The situation in Victoria has confused the issue of whether a person must have an influenza vaccination before entering an aged care home. In this article we clear up the confusion.
Recently, ACE received this question from a reader:
“Is it still mandatory for visitors and staff to have influenza vaccinations prior to entry of a facility? I have conflicting information that is providing confusion.”
In today’s article we answer this question and give you some tips on how to stay up to date with visitor restrictions. Meanwhile, we’re keen to hear more questions and suggestions from you, so click here to share your thoughts via our Suggestion Box.
ACT |
Yes |
NSW |
Yes |
NT |
Yes |
QLD |
Yes |
SA |
Yes |
VIC |
No |
TAS |
Yes |
WA |
Yes |
Residential aged care entry restrictions in Victoria are set out in the Care Facilities Direction. As at 12 October 2020, the current version of the Care Facilities Direction is Care Facilities Direction (No. 13).
Care Facilities Direction (No. 13) does not require a person entering a Victorian aged care home to have an influenza vaccination.
In its latest fact sheet on visitors in residential aged care, the Victorian Department of Health and Human Services (DHHS) said: “While a requirement to have an up to date influenza vaccination is no longer a restriction of the directions, staff and volunteers are still required to be offered the vaccination program as per Commonwealth requirements.”
The absence of an influenza vaccination entry requirement in Victoria has been confusing for Victorian aged care homes because:
Victoria’s old Care Facilities Direction (No. 7), section 2(e) said that a person must not enter a residential aged care facility if “the person does not have an up to date vaccination against influenza”.
On 22 July 2020, Care Facilities Direction (No 7) was revoked and replaced with Care Facilities Direction (No 8). The requirement to have an influenza vaccination was removed from Direction (No 8). Direction (No 8) did not mention vaccinations at all.
Influenza vaccinations were not mentioned in Care Facilities Directions 9, 10, 11 or 12. Nor are they mentioned in the current Direction 13.
In early August 2020, ACE was forwarded correspondence between a Victorian aged care home and DHHS. In this correspondence, a DHHS representative described the removal of the vaccination entry requirement as “an unfortunate omission” and said that “the advice regarding all people attending a residential aged care service must have an up to date influenza vaccination in order to be present on the premises continues to stand.” The representative added that the mistake “will be rectified soon so please carry on as advised in previous directives.”
However, DHHS has rewritten and reissued the Care Facilities Direction five times since sending this correspondence, and the omission has not been corrected. And, in its latest fact sheet on visitors in residential aged care, DHHS said: “While a requirement to have an up to date influenza vaccination is no longer a restriction of the directions, staff and volunteers are still required to be offered the vaccination program as per Commonwealth requirements.”
So, even if the omission was originally a mistake, it is now being treated as if it were correct.
As we’ve seen, Victorian aged care homes are not currently required to exclude unvaccinated people from entry. But should they do so anyway?
The advice from the Commonwealth and every other state and territory is that they should. In any event, all homes should at least consider such exclusions as part of a broader risk-management strategy. Homes should also ensure that they clearly document the rationale behind their decision.
If you do decide to exclude non-vaccinated people from entry to your Victorian aged care home, this is the rule you can follow, as set out in the old Victorian Care Facilities Direction (No 7):
A person must not enter, or remain on, the premises of a residential aged care facility if the person does not have an up to date vaccination against influenza, if such a vaccination is available to the person.
A vaccination is considered to be not “available to the person” if there is a good reason for the person not to receive the vaccination, such as the person having a medical condition that makes the vaccination unsafe for them.
In its fact sheet on restrictions on entry into aged care facilities and its advice on responsibilities of residential aged care providers, the Department of Health (commonwealth) advises that:
Similarly, State and Territory health information emphasises the vulnerability of aged care consumers to flu, and flu like diseases, highlighting the risks of serious pneumonia, hospitalisation and death.
This means that as an aged care provider you must take precautions to prevent and control the flu and minimise infection-related risks by:
As part of this, you must also demonstrate:
Care Facilities Directions are changed frequently, so stay up to date by regularly checking these websites:
To stay up to date with the rapidly-changing COVID-19 regulations and advice, see CompliSpace’s free COVID-19 Regulatory Changes page.
For general advice on flu vaccination entry restrictions see the Commonwealth Department of Health’s FAQs.