COVID Vaccination Requirements

Updated: Apr 15

What happens if there is no specific mandate?


Making a lawful and reasonable direction about vaccinations

In the absence of a specific mandate, there may be some limited circumstances when it is lawful and reasonable for an employer to mandate vaccination.


A direction to be vaccinated may be lawful if mandated or not prohibited by law.


However, if not mandated the direction must also be reasonable by reference to the risks to the health and safety of the individual worker, other staff or persons in the workplace.


It needs to be a reasonably proportionate response to those risks. It is clear based on recent cases about mandating flu vaccinations that the approach to the reasonableness of mandating vaccination must be a risk based approach: Ms Bou-Jamie Barber v Goodstart Early Learning, Glover v Ozcare and Jennifer Kimber v Sapphire Coast Community Aged Care Ltd.


In other words, a lawful direction about vaccination will only be reasonable if a risk-based analysis demonstrates it is required to ensure that the risks of COVID-19 are managed as required under work health and safety legislation. This risk-based analysis involves various considerations, each of which must be weighed against each other, including the factors set out below (replicated in the Tool, Examples of considerations for COVID-19 risk assessment and key external sites).

COVID Vaccinations
Brian AJ Newman LLB - Chief Executive Officer

If you think you may have been discriminated against in relation to this issue or are suffering any kind of poor treatment as a result of the vaccination status, please contact us by completing the Priority Intake Form on our website. Once we receive that information, assuming you have not already done so, we will arrange a time to discuss this issue on a phone conference or Zoom/Teams meeting as a FREE consultation.


Brian AJ Newman LLB

Chief Executive Officer


Source: Lexis Nexis, Dealing with the impact of widespread disease on the workplace (15 April 2022) <https://advance.lexis.com/document/documentlink/?pdmfid=1201009&crid=42780bc2-0ee6-4b89-b905-0325a8526489&pddocfullpath=%2Fshared%2Fdocument%2Fpractical-guidance-au%2Furn%3AcontentItem%3A5YTP-RWP1-F65M-6002-00000-00&pdcontentcomponentid=375426&pddoctitle=Dealing+with+the+impact+of+widespread+disease+on+the+workplace&pdproductcontenttypeid=urn%3Apct%3A535&pdiskwicview=false&ecomp=4st1k&prid=c3da4b41-f01d-453c-9152-254e859e90d6>


18 views0 comments