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LEGAL UPDATE – Mandate restrictions easing in Queensland

Posted on 29/01/2024 by Iqbal Nugroho

IN BRIEF

the Public Health (Further Extension of Declared Public Health Emergency—COVID-19) Regulation (No. 2) 2022 was implemented only last week. However, the Premier has turned around on that announcement and has announced some of Queensland’s last remaining COVID-19 restrictions will be lifted from 1am, 30 June 2022.

Summary

Beginning this Thursday, Queenslanders will no longer require COVID vaccinations to visit aged care facilities, disability accommodation and correctional facilities.

The Premier has also announced that the high-risk worker vaccine mandate would also be revoked in schools, early childhood education, outside school care, kindergartens, family day care, police watch houses, youth detention centers and airports.

Despite these easing restrictions, mandatory vaccines are still required for workers in healthcare, hospitals, aged care and disability care.

What does this mean for you?

The Premier stated that the decision around mandatory vaccinations in businesses falls within the scope of those not subject to the mandatory vaccines, will be made by the employer. This means that it is their choice as to whether they have a direction in place for employees.

This stance seems to follow the recent Fair Work Commission decision of Ms Emma Jamieson v Monash Health [2022] FWC 1331 (Jamieson), where Commissioner Johns emphasized that mandatory vaccinations in a workplace are a matter of choice for employees, rather than a mandate imposed by employers.

It was held in Jamieson that Monash Health had implemented a direction that was not a mandate and “[Her] decision not to get vaccinated meant that Monash Health, bound by the terms of the Directions, was required to ensure that [she] did not attend the workplace.” She was then subsequently dismissed for being unable to fulfill the inherent requirements of her job.

Where employers made decisions to terminate the employment of employees based on non-compliance with the orders, those decisions remain valid. Some former employees may seek to be returned to the workplace now that the public health orders have ceased to operate in some industries. It is for employers to decide how to engage/re-engage those employees.

For those employees who have been stood down because their vaccination status was not in line with the public health orders, now is the time to re-engage with them to discuss their return to the workplace.

Where the health orders will no longer operate in some reasonable industries, employers should consider whether directions might be made around vaccinations as part of your WHS / risk management system.

This is a commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content is also subject to change. A person listed may not be admitted as a lawyer in all States and Territories. © Colin Biggers & Paisley, Australia 2021.

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  • Exploring the World of Antique Jewelry
  • The Health Risks of a Sedentary Lifestyle vs. Active Sports
  • The Future of Nutrition: Technology-Enhanced Eating
  • The Ultimate Kitchen Cleanup Guide for Home Cooks
  • Exploring the World of International Street Food

alternative ways to sell your house buy my house home realtor home sellers house buying companies house realtor houses how do you search by mls number? how to sell your home online how to sell your house by owner how to sell your own house my realtor national association of realtors realtor realtor.com find a home realtor.com florida realtor.com mi realtor.com official site realtor.com rentals realtor.com texas realtor definition realtor homes for sale realtor logo realtor md realtor nc realtor near me realtor net realtor on realtor one realtor pa realtor pronunciation realtors realtor websites sell home by owner sell home for cash sell home online sell home quick selling a house sell my home sell my own home steps to selling a house by owner the realtor the realtors what does a realtor do yahoo real estate listings

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