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.
As Victorian schools plan and hope for some kind of return to in-person learning in term 4, now is the time to determine the critical matters of vaccines and masks, and ensure you discharge your duty of care.
Join Amanda Junkeer and Cecelia Irvine-So, Practice Leaders at Moores, for our express lunchtime briefing covering your key considerations when navigating issues relating to staff, students, families and visitors, including:
• mask wearing;• visitor rules;• vaccine refusal; and• mask refusal.
Be prepared and confident with Moores’ support.
All attendees receive our return to campus checklist.
This compulsory vaccination policy meant the only exemption from a vaccination for children attending child care or kindergarten was on medical grounds. The ‘conscientious objector’ loophole was closed at the time by changes to education and care laws.
The introduction of the 2016 ‘no jab, no play’ vaccination policy was accompanied by much community debate around the importance of high immunisation to establish ‘herd immunity’. A catalyst for the policy was an increase in outbreaks of whooping cough and measles.
To complement ‘no jab, no play’, the Federal Minister for Education and Training introduced ‘no jab, no pay’, meaning the Child Care Subsidy and other childcare payments are only paid to parents whose children are fully immunised.
It is unclear if, in the future, the COVID-19 vaccines may be added to the list of required immunisations for child care. The current vaccines required of four year olds by the Department of Health includes:
A number of independent schools are openly promoting COVID-19 vaccination to teachers and other staff. Some will offer the convenience of vaccination to staff on campus, recognising that avoiding lockdowns and spending more time in classrooms with students is likely beneficial to education and development of young people.
Offering access to the vaccine is unlikely to cause any problems for a school, but mandating a vaccination might be a different story.
The recent announcement by major food manufacturer, SPC, which set out that it will mandate vaccinations for its employees, has spurred significant discussion and debate about what employers could, can or should do. While there is some guidance emerging from regulators and even the federal government, many employers, including schools, are uncertain about how to approach vaccinations and their workforce.
It is certain that there will be continued focus on this issue in the coming months with close attention paid to the legal challenges to employers who mandate COVID-19 vaccination. In the absence of government directives or regulation, it will be up to employers to balance competing considerations, including safety risks, in order to assess if mandating vaccination is lawful and reasonable, and therefore defensible, in the employer’s specific circumstances.
Chair of WorkSafe Australia, Ms Diane Smith-Gander, has said businesses where social distancing is difficult such as supermarkets probably have legal backing to mandate vaccinations.
Taking a slightly different approach, NSW Premier Gladys Berejiklian is considering a plan to allow fully vaccinated employees back to work earlier than those who are not. It is unclear how this policy would work practically in an education environment where certain staff to student ratios are required for supervision and duty of care.
Many schools are considering the practical arrangements regarding mask wearing and social distancing, considering key interactions between parents and parent presence on campus, including at after school pick up and when entering buildings.
In uncertain times, fear and anger can be elevated. Parents may have certain expectations around vaccination of staff, or the behaviour of those on campus regarding social distancing or mask wearing. Others might be opposed to certain COVID measures. It can be a difficult task for schools managing varying expectations.
Clearly communicate the expectations of the school regarding behaviour. The Victorian Government’s Operations Guide provides some expectations and limitations of COVID-safe behaviour. For example, it requires all parents and carers who enter school buildings to use a QR code check-in system, however, QR check-in is not required when parents or carers come onto school grounds for drop off or pick up, but do not enter buildings.
Does your school facilitate events and sell tickets? Perhaps you organise a school concert or speech night? Or a charity gala or ball?
When facing uncertainty in the era of COVID-19, it is important to reflect on your dealings with community members, stakeholders and consumers and ensure your practices meet the standards of the Australian Consumer Law.
Guidance published by the Australian Competition and Consumer Commission (ACCC) confirms that when an event is cancelled due to government restrictions, it is unlikely the consumer (likely parents) will be entitled to a refund under the Australian Consumer Law.
Instead of a refund, you may agree to provide another remedy, such as providing a partial refund, a credit note, gift certificate or voucher, or postponing the event until a later date.
Particularly relevant obligations of the Australian Consumer Law to cancellations caused by COVID-19 are:
This means refund or cancellation policies, or terms and conditions, for example, applicable when a school sells tickets to events, may need to be reviewed.
With extensive experience helping education clients navigate tricky issues, we approach questions regarding COVID-19 with vigour and enthusiasm, ready to help you meet these emerging challenges.
Moores also has a strong workplace relations team who deliver workplace and industrial relations in commercial and for-purpose sectors, such as education and disability.
Please do not hesitate to contact us.