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...
Aged Care Blog
Record-keeping and reporting requirements for the COVID-19 and influenza vaccines
Whilst no directive from the WA Government has been published, the Federal Government has introduced legislation outlining the record-keeping and reporting requirements that apply both to the COVID-19 vaccine and the influenza vaccine, which are summarised below. Care...
COVID-19 vaccinations to be mandatory for all residential aged workers by September 2021
It is expected that this requirement will be introduced through WA’s existing mechanisms (i.e. State Emergency directions) with the support of the Commonwealth which oversees compliance in the aged care sector. However, no directive has yet been released by the WA...
Aged Care and Other Legislation Amendment (Royal Commission Response No.1) Bill 2021
The Aged Care and Other Legislation Amendment (Royal Commission Response No.1) Bill 2021 (the Bill) makes urgent amendments to the Aged Care Act 1997 (the Aged Care Act) and the Aged Care Quality and Safety Commission Act 2018 regarding: restrictive practices; home...
Aged Care in the 2021-2022 Federal Budget: The Government’s Response to the Royal Commission
This year’s Budget has been widely regarded as fundamental to a reform of Australia’s aged care system. A need for reform means a need for funding The need for reform is well known in light of the Royal Commission into Aged Care Quality and Safety. The Commission’s...
The perils of insisting upon employees rendering exclusive service during the COVID-19 pandemic
On 30 March 2021, the Fair Work Commission (Commission) handed down the decision of Health Services Union v Huntingdon Nursing Home Pty Ltd [2021] FWC 1730 (Decision), which dealt with an attempt by New South Wales aged care provider, Huntingdon Nursing Home Pty Ltd...
Mandatory flu vaccinations in aged care facilities
Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWC 1818 In early 2020, the New South Wales Government issued a public health order (PHO) requiring any person entering the facility to have an up-to-date vaccination against the flu. In accordance with...
Is a mandatory vaccination policy a lawful and reasonable direction?
A significant decision from the Fair Work Commission (FWC) provides some useful guidance on the reasonableness and lawfulness of such policies, after the dismissal of an employee for refusing to take a free flu vaccine was upheld. Ms Bou-Jamie Barber v Goodstart Early...
Update on Electronic Execution under the Corporations Act
This Determination temporarily allowed companies to execute documents electronically and permitted the split execution of documents. In other words: The definition of a ‘document’ was amended to include those in electronic form. Execution of documents under the...
New Serious Incident Response Scheme begins 1 April 2021 – Is your organisation ready?
These reportable incidents include: a. unreasonable use of force; b. unlawful sexual contact, or inappropriate sexual conduct; c. psychological or emotional abuse; d. the unexpected death of a resident or care recipient; e. stealing or financial coercion by a staff...