South Australia and Western Australia have become the first states to officially make COVID-19 vaccinations mandatory for residential aged care workers from 17 September 2021.

All other states/territories except Victoria have expressed an intention to make COVID-19 vaccinations mandatory from 17 September, but as at 16 August 2021, have not passed any laws to that effect. Victoria has indicated that it might not make COVID-19 vaccinations mandatory.

For general information about the upcoming mandatory COVID-19 vaccinations, see our previous article. Below is a summary of the South Australian and Western Australian requirements. For full details of those requirements see the links in the More Information sections below.

South Australia

The requirement

A person must not engage in work or duties at a registered aged care facility (RACF) from 17 September 2021 unless:

• the person has received at least one dose of a Therapeutic Goods Administration (TGA) approved COVID-19 vaccine.

If the person has received only one dose, they must also provide evidence of a booking to receive a second dose or they will not be allowed to work at the RACF.

Who does this requirement apply to?

The requirement is broad and applies to anyone who works or performs duties at a RACF, including:

• employees, contractors and agency staff
• full-time, part-time and casual workers
• direct care workers
• administrative staff
• ancillary staff (food preparation, cleaning, laundry, garden, maintenance)
• lifestyle/social care (music/art therapy)
• drivers
• volunteers
• students on placement
• medical practitioners and allied health professionals.

Exemptions

A person may work at a RACF after 17 September 2021 despite not having received their first does of a COVID-19 vaccine if:

• the person has a medical exemption or is pregnant AND provides a medical certificate as evidence; or
• the person has received a “temporary exemption” from an “authorised officer”.

An “authorised officer” means one of the senior officers in the South Australian Department of Health. These officers may issue a “temporary exemption” to a person if they decide that the person’s work is necessary at the RACF and it is not currently possible for the person to access a COVID-19 vaccine.

More information

SA Health: Aged Care – COVID-19

Western Australia

The requirement 

For workers

From 17 September 2021, a residential aged care facility worker must not enter, or remain at, a residential aged care facility if the worker has not been vaccinated against COVID-19. This requirement only applies if the worker is present at the residential aged care facility in their capacity as a residential aged care facility worker (i.e, if the worker is at the facility for non-work reasons, such as visiting a family member, the requirement does not apply).

A worker must produce evidence of vaccination if directed to do so by an emergency officer or required to do so by their employer/the person in charge of the facility. They must produce the evidence in the form approved by the Chief Health Officer.

For the person in charge of the facility

The owner, occupier or person apparently in charge of a residential aged care facility must:

• collect and maintain a record of the vaccination status of each of their workers
• on request, provide these records to an emergency officer as soon as practicable after the request is made
• use and disclose the records only in accordance with the law
• protect the records from misuse, loss and unauthorised access, modification or disclosure.

Who does this requirement apply to?

The requirements apply to any person who provides goods or services at a residential aged care facility and is employed or otherwise engaged by the owner/operator of the residential care facility or by third party such as a labour hire firm. This includes:

• direct care workers, including nurses, personal care workers, allied health professionals and allied health assistants
• administrative staff
• ancillary staff, including cleaners, laundry staff, gardeners, food preparation services and maintenance
• persons providing lifestyle and social care, including music or art therapy
• transport drivers who transport residents of the residential aged care facility for the purposes of outings
• a person who provides services in connection with:
  • the Transition Care Programme
  • the Short Term Restorative Care Programme
  • the Multi-Purpose Services Programme
  • the National Aboriginal and Torres Strait Islander Flexible Aged Care Programme
  • Respite care

but only to the extent that those services are being provided at the residential aged care facility

• a person who provides health, medical, pharmaceutical or allied health services to a resident of the residential aged care facility
• a student who is on a placement at a residential aged care facility as a formal part of their education
• an ambulance officer.

The mandatory COVID-19 vaccination requirements apply to any of the above people, whether they are paid employees or volunteers – unless they qualify as “ad hoc volunteers”.

The mandatory COVID-19 vaccination requirements do not apply to “ad hoc volunteers”. An “ad hoc volunteer” is someone who volunteers “no more than once per week”.

Exemptions

The following people are exempt from the mandatory COVID-19 vaccination requirements:

• a worker with a medical exemption (and who can provide proof of their medical exemption)
• a worker with a temporary exemption (this is a special exemption set by the Western Australian Chief Health Officer, also known as the "Emergency Officer")
• a person at the facility to perform a law enforcement function or legal duty
• a person at the facility to respond to an emergency in a capacity other than as an ambulance officer (e.g. firefighting)

Any of the following “in-reach service providers or contractors” unless they are “employed or otherwise engaged by the owner/operator of the residential care facility” (i.e., if the service provider is self-employed or employed by an agency or labour hire firm, they are exempt and do not have to be vaccinated. But if the service provider is directly employed by the aged care facility, they are not exempt and must be vaccinated):

• a delivery driver or person providing one-off trade deliveries
• a tradesperson
• a hairdresser
• a pastoral care worker or clergy, including a resident's personal Minister/clergy/pastoral care worker
• a librarian
• a solicitor
• an AN-ACC/ACAT/RAS assessor
• an Aged Care Quality and Safety Commission Field staff member
• an Aged Care Advocate delivering the National Aged Care Advocacy Program (OPAN Members).

More information

Residential Aged care Facility Worker Access Directions

Staying up to Date

This situation is changing rapidly. Other states and territories are likely to follow the lead set by South Australia and Western Australia and pass new laws soon. The links below can help you stay up to date.

ACT

ACT Public Health Directions

Advice for visitors to aged care facilities

NSW

Chief Health Officer advice to residential aged care facilities

NT

Chief Health Officer Directions (see “Directions for Aged Care Facilities”)

Residential Aged Care Advice

Qld

Residential Aged Care Directions

SA

Residential Aged Care Facilities Directions

Tas

Aged care facility visitor restrictions

Vic

Aged care sector - COVID-19

WA

COVID-19 information for aged care and community care providers

Residential Aged care Facility Worker Access Directions