The Victorian government has introduced some changes to the vaccination requirements for education facilities under the COVID-19 Mandatory Vaccination (Specified Facilities) Order 2022 (Order).
Mandating boosters
Staff in education facilities will soon need to have received a ‘booster’ dose of a COVID-19 vaccine in order to be permitted to attend their workplace for the purpose of performing work (unless they hold a valid exception under the Order).
The due date for their booster shot depends on the date that a staff member became fully vaccinated. In order to meet the booster requirement, staff will need to have received their booster dose before:
- 25 February 2022, if the person was fully vaccinated on or before 25 October 2021; or
- 15 March 2022, if the person was fully vaccinated after 25 October 2021.
If a staff member has not provided the education facility with evidence of their booster shot on or before their booster due date, they will not be permitted to enter, or remain on, the premises of the education facility after their booster due date.
A new temporary exception: recent COVID-19 infection
The Order also provides a new temporary exception to the vaccination requirement if a staff member has tested positive for COVID-19 and completed their self-isolation period in the previous four months.
There are three categories under this exception.
Category 1: Diagnosed by PCR Test
Under this category, a staff member who was diagnosed with COVID-19 by way of a positive PCR test is eligible for a temporary exception to the vaccination requirement for up to four months from the end of their self-isolation period.
Category 2: Positive rapid antigen test + isolation period ended on or before 4 February 2022
Under Category 2, a staff member is eligible for a temporary exception if they have:
- received a positive result from a COVID-19 rapid antigen test;
- completed their self-isolation period on or prior to 4 February 2022;
- completed their self-isolation period within the last four calendar months;
- notified the Victorian Department of Health of their positive result from the COVID-19 rapid antigen test; and
- provided their employer with a written attestation stating they were unable to access a COVID-19 PCR test during their self-isolation period.
Category 3: Positive rapid antigen test + isolation period ended on or after 5 February 2022
To be eligible for an exception under Category 3, a staff member must have:
- received a positive result from a COVID-19 rapid antigen test;
- completed their self-isolation period on or after 5 February 2022;
- completed their self-isolation period within the last four calendar months; and
- received a positive result from a COVID-19 PCR test undertaken during their self-isolation period.
If a staff member is eligible for one of the three categories for a temporary exception, they will not be required to provide a COVID-19 digital certificate issued by Services Victoria (which is required for a medical exception under the Order).
Once four months have passed following the end of the staff member’s self-isolation period, the staff member will no longer be permitted to enter, or remain on, the premises of the education facility for the purposes of work unless they have met the vaccination requirement (including the booster requirement, if the relevant booster due date referred to above has passed).
How we can help
Need a hand navigating the never-ending COVID-19 updates? As education and employment law specialists, Moores can assist your school with implementing or updating your COVID-19 vaccination policy to ensure that it complies with the most recent health orders.
We can also assist you with finding your way through tricky situations with your staff members, including non-compliance with the vaccination requirement and discussing alternative arrangements.
Get in touch with Cecelia or Melissa below so we can help with getting you where you want to be!
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