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Mandatory Vaccination – Legal Update

The WA government has been gradually releasing directions for restrictions on access to particular premises if a person is not vaccinated. The fine for breaching the directions (including failing to keep proper records of vaccination statue) are $100,000 for companies and $20,000 for individuals.

Shortly before Christmas, the government released their “vaccination booster” directions, which adds the requirement for a booster to all current vaccination directions (set out below). This means that for all premises and people covered by access directions that require double dose vaccinations, an additional requirement of the booster vaccination has now been added.

For those eligible for a booster vaccination at the commencement of the directions (24 December 2021), a booster vaccination must be obtained on or before 4 February 2022 for a person to access locations covered by the current directions.

For those eligible after 24 December 2021, the booster must be administered within one month of becoming eligible. You should be careful to assess eligibility in the context of the reduced recommendations (currently four months and to be reduced to three months from the end of January 2022).

Determining if directions cover a particular workplace or individual can be complex and obtaining advice is recommended.

Our COVID-response team has put together a quick guide to the directions that have been released so far.

Which premises do these apply to?
Most WA airports including the terminals, baggage handling facilities or buildings or facilities on that land that are ancillary to or connected with the operation of the airport.

The checkpoints located at the Eucla/Eyre Highway at the WA/SA borders and the Kununurra/Victoria Highway at the WA/NT border.

Who is covered by the directions?
Any air services worker, including those holding Aviation Security Identification Cards or Visitor Identification Cards, retail or good/beverage services workers, or those engaged by the airport to provide goods and services, including maintenance, security and cleaning services.

Any border worker, which means a person who monitors and regulates the movement of people, goods or animals entering into WA a border crossing checkpoint, including a quarantine inspector or other border workers.

Air services workers and border workers attending an airport or border crossing checkpoint solely in a capacity other than as a worker are not covered by the directions.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 December 2021 and the deadline for the second dose vaccination is 12:01am on 1 January 2022.

What exemptions apply?
Passengers and those picking up, greeting or visiting at the airport.

Those providing goods and services on an ad hoc basis (less than once per week), including tradespeople or delivery drivers.

Commonwealth employees, those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available. Other directions may apply to those persons, so it is important to obtain professional advice on your particular circumstances.

As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer, the owner, operator or person apparently in charge of an airport or the person apparently in charge of a border crossing checkpoint must keep a record of the vaccination status of each worker.

Which premises do these apply to?
Any building and construction site in Western Australia, excluding residential properties where persons currently reside.

Who is covered by the directions?
Any building and construction workers who need to access a building and construction site.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 January 2022.
The Deadline for the second dose vaccination is 12:01am on 1 February 2022.

What exemptions apply?
If a person is only on site in a capacity other than as a building or construction worker

If a person is on premises where only part is being used as a building and construction site and the person stays on that part

Those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available

As with other directions, medical exemptions and temporary exemptions are available

What records are required?
The owner of the site and/or employer of any workers on site must keep a record of vaccination status or relevant exemptions.

Which premises do these apply to?
Any community care services facility or a community care services accommodation. These include services (including legal, financial and relationship counselling, food and emergency relief and welfare services) relating to drug and alcohol treatment and support, disability support, child protection, Aboriginal and Torres Strait Islander people, family and domestic violence, public housing, homelessness, mental health, in-home and community aged care, and other social services.

This does not include health care, residential aged care or quarantine facilities (which have separate directions).

Where only part of a premises is being used as a community services facility, the directions do not prevent a person from entering that part of the premises that is not being used as an education facility.

Who is covered by the directions?
Any person who is a community care services worker, or a community care critical services worker.

Community care services workers and community care critical services workers attending a community care services facility or community care services accommodation solely in a capacity other than as a worker are not covered by the directions. Nor are ad hoc volunteers, ad hoc tradespeople, delivery drivers (provided they maintain 1.5 metres distance), those who reside in the premises as a member of the household, or those present as a patient, or carer, family member, friend, interpreter, guardian, foster carer, or advocate of a patient.

The directions also do not apply to those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available.

Other directions may apply to those persons, so it is important to obtain professional advice on your particular circumstances.

