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 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 shall be lifted from 1am, 30 June 2022.


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

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

Regardless of these restrictions on easing, necessary 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 necessary vaccinations in companies falling inside the scope of these not topic to the necessary vaccines, shall be made by the employer. Which means that it’s their selection as to whether or not they have a course in place for workers.

This stance appears to observe the latest Truthful Work Fee determination of Ms Emma Jamieson v Monash Well being [2022] FWC 1331 (Jamieson), the place Commissioner Johns emphasised that necessary vaccinations in a office are a matter of selection for workers, reasonably than a mandate imposed by employers.

It was held in Jamieson that Monash Well being had applied a course that was not a mandate and “[Her] determination 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 selections to terminate employment of staff based mostly on non-compliance with the orders, these selections stay legitimate. Some former staff 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 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 in step 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 not function in some industries, employers ought to contemplate whether or not affordable instructions could be made round vaccinations as a part of your WHS / danger administration system.

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