LEGAL UPDATE – Mandate restrictions easing in Queensland


the Public Well being (Additional Extension of Declared Public Well being Emergency—COVID-19) Regulation (No. 2) 2022 was applied solely final week. Nevertheless, the Premier has circled on that announcement and has introduced a few of Queensland’s final remaining COVID-19 restrictions will probably be lifted from 1am, 30 June 2022.


Starting this Thursday, Queenslanders will not require COVID vaccinations to go to aged care services, incapacity lodging and correctional services.

The Premier has additionally introduced that the high-risk employee vaccine mandate would even be revoked in colleges, early childhood training, exterior faculty care, kindergartens, household day care, police watch homes, youth detention facilities and airports.

Regardless of these easing restrictions, obligatory vaccines are nonetheless required for employees in healthcare, hospitals, aged care and incapacity care.

What does this imply for you?

The Premier acknowledged that the choice round obligatory vaccinations in companies falls inside the scope of these not topic to the obligatory vaccines, will probably be made by the employer. Which means that it’s their alternative as to whether or not they have a path in place for workers.

This stance appears to comply with the current Truthful Work Fee choice of Ms Emma Jamieson v Monash Well being [2022] FWC 1331 (Jamieson), the place Commissioner Johns emphasised that obligatory vaccinations in a office are a matter of alternative for workers, somewhat than a mandate imposed by employers.

It was held in Jamieson that Monash Well being had applied a path that was not a mandate and “[Her] choice to not get vaccinated meant that Monash Well being, sure by the phrases of the Instructions, was required to make sure that [she] didn’t attend the office.” She was then subsequently dismissed for being unable to satisfy the inherent necessities of her job.

The place employers made choices to terminate the employment of workers based mostly on non-compliance with the orders, these choices stay legitimate. Some former workers could search to be returned to the office now that the general public well being orders have ceased to function in some industries. It’s for employers to determine the right way to interact/re-engage these workers.

For these workers who’ve been stood down as a result of their vaccination standing was not according to the general public well being orders, now could be the time to re-engage with them to debate their return to the office.

The place the well being orders will not function in some cheap industries, employers ought to think about whether or not instructions is perhaps made round vaccinations as a part of your WHS / danger administration system.

It is a commentary printed by Colin Biggers & Paisley for normal data functions solely. This shouldn’t be relied on as particular recommendation. You must search your personal authorized and different recommendation for any query, or for any particular scenario or proposal, earlier than making any remaining choice. The content material can also be topic to alter. An individual listed will not be admitted as a lawyer in all States and Territories. © Colin Biggers & Paisley, Australia 2021.

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