What are the relevant deadline?
For community care services workers the deadline for the first dose vaccination is 12:01am on 1 December 2021 and the deadline for the second dose vaccination is 12:01am on 1 January 2022.

For community care critical services workers (those employed by the Department of Communities in particular facilities) the deadline for the first dose vaccination is 12:01am on 1 January 2022 and the deadline for the second dose vaccination is 12:01am on 1 February 2022.

What exemptions apply?
As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer or person apparently in charge of a community care services facility or community care services accommodation or service provider of community care services must keep a record of the vaccination status of each worker.

Which premises do these apply to?
Any critical business site, which means a “critical accommodation premises”, or a “critical hospitality premises”, or a “critical retail, service or distribution premises”.

A “critical accommodation premises” means:

  • A hotel, motel, or other accommodation facility or premises to the extent that they provide accommodation services; or
  • Caravan park or camping ground, but not including any part of a caravan park or camping ground which is a residential park

A “critical hospitality premises” means:

  • a restaurant, café, pub, bar or club (not including nightclubs) whether licensed or unlicensed including premises selling food in a food court, shopping centre, or from a vehicle whether for consumption on site, takeaway meals or a meal delivery service;
  • a truckstop or roadhouse; or
  • a distillery, brewery or winery, but only to the extent that those premises are used for the providing of food for consumption on site, takeaway meals or a meal delivery service.

A “critical retail, service or distribution premises” means:

  • a supermarket, grocery store, butcher, fruit and vegetable store or fishmonger; or
  • a retail baker; or
  • a bulk food shop; or
  • a health food shops; or
  • a permanent fixture indoor or outdoor market but only to the extent that they are providing groceries, meat, fruit, vegetables, fish, fresh or prepared food; or
  • a bank or credit union or building society but only to the extent that the premises consist of a shopfront; or
  • a retail hardware store; or
  • a food distribution centre excluding food manufacturers; or
  • a petrol station including but not limited to a petrol station that sells groceries or food; or
  • a veterinary clinic or veterinary hospital; or
  • a place where funerals, burials, cremations or related activities are performed, including funeral parlours and crematoriums.

Who is covered by the directions?
Any critical business worker, which means:

  • a person who is employed or otherwise engaged to carry out activities or provide goods or services at a critical business site, including as a contractor or subcontractor,
  • a person who is an apprentice or cadet or trainee or on work experience or a placement at a critical business site, and
  • a person who is the owner, occupier, operator or person apparently in charge of a critical business site.

Who is excluded from the directions?
Visitors, guests or patrons of the premises.

Critical business workers attending a critical business site solely in a capacity other than as a critical business worker.

Those who provide “ad hoc” services, including tradespeople or delivery drivers, provided that person does not need to approach within 1.5m of a critical business worker or attends more than one critical business site in a week (or more than once a week).

Those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available.

Other directions may apply to these people, so it is important to seek specific advice on your circumstances.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01 am on 1 January 2022. The deadline for the second dose vaccination is 12:01 am on 1 February 2022.

What exemptions apply?
As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer or owner, occupier, or person apparently in charge of a critical business site must keep a record of the vaccination status of each critical business worker.

Also see articleGovernment directions for “critical” businesses 

Which premises do these apply to?
Premises owned, operated, occupied or under the control of the employer or person in charge of the regulator. This does not appear at this stage to extend to those persons when working outside of their work premises (ie when visiting sites), however it is likely this will be clarified shortly.

 Who is covered by the directions?
Inspectors such as pool inspectors, local government rangers, food safety auditors, mines, radiation and environmental inspectors, OHS inspectors, industrial inspectors, fair trading investigators or inspectors, liquor control inspectors, racing inspectors, corruption inspectors, vet or pound inspectors, environmental health officers under the Public Health Act, and other inspectors in relation to animal welfare, biosecurity and exotic animal diseases.

The directions do not apply to those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available.

The directions also do not apply to those employees who are engaging in work that is not specific regulatory functions, such as administrative or cleaning staff (even if they are engaged by the same organisation or working in the same premises).

