following supports that, if provided as part of the NDIS, requires verification under the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018:

(I) community nursing care; or

(II) therapeutic supports;

What happens to an employee or contractor who cannot work because they are prohibited from working or attending site by the Direction?

This is not straight forward and may depend on contracts and industrial instruments and the individual’s role and circumstances. You should seek specific advice before withholding pay or terminating employment or an engagement in these circumstances.

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