According to the Department of Health, from 17 September onwards, the vaccination status data that residential aged care homes report weekly via My Aged Care will be used to assess compliance with mandatory COVID‑19 vaccination requirements.

Here’s what you need to know to stay up to date and avoid sanctions.

Background

Weekly Reporting Requirements

Residential aged care homes are required to report weekly, via My Aged Care, on the vaccination status of their workers. This means reporting on:

• total number of workers at each aged care service
• total number of workers at each service who have received a single dose of a COVID-19 vaccine
• total number of workers at each service who have received all required doses of a COVID-19 vaccine

For more information see our previous article.

Mandatory vaccinations for aged care 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 if they have not received at least one dose of a COVID-19 vaccination.

For more information see our previous article.

What does this mean for residential aged care providers?

Residential aged care providers have a responsibility to take reasonable steps to ensure “non-compliant workers” do not enter and remain at their facility. A “non-compliant worker” is a worker with zero doses of the COVID-19 vaccine. As at 21 September 2021, a worker who has had only one dose is considered compliant.

To assess whether you have fulfilled this responsibility, the Aged Care Quality and Safety Commission (ACQSC) and/or Department of Health will use the vaccination status data that you report weekly via My Aged Care.

If your data shows that you had a non-compliant worker onsite anytime from 17 September 2021, you will also need to report that this worker was exempt from the vaccination requirement. Otherwise, you will be in breach of your obligations and could face sanctions.

Note: when it comes to avoiding sanctions, reporting is just as important as reality. If all your workers are vaccinated, but you fail to report this in your vaccination status data, you could still face sanctions. So be sure to keep your reporting data up to date.

What if all of my workers have received their first vaccination?

If you accurately report this in your weekly data reports, you have properly fulfilled your obligations. But you should also ensure you have fulfilled your record-keeping responsibilities. These vary slightly across states/territories, but usually involve collecting proof of immunisation status and ensuring these records are used and maintained appropriately.

For more information refer to the relevant public health orders in your state or territory.

What if some of my workers have not received their first vaccination?

If your data shows that you had a non-compliant worker onsite anytime from 17 September 2021, you will also need to report that this worker was exempt from the vaccination requirement. Otherwise, you will be in breach of your obligations and could face sanctions.

Exemptions

My Aged Care will allow you to report these exemptions for your non-compliant workers:

• a permanent medical exemption authorised by a medical practitioner
• a temporary medical exemption authorised by a medical practitioner
• an authorised temporary exemption or exception due to the inability to access a COVID-19 vaccine
• an authorised temporary exemption or exception due to a critical workforce shortage, to maintain the provision of quality of care or to protect the health and safety of residents
• an authorised exemption or exception related to another category in the relevant state or territory public health order.

Let’s examine what each of these categories mean and whether they might apply to your workers.

Permanent medical exemption authorised by a medical practitioner

A permanent medical exemption to a COVID-19 vaccine is where an individual can prove that they are unsuitable for the vaccine because of a permanent medical contraindication. The kind of proof required varies across states/territories. In some jurisdictions a medical certificate will be sufficient, but in others it will not be sufficient. Refer to the relevant public health orders in your state or territory.

If claiming this exemption for a worker, be prepared to provide proof.

Temporary medical exemption authorised by a medical practitioner

A temporary medical exemption to a COVID-19 vaccine is where an individual can prove that they are unsuitable for the vaccine because of a temporary medical contraindication or other temporary medical reason. The kind of proof required varies across states/territories. In some jurisdictions a medical certificate will be sufficient, but in others it will not be sufficient. Refer to the relevant public health orders in your state or territory.

If claiming this exemption for a worker, be prepared to provide proof. Also be sure to note the end date of the temporary exemption and to review the worker’s case to ensure they remain offsite after the end date (unless they comply with the vaccination requirements or receive another exemption).

Pregnancy is available as a temporary exemption in South Australia only. In the other states/territories, pregnancy is not accepted as grounds for a temporary exemption.

Authorised temporary exemption or exception due to the inability to access a COVID-19 vaccine

This exemption is not available in all states/territories, and even where it is available it is unlikely to be granted. Unless you are confident that the exemption is available to your workers and you have strong evidence that the exemption applies, you should not try to claim this exemption.

Authorised temporary exemption or exception due to a critical workforce shortage, to maintain the provision of quality of care or to protect the health and safety of residents

This exemption is not available in all states/territories, and even where it is available it is unlikely to be granted. Unless you are confident that the exemption is available to your workers and you have strong evidence that the exemption applies, you should not try to claim this exemption.

An authorised exemption or exception related to another category in the relevant state or territory public health order

The states/territories have powers to establish other exemptions in the future. As at 21 September 2021, no such exemptions have been established, so this exemption does not currently apply.

Practical Steps to consider

Equally important in reporting vaccination data and your workforce status in the My Aged Care portal is the internal information management systems that are operational and by which this information is recorded, stored and reported. Consider:

• drafting and communicating vaccination policy and procedures to guide and inform staff regarding COVID19 vaccination requirements and expectations as well as the consequence of not being vaccinated and ongoing employment
• developing and maintaining information systems to accurately record and report workforce vaccination status
• assigning responsibility to relevant managers and organisation committees for the monitoring and review of vaccination reports and the status of the organisation. This will need to reflect workforce turnover information to ensure currency
• reviewing and updating relevant Human Resources policies and procedures, including employment documentation, to reflect COVID19 vaccination reporting and the individual’s current vaccination status and relevant history. This will also need to clearly record evidence of COVID vaccination status.

More information

Public health orders in your state or territory

Department of Health: Mandatory COVID-19 vaccination in residential aged care

Department of Health: FAQS on exemptions to mandatory COVID-19 vaccination in residential aged care