Other directions may apply to those persons, so it is important to obtain professional advice on your particular circumstances. 

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 January 2022.
The deadline for the second dose vaccination is 12:01am on 1 February 2022.

What exemptions apply?
As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer or person apparently in charge of a critical government regulator site must keep a record of each critical government regulator.

Which premises do these apply to?
Any education facility, which means a school, a community kindergarten, a child care service facility (including family day care and outside school hours service), a vocational education and training institution, such as a TAFE (but not a university), or a boarding house.

Where only part of a premises is being used as an education facility, the directions do not prevent a person from entering that part of the premises that is not being used as an education facility.

The directions do not apply to play groups or premises used solely to provide children’s sport, dance, music, culture, language or religious instruction.

Who is covered by the directions?
Any person who accesses any of the above premises, and is an education worker, which means a school worker, a community kindergarten worker, a child care worker, or a vocational education and training worker. This does not include students, parents/carers or those who attend outside hours.

Ad hoc attendance is allowed under the direction (where a person only attends at one education facility once a week) on a voluntary or unpaid capacity, or to provide goods and services such as plumbing, electrical, etc.

The directions do not apply to those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available.

Other directions may apply to those persons, so it is important to obtain professional advice on your particular circumstances.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 January 2022.

The deadline for the second dose vaccination is 12:01am on 31 January 2022, or the first day of Term 1, whichever is sooner.

What exemptions apply?
As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer, principal or the person in charge of the education facility must keep a record of the vaccination status of each education worker.

Which premises do these apply to?
Any fire and emergency services site, which includes premises (including vehicles or vessels) where fire or emergency assistance is being performed (eg controlling fires or undertaking rescue operations), DFES premises, Volunteer Fire Bridge or other Voluntary Emergency Service premises, local government premises or DBCA premises used for fire prevention, control or extinguishment.

The directions do not prevent a person from entering part of a premises if that part is not being used as a a fire and emergency services site.

Who is covered by the directions?
Any person who is a Department of Fire and Emergency Services (DFES) employee or Department of Biodiversity Conservation and Attractions (DBCA) employee.

Any person who is a fire and emergency services worker, which includes members or cadets of fire and emergency services, those employed by local government to perform fire prevention, control or extinguishment, a person employed or engaged by the Australian Defence Force, persons providing goods and services or welfare services at a site, including voluntary or unpaid services, and labour hire, placements and administrative staff.

What are the relevant deadlines?
For DFES and DBCA employees the deadline for the first dose vaccination is 12:01am on 1 December 2021 and the deadline for the second dose vaccination is 12:01am on 1 January 2022.

For fire and emergency services workers the deadline for the first dose vaccination is 12:01am on 1 January 2022 and the deadline for the second dose vaccination is 12:01am on 1 February 2022.

What exemptions apply?
Ad hoc volunteers (no more than once per week) who provide welfare services at a fire or emergency services incident site, such as meals and refreshments, care packs, bedding, counselling and financial assistance.

Those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available. Other directions may apply to those persons, so it is important to obtain professional advice on your particular circumstances.

As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
DFES, DBCA or the employer or person in charge of a fire and emergency services worker must keep a record of the vaccination status of each worker.

Which premises do these apply to?
Any tier one, tier two or tier three health care facility, which includes public health facilities, premises occupied by the Department of Health or a health service provider, hospitals (including ancillary facilities), and COVID clinics or community vaccination clinics.

The directions do not prevent a person from accessing that part of a premises that is not being used as a health care facility.

Who is covered by the directions?
Health care workers, which includes those that provide health, medical, nursing, midwifery, pathology, pharmaceutical, social work or allied health services, those that provide direct care as an AIN, orderly or hospital service assistant, students on placement, and ambulance officers.

Health support workers, which includes those providing goods and services such as direct care, administrative, cleaning, laundry, gardening, food preparation, security and maintenance, lifestyle and social care, and commercial activities.

What are the relevant deadlines?
For all persons covered by these directions, they must be double dose vaccinated by 1 January 2022.

What exemptions apply?
Patients, family members or friends, tradespersons, delivery drivers, and in-reach providers such as pastoral care or clergy, or solicitors.

