In this update, you will find information about the most recent government directions and key dates to ensure compliance in time for the resumption of teaching in term 4.
The relevant government direction is the “Directions from Acting Chief Health Officer in accordance with emergency powers arising from declared state of emergency COVID-19 Mandatory Vaccination Directions (No 5)” issued on 2 October 2021. The direction applies to education providers who are:
Under the direction, school staff must have had:
By 18 October 2021, schools need to have collected the following information from staff:
If staff have not provided the above information by 18 October 2021, they will not be permitted on school grounds, and will need to be treated as though they are unvaccinated.
Additionally, if staff have not received their first dose by 18 October 2021 but have made a booking to receive their first dose by 25 October 2021, they will be permitted on site. If the person has not received their first dose by 25 October 2021, they will not be permitted on school grounds after that date.
The direction permits an exception to the vaccination requirement if a staff member has a medical contraindication, as determined by the clinical guidance issued by Australian Technical Advisory Group on Immunisation.1
If a staff member seeks to apply for an exception, the school must sight and record evidence from a specified list of medical practitioners:
If a staff member refuses to be vaccinated and cannot provide the required evidence of a medical contraindication, they will not be permitted on school grounds from 18 October 2021.
The direction does not provide scope for an individual staff member to be granted an exception on any other grounds (including religious grounds). However, engaging in a proper and lawful process with any staff who raise a religious objection is important, so that the school can avoid later claims of discrimination and/or unfair dismissal.
There is scope for a temporary exception to be granted on the basis of an emergency for the limited duration of that emergency, if the staff member wears PPE including a surgical mask and a face shield (as a minimum).
Schools are required to collect, record and hold information regarding each staff member’s vaccination status if they will or may be on school grounds from 18 October 2021.
An authorised officer may request a school to provide its vaccination records. The school will be required to comply.
Schools are required to communicate the vaccination requirements to affected staff members as soon as reasonably practicable. The information to be collected includes:
Schools may accept the following information as evidence of vaccination status:
Privacy considerations which apply to health information apply here. Including regarding storage, use, disclosure, security, access and archiving. The use or disclosure of staff vaccination information for an unauthorised purpose would attract serious penalties.
In the event a staff member does not comply with the government direction and does not have a medical contraindication, a school will be required to consider its options with respect to that staff member, including whether stand down, leave arrangements or other disciplinary consequences are available in the circumstances.
Considerations include:
This assessment will need to be conducted on a case-by-case basis with a careful examination of the duties of the staff member and the operational requirements of the school. Should you require assistance, Moores can help you through the process of making this assessment.
Significant penalties apply if a school or staff member does not comply with the direction. An individual can face a fine of up to $21,808 (120 penalty units) and the school could face a fine of up to $109,044 (600 penalty units) for a single breach.
Additionally, if a person is found to have provided or recorded false or misleading information, an individual can face a fine of up to $10,904 (60 penalty units) and a body corporate may face a fine of up to $54,522 (300 penalty units).
Moores can assist your school, including to:
Please contact us for more detailed and tailored help.
The Victorian Government is pushing the “3 Vs” for the return to school in Term 4: Ventilation, Vaccination and Vital COVIDSafe Steps.
The Victorian government today announced mandatory vaccination for school staff. The mandate will apply to teachers, support staff, administrative staff and cleaners and to all schools and all types of early childhood and care settings.
The Education Minister said to reporters: “Anyone who works on-site at schools or early childhood settings, they will not be able to work on site if they are not vaccinated.”
School staff must have their 1st dose by 18 October 2021 and the 2nd dose by 29 November 2021.
Exceptions: It looks like there will be scope for medical exceptions to the vaccination requirement. There is limited information available about the extent or application of those exemptions and we expect more information to come.
Only low-fee non-government schools will receive a share of the 51,000 ventilators to be rolled out according to the government’s announcement today. Likewise, only low-fee non-government schools are eligible for a grant of up to $25,000 for shade sails – to facilitate increased outdoor learning. Other independent and Catholic schools will also not receive financial support from the government to purchase their own.
