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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-03-21 Daily Xml
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COVID-19 Vaccinations

222 The Hon. S.L. GAME ().8 February 2023).

1. Why has SA Health directed health service employers, such as hospitals, to implement a blanket policy for all workers to be fully vaccinated with COVID-19 vaccines?

2. Why has SA Health not directed that aggravations of mental illness be listed as an exemption to the COVID-19 vaccination policy?

3. Is the government aware that victims of institutional abuse, domestic violence abuse, victimisation, oppression, and similar coercive control type of traumas are reporting that their PTSD symptoms are aggravated when feeling coerced to have medical treatments in the form of vaccines to keep their employment?

4. Why has SA Health disregarded section 6 of the Disability Discrimination Act 1992(Cth) when directing a blanket COVID-19 vaccination policy? From when the government declared the COVID-19 emergency to have ended, what compensation does SA Health plan to provide the health service workers affected by indirect discrimination under section 6 of the Disability Discrimination Act 1992(Cth) due to the blanket COVID-19 vaccination policy?

5. What plans do SA Health have in place to make sure health service employers are adhering to their duty of care under section 19 of the Work Health and Safety Act 2012(SA) by monitoring the ongoing health of workers coerced to get the COVID-19 vaccinations, especially for those that were employed in health service workplaces prior to the implementation of the policy and would not have had the vaccine if it were not for the policy?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): The Minister for Health and Wellbeing has been advised:

1. The SA Health Addressing Vaccine Preventable Disease: Occupational Assessment, Screening, and Vaccination Policy is not applied as a blanket policy to all employees. This policy requires all SA Health roles to be risk assessed and classified as category A, B or C.

Category C roles involve no duties which are performed in an area where patients and/or clients receive health care services unless at times of essential need and there is no alternative or there is appropriate risk mitigation in place. All other roles are classified as category A or B. Those roles classified as category A or B are required to be up to date with COVID-19 vaccinations as specified by the Australian Technical Advisory Group on Immunisation (ATAGI) and have documented evidence of receipt of COVID-19 vaccination applicable to healthcare workers as recommended by ATAGI. Those classified as category C are not required to be vaccinated against COVID-19, although this is strongly recommended. The intent of this policy is to minimise the risk to workers from contracting vaccine preventable diseases and risk of transmission of these infections.

2. Under the SA Health Addressing Vaccine Preventable Disease: Occupational Assessment, Screening, and Vaccination Policy individuals who are unable to be vaccinated due to temporary or permanent medical contraindications to COVID-19 vaccine are able to be exempted by the Chief Public Health Officer if they meet the medical contraindications as stipulated in the Australian Immunisation Handbook or have an ATAGI recognised contraindication to COVID-19 vaccination. In some circumstances, aggravations of mental illness may meet these medical contraindication stipulations.

3. The Department for Health and Wellbeing take the health, safety and wellbeing of their workforce seriously and is concerned by reports of aggravation of PTSD symptoms and feelings of coercion. SA Health has employee support systems in place which include access to trained psychologists. There are processes in place for employees to seek Chief Public Health Officer exemption from the COVID-19 vaccination requirements for those who meet the medical contraindication stipulations as referred to earlier.

4. The SA Health Addressing Vaccine Preventable Disease: Occupational Assessment, Screening, and Vaccination Policy is not applied as a blanket policy to all employees, and its application depends on the role category. The policy makes provisions for individuals who have a medical condition of disability that meets the medical contraindication stipulations as approved by the Chief Public Health Officer to be exempted. Those who are exempted can continue to work unvaccinated subject to appropriate risk reduction strategies as determined by their employing authority.  

As the policy is not a blanket policy and contains provisions that may exempt individuals with disability if they meet required criteria, it would not engage section 6 of the Disability Discrimination Act 1992 (Cth), as under subsection (3) of section 6, the requirement to be vaccinated is reasonable, given the circumstances of the case.

5. The vaccination policy makes provisions for individuals who are vaccine nonresponders or subject to medical exemption based on medical contraindication to any required vaccine. These types of medical exemptions are defined in the Australian Immunisation Handbook and the Australian Technical Advisory Group on Immunisation (ATAGI) guidelines.

This means that employees who have a medical condition of disability that prevents them from being vaccinated, they can continue to work unvaccinated subject to the provision of the required evidence to their employer.

The Equal Opportunity Act 1984 (SA) includes an exemption that can apply when: 'ensuring that an infectious disease is not spread, and is reasonable in all the circumstances'. This means that in certain situations it may be lawful for an employer or service provider to discriminate against a person because they cannot wear a face mask or be vaccinated against the COVID-19 virus.

6. As highlighted earlier, the Department for Health and Wellbeing take the health, safety and wellbeing of their workforce seriously. The intent of this policy is to minimise the risk to workers from contracting vaccine preventable diseases and risk of transmission of these infections. SA Health has employee support systems in place which include access to trained psychologists.

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