Ad hoc volunteers.

Health care workers or health support workers attending a health care facility solely in a capacity other than as a worker.

Those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available.

As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer, owner, occupier or person apparently in charge of a health care facility must keep a record of the vaccination status of each health care worker and health support worker.

Which premises do these apply to?
Any meat industry site, which means an abattoir or a processing works. Processing works means any boning room, smallgoods manufacturing facility, or other place where carcases are processed, in so far as it operates otherwise than by way of retail trading.

Who is covered by the directions?
Any person who is a meat industry worker, which includes those at the site who carry out activities or provides goods or services (including administrative, cleaning, maintenance and security) and apprentices, trainees and delivery drivers. It also includes State and Local government workers that attend the site to perform statutory duties.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 December 2021.
The deadline for the second dose vaccination is 12:01 on 1 January 2022.

What exemptions apply?
Meat industry workers attending a meat industry site solely in a capacity other than as a meat industry worker.

A tradesperson who provides services at a meat industry site on an ad hoc basis.

Those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available. Other directions may apply to these people.

As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer, owner, occupier, operator or person apparently in charge of a meat industry site must keep a record of the vaccination status of each meat industry worker.

Who is covered by the directions and to which premises do these apply to?
An exposed vessel worker must not embark an exposed vessel.

An exposed vessel worker means a person who works on any vessel or structure that is not located on land but does not include a person who is a member of the crew of a vessel, or a rig or platform crew member.

An exposed vessel means any vessel which in the previous 60 days:

  • has been in or at any ports outside of Australia;
  • has visited any ports which were a restricted location at the time the vessel visited the port, and which remain a restricted location;
  • has embarked an exposed on-board worker, exposed maritime crew member, or exposed rig or platform crew member;
  • has embarked a person who, in the 14 days prior to their embarkation, had been in a place outside Australia;
  • has embarked a person who has been in a location that was a restricted location in the 14 days prior to the person embarking the vessel and which remains a restricted location;
  • has had any person on board the vessel who was a confirmed case of COVID-19 while on board the vessel

An exposed vessel contact worker must not enter or remain at a port to carry out port activities or undertake a service in connection with an exposed vessel.

An exposed vessel contact worker means a person who carries out port activities or undertakes a service in connection with an exposed vessel. This includes the following roles:

  • a port or bulk service officer; or
  • a port rubbish collector; or
  • a port security guard or wharf supervisor; or
  • a landside operator; or
  • a person who assists a person with taking off (doffing) personal protective equipment after the person has:
    i) disembarked from an exposed vessel;
    ii) transported any exposed vessel crew

An exposed vessel transport worker must not enter or remain upon a dedicated conveyance in order to carry any person disembarking from an exposed vessel.

An exposed vessel transport worker means a person on a dedicated conveyance whose presence is necessary in order to safely operate that dedicated conveyance.

A dedicated conveyance means any vessel, vehicle or aircraft used for the transport of any exposed maritime worker, including a tender vessel or helicopter transferring a person to or from a vessel or a rig or platform, but excluding any taxi or rideshare service, any form of public transport, and any private vehicle used for non-commercial purposes.

A port worker must not embark or perform work on an unexposed vessel, or enter or remain at a port to carry out port activities or port operations or port services, or remain upon a vehicle in order to carry only persons disembarking from an unexposed vessel.

A port worker means a person who carries out a restricted port location, port activities, port operations or port services or undertakes a service in connection with an unexposed vessel. This includes the following roles:

  • a person who is an access card holder; or
  • a person who is an MSIC holder; or
  • an administrative staff member including a person working in administration, policy, management or reception services.

What are the relevant deadlines?
Exposed vessel workers, exposed vessel contact workers and exposed vessel transport workers must already be fully vaccinated. For port workers, the deadline for the first dose vaccination is 1 January 2022 and the deadline for the second dose vaccination is 1 February 2022.

What exemptions apply?
Those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available.

As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
Each employer of an exposed port worker or port worker or the owner, occupier, operator or person in charge of a port keep a record of the vaccination status of each worker.

