On 29 October 2021, COVID-19 vaccination exemption rules tightened to curb Victorian’s doctor shopping and pressuring General Practitioners to grant a medical exemption. If you are an employer or an operator of a specified facility where a vaccination mandate applies and a worker has provided you with a medical exemption, you need to be aware of these changes.
Under the new changes, Victorians can no longer rely on an exemption letter from their doctor and will instead need to have their treating practitioner complete an Australian Immunisation Register Medical Exemption Form (AIR form) and upload it to the Australian Immunisation Register. A digital certificate will then be available for the person to download.
Victorians who already hold a medical exemption that is not in the AIR form format will need to obtain from their doctor a completed AIR form and download their digital certificate once processed. Workers have until 12 November 2021 to provide their employer with their updated exemption certificate, otherwise, existing exemptions not in the approved form will not be valid. Importantly, the Royal Australian College of General Practitioners (RACGP) is warning patients that a temporary medical exemption will not be issued on the grounds of “acute major anxiety caused by the threat of a mandatory medical procedure”.
If you currently have workers who hold a medical exemption, you should consult with them in relation to these new requirements and obtain a digital certificate from the Australian Immunisation Register evidencing the exemption as soon as possible. Workers that fail to provide the required digital certificate or immunisation history statement should be treated as “unvaccinated” in accordance with any applicable Public Health Order.
Finally, the Victorian government released a new ‘general worker’ mandatory vaccination direction, which also took effect from 6:00pm on 29 October 2021, and provides that an employer must not permit a worker to work outside of the person’s ordinary place of residence unless they are fully vaccinated (or holds a medical exemption) and it is reasonably practicable for the person to work from home.
If you receive a medical exemption from a worker and are unsure what to do or would like advice on the current mandatory vaccination directions and how they impact your workplace, please contact us on 03 9448 9600.
The above is general information and should not be taken as legal advice.
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