LEGAL UPDATE – Mandate restrictions on easing in Queensland


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


Starting this Thursday, Queenslanders will now 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 faculties, early childhood training, outdoors faculty care, kindergartens, household day care, police watch homes, youth detention facilities and airports.

Regardless of these restrictions on easing, obligatory vaccines are nonetheless required for staff 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 falling throughout the scope of these not topic to the obligatory vaccines, shall 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 observe the latest Honest Work Fee resolution 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, slightly than a mandate imposed by employers.

It was held in Jamieson that Monash Well being had carried out a path that was not a mandate and “[Her] resolution to not get vaccinated meant that Monash Well being, certain 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 meet the inherent necessities of her job.

The place employers made choices to terminate employment of staff based mostly on non-compliance with the orders, these choices stay legitimate. Some former staff might 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 resolve tips on how to interact/re-engage these staff.

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

The place the well being orders will now not function in some industries, employers ought to contemplate whether or not affordable instructions is likely to be made round vaccinations as a part of your WHS / danger administration system.

That is commentary revealed by Colin Biggers & Paisley for basic data functions solely. This shouldn’t be relied on as particular recommendation. It is best to search your individual authorized and different recommendation for any query, or for any particular scenario or proposal, earlier than making any closing resolution. The content material is also 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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