Which premises do these apply to?
Any primary health care facility which means each of the following facilities:

  • A general practice;
  • A health clinic, which includes medical specialists, nurse operated clinics and allied health professional operated clinics;
  • A prison clinic;
  • A detention centre clinic;
  • Premises where COVID-19 related testing or COVID-19 vaccination occurs;
  • A community health centre at which a health service is provided to patients;
  • An Aboriginal health service;
  • A service provider office or site;
  • A mobile health vehicle;
  • A pharmacy;
  • A human pathology centre;
  • A human medical imaging centre;
  • A blood donation centre;
  • A dental surgery or practice; and
  • A research institute where patients attend the premises for research purposes.

The directions do not include facilities covered by the Health Worker directions, the Aged Care Directions or the Quarantine Centre directions and those directions continue to apply to those premises.

The directions also do not include private psychiatric hospitals, health clinics at times when they are residential premises, telehealth-only clinics (with only one worker), or disability supported accommodation.

Who is covered by the directions?
Any primary health care worker, which means a person who provides health services to a patient at a primary health care facility, a person who is a student and undertakes a placement, registration or internship at a primary health care facility as a formal part of their education, an ambulance officer and a person who provides good or services at a primary health care facility.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 November 2021.
The deadline for the second dose vaccination is 12:01am on 1 December 2021.

What exemptions apply?
Patients, family members and friends, advocates, guardians, and interpreters.

Ad hoc tradespeople or delivery drivers.

In-reach service providers such as pastoral care, solicitors or auditors.

Primary health care workers attending a primary health care facility solely in a capacity other than as a primary health care worker.

Those performing law enforcement, Fair Work or WHS functions or responding to an emergency (other than as a primary health care worker) or providing care to a patient where a vaccinated person is not available and immediate care is required. Other directions may apply to these people.

As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer, owner, occupier or person apparently in charge of a primary health care facility must keep a record of the vaccination status of each primary health care worker.

Which premises do these apply to?
A vehicle by which passengers or goods may be conveyed by road, railway or water (commercial transport conveyance) or road bus, ferry or railway train providing public transport (public transport conveyance), including taxis and rideshare vehicles.

The directions do not apply to a vehicle used only for carrying articles by ordinary post.

Who is covered by the directions?
Any person who is a transport worker, which is a person employed or engaged to work as a driver of a vehicle or is on board that vehicle in connection with the conveyance of passengers or goods (ie a ticket collector).

Passengers of these vehicles are not included in these directions, including a transport worker who is on the conveyance for non-work purposes.

Nor are those engaged in a voluntary or unpaid capacity to provide courtesy transport (ie not for profit and in connection with a primary service being provided) or community transport (to assist an individual or group in a community). For example, a mechanic that drops you at work while your car is serviced, or the van that collects the local sporting team for their game.

The directions also do not apply to those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available. Other directions may apply to those persons, so it is important to obtain professional advice on your particular circumstances.

The directions also do not apply to mining or petroleum workers, port workers, or maritime crew members. Other directions apply to those persons however and must still be complied with.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 January 2022.
The deadline for the second dose vaccination is 12:01am on 1 February 2022.

What exemptions apply?
As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer or owner/operator of the conveyance must keep a record of the vaccination status of each worker.

Which premises do these apply to?
Any residential aged care facility, which means any facility at which accommodation and personal care or nursing care are provided and for whom subsidies under the Aged Care Act 1997 are payable.

The directions do not prevent a person from accessing that part of a premises that is not being used as a health care facility.

Who is covered by the directions?
Any residential aged care facility worker including those providing:

  • Goods and services including direct care, administrative, cleaning, laundry, gardening, food preparation or maintenance, lifestyle or social care, and transport drivers for outings;
  • Programmers for transition care, short term restorative care, Aboriginal and Torres Strait Islander Flexible Aged Care, or respite care;
  • Health, medical, pharmaceutical, or allied health services to residents and including students on placement and ambulance officers.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12 October 2021. The deadline for the second dose vaccination is 12:01am on 17 November 2021.

What exemptions apply?
Ad hoc volunteers.

Family and friends of residents.

