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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-02-06 Daily Xml
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COVID-19 Mandatory Vaccinations

In reply to the Hon. S.L. GAME ().26 September 2023).

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 advised:

1. The SA Health Addressing Vaccine Preventable Disease: Occupational Assessment, Screening and Vaccination Policy, ( Vaccine Policy), mandates COVID-19 vaccination for Category A and Category B SA Health employees.

The decision of Teague & Ors v Department for Health and Wellbeing [2023] SAET 80, decided by President Justice Dolphin of the South Australian Employment Tribunal on 11 September 2023, determined that the policy was lawful and valid, and that the mandate requiring mandatory vaccination was a lawful and reasonable direction. Following the implementation of the policy in November 2022, employees were issued with a letter directing the employee to comply with the policy and were advised that failure to comply with a lawful and reasonable direction may lead to disciplinary action.

Employees who remained noncompliant with the policy were subject to a disciplinary process and were afforded procedural fairness. Termination was not immediate.

2. As at 5 October 2023, 184 SA Health employees have been terminated for failure to comply with a lawful and reasonable direction, which required compliance with the policy and mandate.

3. Following broad consultation and extensive feedback from SA Health workers, unions and businesses, SA Health introduced an updated workplace vaccine policy for its own workforce, which applies to all SA Health services.

The Addressing Vaccine Preventable Disease: Occupational Assessment, Screening and Vaccination Policy provides clarity on vaccine requirements for SA Health staff. It classifies employees according to their risk factors and direct contact with patients.

SA Health continues to monitor and review the latest research and evidence to ensure its policies align with the Work Health and Safety Act and the Australian Commission on Safety and Quality in Health Care's National Safety and Quality Health Service Standards.

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