On 9 August 2021, in response to this announcement, the WA Government published the Residential Aged Care Facility Worker Access Directions (the Directions) to implement the mandatory vaccination of aged care workers.
Residential Aged Care Facility Worker Access Directions
Under the Directions, a residential aged care facility worker (worker) must not enter, or remain at, a residential aged care facility (facility) unless they are vaccinated against COVID-19 or present in some capacity other than as a worker.
‘Vaccinated’ means that the person has had at least one dose of a COVID-19 vaccine registered by the Therapeutic Goods Administration.
Where only part of the premises is being used as a residential aged care facility, nothing prevents a worker that is unvaccinated against COVID-19 from entering those parts of the facility that are not being used as a residential aged care.
Definition of worker
Worker is defined as the following persons:
- a person who provides goods or services at the facility and is employed or otherwise engaged, including voluntary or unpaid capacity (other than an ad hoc volunteer), by:
- the owner or operator of the facility;
- or a third party who provides goods and services at the facility on behalf of the owner or operator, including a labour hire company;
- a person who provides services at the facility 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; and
- Respite care;
- a person who provides health, medical, pharmaceutical or allied health services to a resident;
- a student who is on a placement as a formal part of their education;
- an ambulance officer.
In relation to a person who provides goods or services and is employed or otherwise engaged, the definition specifically includes direct care workers (e.g. nurses or personal care workers) and administrative staff members.
Exempt persons
The term worker does not include exempt persons, who are defined as:
- a person with a medical or temporary exemption;
- a person or worker who enters the facility:
- for the purposes of performing a law enforcement function that cannot be reasonably performed other than by entering the residential aged care facility;
- in pursuance of a statutory duty arising under a law of the Commonwealth that cannot be reasonable performed other than by entering the residential aged care facility;
- performing any function or duty or exercising any right or power under a Fair Work entry permit or a Work Health and Safety entry permit;
- responding to an emergency in a capacity other than as an ambulance officer;
- a person who is:
- an ad hoc volunteer;
- an in-reach service provider or contractor, including a delivery driver or a tradesperson;
- participating in the Community Visitors Scheme or Partners in Care Programme; or
- a family member or friend of a resident;
- any other person who is declared in writing to be an exempt person.
Medical exemption
Medical exemption is defined as being a medical exemption recorded on the Australian Immunisation Register and displayed on the individual’s Immunisation History Statement.
The Australian Immunisation Register medical exemptions include:
- a permanent vaccine exemption due to a medical contraindication because of previous anaphylaxis or significant immunocompromise (applies only to live attenuated vaccines only); or
- a temporary vaccine exemption due to a non-permanent contraindication because of the following:
- acute major medical illness;
- significant immunocompromise of short duration (live attenuated vaccines only); or
- the individual is pregnant (live attenuated vaccines and COVID-19 vaccines only.
You can access the Australian Immunisation Register immunisation medical exemption form here. The form must be certified by an eligible health professional.
Record of vaccination
A worker must produce evidence that they have been vaccinated against COVID-19 when directed to do so by an emergency officer or required to do so by their employer or the owner or operator of the facility.
The owner or operator must take all reasonable and lawful steps to collect and maintain a record of a worker’s vaccination status and provide any record to an emergency officer on request.
The information must also be disclosed in accordance with obligations under the Aged Care Act 1997. You can read our blog post on the recording and disclosure obligations relating to COVID-19 vaccines here.
The Directions will come into effect at 12:01am on 17 September 2021.
For more information, or to discuss how we may be able to assist your business, please contact Panetta McGrath Lawyers.
To read the Directions, click here.
Authors: Gemma McGrath and Morgan Barnsby.