A residential aged care facility worker attending a residential aged care facility solely in a capacity other than as a residential aged care facility worker.

In-reach service providers, such as delivery drivers, tradespersons, hairdressers, pastoral care or clergy, librarian, solicitors, certain assessors or quality control staff, certain advocates, those performing functions under the guardianship legislation.

Those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available.

As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer, owner, occupier, or person apparently in charge of a residential aged care facility must keep a record of the vaccination status of each residential aged care facility worker.

Which premises do these apply to?
“Rural and remote resources industry sites”, which are remises outside the metropolitan area at which mining, petroleum, pipeline operation, exploration operation, geothermal operation or ancillary (such as camps) operations are being carried out.

“Remote operating centre sites” which include metropolitan sites specifically listed in the directions.

Who is covered by the directions?
Any mining resources workers that access a rural or remote resources industry site or a remote operating centre site, including volunteers, trainees and visitors.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 December 2021.
The deadline for the second dose vaccination is 12:01am on 1 January 2022.

What exemptions apply?
You are a traditional owner of the land on which a rural or remote resources industry site or a remote operating centre is located and are only there in the capacity of a visitor

Those performing law enforcement, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available

As with other directions, medical exemptions and temporary exemptions are available

What records are required?
The owner of the site and/or employer of any workers on site must keep a record of vaccination status or relevant exemptions

Which premises do these apply to?
Any correctional facility, which includes Banksia Hill Detention Centre, all prisons and work camps, and vehicles used in the transportation of a prisoner or detainee while that vehicle is being used for that purpose.

Who is covered by the directions?
Any person who enters the above premises in any capacity (unless exempt). This includes visitors and those providing services and goods.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 December 2021 and the deadline for the second dose vaccination is 12:01am on 1 January 2022.

What exemptions apply?
A person who is a detainee, a prisoner or a person under the age of 12 years.

Those performing law enforcement or statutory duty, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available.

Other directions may apply to those persons, so it is important to obtain professional advice on your particular circumstances.

As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The owner, occupier or person apparently in charge of the correctional facility must keep a record of each correctional facility entrant.

Which premises do these apply to?
Any WA Police facility, which means any premise owned, leased or operated by the WA Police Force where a police or police-related service is delivered. The directions do not prevent a person from acceding that part of the premises which are not being used as a WA Police facility.

Who is covered by the directions?
Any person who is a WA Police Force worker, which includes police officers or those employed by the Police Services, students or interns on a placement at a WA Police facility, those providing goods and services to a WA Police facility (and engaged by the owner to do so) including labour hire, administrative and cleaning staff, and legal practitioners.

What are the relevant deadlines?
The deadline for the first dose vaccination is 12:01am on 1 December 2021.

The deadline for the second dose vaccination is 12:01am on 1 January 2022.

What exemptions apply?
WA Police Force workers attending a WA Police facility solely in a capacity other than as a WA Police Force worker.

A visitor, ad hoc volunteer or goods and services provider (such as tradespeople or delivery drivers), or a person who provides pastoral care on an ad hoc basis.

Those performing a statutory duty, Fair Work or WHS functions or responding to an emergency where a vaccinated person is not available.

As with other directions, medical exemptions and temporary exemptions are available.

What records are required?
The employer or the WA Police must keep a record of the vaccination status of each WA Police Force Worker.

 

Frequently Asked Questions

Section 167 of the Public Health Act 2016 (WA) empowers the Minister to declare a public health state of emergency in the state. The Minister must consider the advice of the Chief Health Officer before issuing a declaration and be satisfied that a public health emergency is present and that extraordinary measures are necessary to protect the community.

The government has extended the declaration on a rolling basis by 14 days at a time (the maximum it can be extended for at a time). This declaration enables the government to exercise “emergency powers” which include the ability to make directions such as those recently announced.

Depending on your occupation individuals may be eligible for an exemption. Potential grounds of exemption include a medical exemption, a temporary exemption or an exemption in the performance of a specific duty.

The Federal Government is currently developing a claims scheme to compensate individuals who suffer a moderate to significant impact as a result of an adverse reaction to the vaccine. 