Independent and catholic schools may nevertheless need to review ventilation infrastructure, assess ventilation and CO2 monitoring steps in their planning for term 4.
See the Premier of Victoria’s 22 September press release for more information.
Please contact us for more detailed and tailored help to ensure you are prepared for return to school in Term 4.
Closure of the school gates may have brought relief from some concerns, but moving to online learning and keeping the school afloat bring continuing obligations.
School boards need to continue to meet and govern the school, even when students are not on campus.
These challenging times are also a test of the Board’s effectives. It’s easy to be a leader when everything is going well. But, in the words of a fellow cancer survivor, Mary Tyler Moore, You can’t be brave if you’ve only had wonderful things happen to you.
Here are our top tips for Boards and the leadership team of key considerations to keep in mind as schools move online.
This does not stop. The requirements of Ministerial Order 870 include that the Board (or other governing authority) develop strategies for embedding a culture of child safety at the school. The Board needs to (among other things) develop risk management strategies pertinent to the online environment, and still vet teachers, still have reporting channels for reports of suspected child abuse and deliver education to children about standards of behaviour.
Some immediate tips to consider:
Zoom-hosted and other virtual classrooms raise issues of privacy. Parents should not participate or conduct conversations in virtual classrooms, even if present to supervise. Similarly, educators should not refer to ill students or family members other than “they are away from school today”.
Groups of children online need to be reminded about cyber-bullying. The usual rules need to be emphasised, as does parent control over devices. They should be inaccessible at night, despite the changes. Consider if teachers are able to monitor conversations between students that occur on school sanctioned online platforms, recognising that it is likely that the school’s duty of care will extend to any cyber-bullying or inappropriate messaging that occurs on school platforms.
Check all provider contracts and their cancellation clauses. Do not assume a refund is available. Earlier termination may be considered better, but beware fixed term contracts – you may have to pay them out in full, unless you can point to “frustration” or external factors.
Many contracts will allow the builders to walk offsite and make this the school’s problem. Check the force majeure clause to see whether the school has rights to terminate and/or receive back deposits paid.
Check lease terms to understand the implications of non-payment of rent. Re-negotiate rent holidays early.
Consider what you will do if an enrolment agreement allows the school to terminate, particularly around behaviour. Will the duty of care mean you have to find another school for any students that the school terminates? If terminating for non-payment, what is the school’s credit policy? Does this need to be reviewed? Will the school prefer to keep enrolments, and the funding? Note you will need a sufficient number of non-parent board members to vote on any changes to fee or credit policies, because parent board members will need to declare a conflict of interest.
Does your constitution actually allow this? Many are too old and were drafted before emails and telemeetings existed. You may need to amend the constitution to ensure your resolutions are valid in online meetings (query if you can hold a members’ meeting). Furthermore, given the need for fast decision making during these critical times, consider if your constitution allows resolutions to be made by circulation and ensure you are complying with the requisite notice requirements before voting on resolutions.
Directors must ensure the school is solvent – this is a directors’ duty. Even though the law has been temporarily changed to allow insolvent trading in the ordinary course of business for a period of 6 months, the usual rules of good decision making apply. The laws have been relaxed, not repealed, so directors are still required to exercise sound judgment and not breach other directors’ duties. For example, causing school insolvency by entering into a prohibited arrangement would still be an issue. Entering into a modelled temporary insolvency to pay staff who are still working and who will be needed after the crisis, in the context of considered and suitable cost cutting, would be much less problematic.
Flexibility and workforce restructuring need to be considered.
What measures do you need to ensure wellbeing and connectedness? Will children be in uniform/complying with dress code? (Some schools say uniform only required on the visible top half). How will distressed students access school counsellors?
Moores is still working and available 24/7 to support you. For more information or guidance, please do not hesitate contact us.