All states and territories except Victoria have issued orders officially making COVID-19 vaccinations mandatory for residential aged care workers from 17 September 2021. Victoria has indicated (at 2 September 2021) that it will be publishing the Chief Health Officer direction on mandatory COVID-19 vaccinations for residential aged care workers in the next week.
Among the state/territory orders there is much variation in how the requirements are expressed and the exemptions available. For full details of the orders in your state/territory, follow the links provided in the Department of Health’s webpage: Mandatory COVID-19 vaccination in residential aged care.
In the meantime, here is a summary of the requirements in each state/territory.
Workers
From 17 September 2021 a worker at a residential aged care facility must not enter or remain on the premises of a residential aged care facility in the Australian Capital Territory if they have not received at least one dose of a COVID-19 vaccination. There are also requirements for a worker to produce evidence of vaccination if directed to do so.
Operators
The operator of a residential aged care facility must take all reasonable steps to ensure that a person does not enter or remain on the premises of the residential aged care facility if the person is prohibited from doing so. There are also requirements for operators to keep vaccination records and protect them from loss or misuse.
As at 31 September 2021, there are no requirements in the ACT regarding a second dose of the COVID-19 vaccine.
Who does the requirement apply to?
The ACT requirement applies to “workers” or “staff members”. This means a person who has, or is reasonably likely to have, access to aged care residents; and is either:
The requirement also applies to some volunteers and some contractors. The ACT order provides a list of who is covered by the requirement and who is not. See More Information below for a link to the ACT order.
Exemptions
The ACT Chief Health Officer may exempt a person from the COVID-19 vaccination requirements. In particular, the Chief Health Officer may exempt a person because:
Note: these exemptions are not automatic. They do not apply unless the ACT Chief Health Officer grants them in writing.
More information
To see the latest ACT order, follow the link provided in the Department of Health’s webpage: Mandatory COVID-19 vaccination in residential aged care.
Workers
From 17 September 2021, a worker must not enter or remain on the premises of a residential aged care facility unless the person has received at least one dose of a COVID-19 vaccine. There are also requirements to provide evidence of vaccination if directed to do so.
Health practitioners and students
From 31 October 2021, a health practitioner or student must not enter or remain on the premises of a residential aged care facility unless the person has received at least one dose of a COVID-19 vaccine. There are also requirements to provide evidence of vaccination if directed to do so.
Operators
Operators must take steps to ensure that workers, health practitioners and students comply with the requirements.
As at 31 September 2021, there are no requirements in NSW regarding a second dose of the COVID-19 vaccine.
Who does the requirement apply to?
The requirement applies to:
The requirement does not apply to:
Exemptions
The COVID-19 vaccinations requirements do not apply to a person who:
More information
To see the latest NSW order, follow the link provided in the Department of Health’s webpage: Mandatory COVID-19 vaccination in residential aged care.
From 17 September, a person who is an officer, employee or contractor of an aged care facility must not enter or remain on the premises of the aged care facility if the person has not had the first dose of a COVID-19 vaccine.
From 31 October, a person who is an officer, employee or contractor of an aged care facility must not enter or remain on the premises of the aged care facility if the person has not had the second dose of a COVID-19 vaccine.
There are also requirements for a worker to produce evidence of vaccination, and requirements for operators to take measures to ensure compliance and to keep vaccination records.
Who does the requirement apply to?
The requirement applies to “a person who is an officer, employee or contractor of an aged care facility.” Those terms are not defined in the order.
Exemptions
The COVID-19 vaccination requirement only applies to a person if that person is “able to receive” the vaccination. This term is not defined in the order, but it is generally accepted that a person is not “able to receive” the vaccine if there is no vaccine available or they have a medical contraindication.
More information
To see the latest Northern Territory order, follow the link provided in the Department of Health’s webpage: Mandatory COVID-19 vaccination in residential aged care.
Workers
By 16 September 2021, a residential aged care worker must not enter, engage in work or duties or provide services, at a residential aged care facility unless they have received at least one dose of an approved COVID-19 vaccine.
By 31 October 2021, a residential aged care worker must not enter, engage in work or duties or provide services, at a residential aged care facility unless:
There are also requirements for workers to provide evidence of vaccination, and there are vaccination requirements for health service workers that come into effect 31 October 2021.
There are also requirements for operators to ensure compliance and to keep vaccination records and protect them from loss or misuse.
Who does the requirement apply to?
The requirement applies to any “residential aged care worker”, which means any person:
This includes care workers, nurses, administrative staff, ancillary staff (e.g. food preparation, cleaning, maintenance), lifestyle and social care staff, transport drivers who drive residents, and volunteers who are engaged by the facility to undertake duties at the facility (but does not include volunteers who are engaged personally by a resident).
Exemptions
The COVID-19 vaccinations requirements do not apply to a person who:
More information
To see the latest Queensland order, follow the link provided in the Department of Health’s webpage: Mandatory COVID-19 vaccination in residential aged care.
From 17 September 2021, a person must not engage in work or duties at a registered aged care facility unless:
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 facility.
Who does this requirement apply to?
The requirement is broad and applies to anyone who works or performs duties at a residential aged care facility, including:
Exemptions
A person may work at a facility after 17 September 2021 despite not having received their first does of a COVID-19 vaccine if:
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 facility and it is not currently possible for the person to access a COVID-19 vaccine.
More information
To see the latest South Australian order, follow the link provided in the Department of Health’s webpage: Mandatory COVID-19 vaccination in residential aged care.
Workers
From 17 September 2021, workers are not permitted to enter, or remain on, the premises of a residential aged care facility unless the person is “sufficiently vaccinated” against COVID-19.
A person is “sufficiently vaccinated” if:
Workers must provide evidence of vaccination.
Operators
Operators must immediately notify staff of their upcoming obligations to get vaccinated. From 17 September 2021, operators must take steps to ensure that unvaccinated workers do not enter the facility, and must keep vaccination records and provide them to the relevant authorities if requested.
Who does the requirement apply to?
The COVID-19 vaccination requirements apply to:
Exemptions
The COVID-19 vaccination requirements do not apply to a person if the person:
More information
To see the latest Tasmanian order, follow the link provided in the Department of Health’s webpage: Mandatory COVID-19 vaccination in residential aged care.
The Victorian Department of Health and Human Services has indicated (at 2 September 2021) that it will be publishing the Chief Health Officer direction on mandatory COVID-19 vaccinations for residential aged care workers in the next week.
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.
Operators
The owner, occupier or person apparently in charge of a residential aged care facility must:
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:
but only to the extent that those services are being provided at the residential aged care facility
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:
Any of the following “in-reach service providers or contractors” are exempt 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):
More information
To see the latest Western Australian order, follow the link provided in the Department of Health’s webpage: Mandatory COVID-19 vaccination in residential aged care.