The proposed scheme is only available to individuals who have been administered a vaccine approved by the Therapeutic Goods Administration (TGA).

Evidence requirements apply for making a claim under the scheme, which will cover the costs of injuries $5,000 and above.

Businesses have an obligation to provide a safe workplace for employees. If an employee is not vaccinated by the relevant date, a business may choose to refuse an employee attendance of their workplace unless they have an approved exemption. Depending on the nature of work, the business can consider working from home arrangement or employing the person in an alternative role or work location. It should be noted that employees will not be paid if they are not able to work unless they are lawfully accessing annual, personal or long service leave. Employees cannot be forced to resign. In the event an employee can no longer perform their role, this may form the basis for termination or other disciplinary action. 

If you are fired, stood down, forced to take leave or put on unpaid leave as a result of not being vaccinated the usual employment laws apply. You may have a legal claim depending on the circumstances of your employment, the unique requirements of your workplace and the nature of your dismissal.

Vaccination status in and of itself is not protected from discrimination. At this stage, businesses can choose to prohibit persons attending at their site if they’re not vaccinated (or for any other reason, provided it is not discriminatory). However, business should be careful about exercising this option as it might be indirect discrimination if the employee’s reason for not being vaccinated is protected. Businesses may wish to consider reasonable alternatives to vaccination such as masks and social distancing to protect their staff.

Yes, businesses can introduce mandatory workplace vaccination policies even if they are not covered by government directions. Businesses will need to justify that any such policy is lawful and reasonable, such as for the protection of the health and safety of their staff. Businesses should also take into account whether other options are available and should be implemented such as masks, social distancing or working from home.

 

COVID-19 Information & Resources

 

*This is general information only, and does not constitute specific legal advice. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

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"Always fast and thorough service. Thank you"

Sitka Pil

"My circumstances at the time I made contact with HHG were dire following my argument being rejected by two no win no fee firms. Following my initial meeting with HHG's employment law team I was left feeling extremely positive by the response and concern shown by HHG in regards to their support of my argument along with their preparedness to pursue an outcome on my behalf.

I accept the fact that nobody really wins in these cases (mental health/ workplace) however the end result was what would be considered most favourable and far in excess of what would have been achieved had I not sought the advice from HHG.

I have no hesitation in recommending HHG to anyone caught up in the messy circumstances I found myself in at the time.

Great advice and five-star commitment to their client!!"

Nathan Lynch

"Thank you for such great assistance with the transaction of Flying Domestics on behalf of Lorna Good. It has been such a pleasure to work with the HHG Legal Group and I look forward to working with you in the future."

Jim Goodwin

"Simon Creek and his team were at all times empathic, professional and confident.  My matter needed to be addressed within a pressing time frame, and their availability at short notice and contact after hours was much appreciated.  It caused me considerable stress, but having such a thoroughly reliable and competent team to call on helped me to feel in control. Although I hope not to need their services again in future, I would be confident in doing so!"

Dr Lana Bell

"A good outcome is what we can expect.  A great outcome is a sign of a company which does the very best for their clients. A very big thank you to Daniel Morris for showing empathy towards my small and much needed legal action.

To HHG Legal Group, thank you for a great outcome.  I would recommend your company to anyone seeking legal services."

Jan Atkinson

"Your support this morning was amazingly kind, not to mention your totally reassuring competence, knowledge and wisdom that you used on my behalf.  It was extremely reassuring to have your knowledgeable support, and I particularly appreciated your real and obvious kindness to me. It means so much at a very difficult time. I'm so grateful to you."

Family Law Client

"Janene was very professional and we established a good rapport quickly. The subject of death and wills can be quite confronting to deal with, however, Janene's approach was soft and accommodating."

Lynette Livesey

"A big thank you to HHG for their professional service, continued support, and wide range of legal knowledge. Our clients have given us nothing but kind words regarding HHG Legal Group and so we have no hesitation in referring and recommending Simon Creek and HHG Legal Group for their outstanding services and legal expertise."

Nigel Plowman, Director at Mckinley Plowman & Associates

"Simon is a friendly and practical legal advisor. I have received great feedback from the clients I have referred to him and his team at HHG Legal Group."

