Both the New South Wales and Victorian Premiers have stated that there will be greater freedoms for those who are double jabbed with new QR code check-in technology expected at the end of September. Instead of having to show a vaccination certificate or medical record, Victorian Premier Dan Andrews said that the QR codes, \u201cdon’t store that information, but you either get a tick or a cross, and on that basis you are allowed in or not.\u201d This system might also assist those who are medically exempt from vaccination as they would not need to explain their medical history behind their exemption.<\/p>\n\n\n\n
But is it discriminatory? The Australian Human Rights Commission<\/a> (ARC) says, \u201cVaccine passports are more likely to be consistent with human rights when they are used as a tool to ease existing restrictions and improve public health outcomes. Rather than becoming a further requirement on top of existing restrictions, vaccine passports should generally operate in place of them.\u201d<\/p>\n\n\n\n \u201c\u2026the guiding human rights principles for considering measures taken to advance public health are:<\/p>\n\n\n\n While public health orders are likely to protect business operators from discrimination claims, not all are waiting. Qantas was the first major airline to state that it would require passengers to be vaccinated on international flights when borders open. Several sporting venues have also stated that the price of the return to live events is double vaccination for both staff and patrons.<\/p>\n\n\n\n A business operator has the ability now to\u00a0refuse entry<\/a>\u00a0or service to a customer as long as anti-discrimination rules are not breached. Excluding an individual by vaccination status without a public health order however will be a question of whether the rule is reasonable, necessary, and proportionate.<\/p>\n\n\n\n In general, vaccination will remain voluntary and free in Australia but there are some sectors where vaccinations are mandatory (see Legislation and public health orders requiring vaccination against coronavirus<\/a>). Common sectors include aged care and hotel quarantine. In these sectors, the employer is generally responsible for enforcing the Health Orders.<\/p>\n\n\n\n Outside of a public health order an employer can mandate that employees are vaccinated but only if the direction to be vaccinated is \u201clawful and reasonable\u201d. In addition to being able to mandate vaccinations under the relevant Award or agreement, employers need to ensure that mandating vaccinations is reasonable for example, because the staff member\u2019s duties put them at increased risk of being infected or they have close contact with vulnerable people (see Can an employer require an employee to be vaccinated?<\/em><\/a> on the FairWork website).<\/p>\n\n\n\n Qantas for example will require all frontline employees to be fully vaccinated by 15 November 2021 and all other employees to be vaccinated by 31 March 2022. The announcement<\/a> followed a company wide survey of staff that revealed 89% planned to be fully vaccinated and only 4% were unwilling or unable to be vaccinated. Qantas is yet to release details of how medical exemptions will be applied.<\/p>\n\n\n\n In workplaces where vaccinations are not mandated, an employer can only collect information on an employee\u2019s vaccination status where it is reasonably necessary for the organisation\u2019s functions or activities or where it is required by law. In these cases, it may be possible for the employer to ask to see evidence of an employee\u2019s vaccination status without breaching privacy laws (see the FairWork website<\/a> and the Office of the Australian Information Commissioner<\/a> for further information).<\/p>\n\n\n\n Another question is whether an employee can refuse to come to work because their co-workers are not vaccinated. On this, FairWork says \u201cIf an employee refuses to attend the workplace because a co-worker isn\u2019t vaccinated, their employer can direct them to attend the workplace if the direction is lawful and reasonable.\u201d But, the Australian Human Rights Commission states that where someone is particularly vulnerable to COVID-19, a \u201cblanket rule requiring all employees to attend a particular workplace may constitute indirect discrimination.\u201d Whether it\u2019s reasonable for an employee to attend their workplace is highly dependent on the facts and you should seek legal advice.<\/p>\n","protected":false},"excerpt":{"rendered":" A major concern for many business operators is the expectation of policing vaccination status for both staff and customers.<\/p>\n","protected":false},"author":2,"featured_media":700,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"cybocfi_hide_featured_image":"yes","spay_email":"","footnotes":""},"categories":[27,26],"tags":[111,110],"class_list":["post-699","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-ausbiz","category-business-tip","tag-passport","tag-vaccine"],"jetpack_featured_media_url":"https:\/\/www.trakaccountants.com.au\/blog\/wp-content\/uploads\/2021\/09\/TRAK_Article_Cover-Photo-1-1.png","_links":{"self":[{"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/posts\/699","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/comments?post=699"}],"version-history":[{"count":1,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/posts\/699\/revisions"}],"predecessor-version":[{"id":701,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/posts\/699\/revisions\/701"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/media\/700"}],"wp:attachment":[{"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/media?parent=699"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/categories?post=699"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.trakaccountants.com.au\/blog\/wp-json\/wp\/v2\/tags?post=699"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Staff members and vaccinations<\/h2>\n\n\n\n