FACTS In the context of an undetermined custody dispute, Child A, who was 15 years old, wished to be fully immunised against COVID-19. She received her first COVID-19 vaccine in November 2021 and wanted to proceed with the second and third doses in the usual course....
COVID-19 Blog
Mandatory Covid Vaccinations: Implications for Work Health and Safety
A failure to comply without a reasonable excuse is punishable by a fine of up to $20,000 for individuals, and $100,000 for bodies corporate. Following recent developments in New South Wales, aged care providers who contravene the Directions, may also be held liable...
Mandatory COVID-19 vaccination for aged care workers
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...
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...
Recalibrating telehealth risks
Since March 2020 (and, at the time of writing, continuing at least until the end of the year) temporary telehealth items have been made available on the Medicare Benefits Schedule in response to COVID-19. Whether due to pandemics or as a product of new and evolving...
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...
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...
Factsheet | A guide to executing contracts
The question of who can sign and how they can validly sign depends on the document, and the identity of the parties. In the modern age (particularly in light of COVID-19), electronic signing has a growing role to play. A temporary legislative response enabling...