Richard Beal, Director at BDO

"Over the last few years, I have been impressed by Simon’s legal ability, management skills, entrepreneurial spirit, personal integrity and people skills. He appears to be that rare breed of lawyer – both knowledgeable and commercial."

Michael Malone, Founder of iiNet

"Our family has been a client of HHG Legal Group over many years.  Business has included drawing up of wills for three generations and preparing of probate for my father in law. I would have no hesitation in recommending HHG Legal Group to anyone requiring such services."

Bernice Climie

"You should be congratulated for the manner in which your staff address clients and we found our dealings with your company, once again a very pleasant experience and we would like to truly thank you for your efforts."

Steve Harvey and Jane Powell

"HHG Legal were absolutely fantastic. Extremely responsive and brought calm to our chaotic family situation through their knowledge and caring attitude. Extremely professional from our very first contact with them and they expertly guided our family though the required legal process over almost a 12 month period."

Amanda Williamson

"Fantastic team! They really care about their client. Tim Colcutt is a 'go that extra mile' guy who gives his client his all. I can't recommend HHG and Tim enough."

Kerry Samson

"I had a fantastic lawyer in Matthew Lilly. He helped me out a great deal with good, sound advice in a friendly, professional manner. First class, thanks Matthew"

Graeme Hammond

"Marine Plant Systems has been working with HHG Legal Group for a few years now and they continually provide first-class service. Their professional advice has been invaluable to our company."

Carolin Grimm - Marine Plant Systems

"We were kept up to date at all times. Pricing was always updated over the time period so we remained "in budget". Personal access to someone whenever I had questions. All in all a great experience without too much fuss."

Rosslyn Tasker - COO Altusq Pty Ltd

"Good service you can count on."

Miles Lee

"HHG Legal Group has provided outstanding support as I have taken the journey of buying a business, their professionalism is beyond reproach. Their assistance throughout the Due Diligence process has been invaluable, I would fully recommend them."

Mark Armitage

"Very friendly and efficient service - what a pleasure working with Matthew."

Jacques Taylor

"I highly recommend Daniel from HHG Lawyer in Mandurah. When dealing with a complicated legal property matter recently I was extremely impressed by Daniel's honesty and integrity and the legal advice I received. I am very happy with the service from HHG Legal."

Tony Walker

"Lisa, thank you so much for representing me in court, honestly, I would not have had the outcome I got without you. Once again, Thank you so much."

Rikeisha

"Matthew Lilly was excellent in processing our project. He achieved the excellent result that we required on our project.

We would give Matthew a 5 star rating.

We will definitely commission Matthew for any further projects if we have the need."

Ray

"I have had the pleasure of being represented by Ms Lisa Riley. Lisa helped me in December 2020 when I was charged. Lisa was extremely supportive, reassuring, and preserved with her investigation of the laws and was able to save me from a terrible outcome. Another incident occurred in August 2021 in which I sought Lisa’s help. Lisa preserved and was very patient with me. This only got resolved this year. When she advised me that she was leaving her old firm, I insisted that she remain my lawyer, as I had the utmost faith in her. Hence I moved over to HHG. Lisa took no shortcuts in my defence and continued to preserve for the toxicology report that ultimately saved me. She kept me up-to-date with the progress and provided support. Having someone as understanding as Lisa was a huge gift, to me and my family. You have gained a huge asset in Lisa joining your firm.

Thank you, Lisa, forever grateful for your work, and if ever needed, I will be sure to refer to you"

Anonymous

"We can highly recommend HHG Legal Group and particularly Mr Blair Campbell (Special Counsel / Dispute Resolution)

Blair worked with us as we navigated a very difficult third party dispute.

Blair’s expertise, wisdom, and the way he guided us in a very measured and calm manner gave us great encouragement and comfort. Blair helped us to focus on what we needed to and to trust the process.

Blair was always responsive to us, he always got back to us very promptly to answer our questions and to help us to step through some really hard days.

We are very grateful for Blair’s expertise and wisdom along with his empathy and care, this truly made the difference for us."

Wayne and Janice Belcher

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