Vaccination - FAQs

Is DCJ making vaccination mandatory for service provider workers?

No. Under the Public Health Orders, mandatory vaccination is required for workers in some industries, which may apply to some workers involved in delivering DCJ contracted services, including workers supporting people with disability. Currently there is no Public Health Order that specifically covers all workers in DCJ contracted services. You’ll need to check this information, and if a Public Health Order does apply to your workers, you need to take all reasonable steps to ensure your workers comply.

If a Public Health Order does not apply to your workers, it’s your responsibility as an employer, under work health and safety laws, to make your own determination as to whether vaccination of your workers is necessary to control COVID-19 risks.

You need to undertake a risk assessment and determine whether it’s appropriate and reasonably practicable in the particular circumstances for some or all of your workers to be vaccinated to control COVID-19 risks.

NCOSS developed a COVID-19 vax risk assessment toolkit that may help you.

Sections 5 and 6 of the policy contain information about the factors you must consider to lawfully and reasonably require your workers to be vaccinated.

We encourage vaccination, including booster vaccination, in line with NSW Health advice. Vaccination reduces the risk of infection and decreases the number of people who will be considered close, secondary or casual contacts if there is positive case. COVID-19 vaccination is an effective risk control measure that should be considered. Some Public Health Orders that require workers to be vaccinated now also require workers to have booster vaccinations.

Following completion of risk assessments, DCJ has determined that it requires all of its staff to be vaccinated, and to have booster vaccinations when they’re eligible.

You may want to seek legal advice before introducing a requirement for workers to be vaccinated.

Justice Connect is a specialist legal service for community organisations and not-for-profits that provider free legal help, resources and information.

The Fair Work Ombudsman also has guidance on COVID-19 vaccinations for workers.

Safe Work Australia has information for workplaces too.

Why has DCJ made it mandatory for its staff to be vaccinated?

DCJ has undertaken risk assessments across our own workplaces. We mention in the policy that we completed risk assessments for Corrective Services, Youth Justice, Courts, Tribunals and Service Delivery, and our housing and child protection teams. These led DCJ to mandate vaccination for DCJ staff involved in client facing activities, and staff who work at or from the locations where these staff work.

DCJ has now completed risk assessments for all its workplaces and determined that all DCJ staff must be vaccinated to meet our obligations under the Work Health and Safety Act 2011 (NSW)

A fully vaccinated DCJ will provide a safe working environment for our staff and clients by reducing the risk of COVID transmission and serious illness.

You need to undertake a similar risk assessment process and look at what you need to do to meet your obligations under the Work Health and Safety Act 2011 (NSW).

What do we do if we have workers who don’t want to get vaccinated?

You need to consider how you’ll manage risk if you have unvaccinated workers and include this in your COVID-19 management plan. Find out more about vaccination and work health and safety duties from Safe Work Australia.

If you make a determination to make vaccination mandatory for your staff once you’ve completed your risk assessments, you need to establish a fair process for dealing with situations where a staff member chooses not to comply with a direction to be vaccinated. And you must include this in your COVID-19 management plan. You can refer to the Fair Work Ombudsman, and you can seek legal advice in these circumstances.

Justice Connect has a helpful webinar on managing mandatory vaccine policy for NSW-based community organisations. It will help you understand your legal obligations.

Small to medium organisations can contact Justice Connect for more advice. Larger service providers may have their own legal services.

There’s more information on vaccination requirements in section 6.2 of the policy.

We’ve done the risk assessment and developed our COVID-19 management policy, and we’ve decided to make vaccination mandatory for our staff. We’re worried about the legal implications of this. Where do we get help?

You need to consider establishing a fair process for dealing with situations where a worker chooses not to comply with a direction to be vaccinated. You need to include this process in your COVID-19 management plan.

The Fair Work Ombudsman has information on workplace rights and obligations, and managing vaccinations in the workplace.

You can also seek your own legal advice. Justice Connect is a specialist legal service for community organisations and not-for-profits that provider free legal help, resources and information.

Justice Connect also has a helpful webinar on managing mandatory vaccine policy for NSW-based community organisations. It will help you understand your legal obligations.

There’s more information on vaccination requirements in section 6.2 of the policy.

What if a worker can’t get vaccinated for medical reasons?

You need to consider what you will do if workers can’t get vaccinated for medical reasons in your COVID-19 management policy.

Where a worker has a medical contraindication, you need to consider appropriate alternative safety controls and workplace arrangements.

There’s more information on medical contraindications and evidence requirements in section 6.2 of the policy.

If we make vaccination mandatory for our staff, does that also include our volunteers?

The COVID-19 management and vaccination policy for DCJ service providers defines a worker as person who carries out work (paid or unpaid) in any capacity for the service provider. You’ll need to include volunteers in your risk assessment and COVID-19 management plan.

Do I need to check the vaccination status of my staff and clients?

The Public Health (COVID-19 Care Services) Order (No. 3) requires a disability services worker who provide services to people with disability to be appropriately vaccinated. If your staff provide face-to-face services to people with disability, you must take all reasonable steps to ensure your staff comply with the vaccination requirements. Your staff are required to provide evidence of vaccination to you at your request.

Outside the disability support services setting, there is no requirement under the current Public Health (COVID-19 General) Order (No. 2) 2021 to verify the vaccination status of staff and clients when they arrive at an office or business premises. Verification of vaccination status applies to higher risk premises such as entertainment facilities and hospitality venues.

However, as part of your COVID-19 management plan you may want to consider asking staff and people seeking support from your service a screening question like ‘What is your vaccination status?’ Asking this screening question might help your service to take appropriate actions in service delivery to manage risks, for example reviewing what personal protective equipment might be needed for staff. A person’s vaccination status is sensitive health information and must be treated in accordance with applicable privacy laws.

If we make vaccination mandatory for our staff, does that also include our carers?

There is currently no general requirement for foster or relative/kin carers to be vaccinated. There may be a specific reason why an individual carer needs to be vaccinated, for example, the Public Health (COVID-19 Care Services) Order requires a person who provides services to a person with disability to be appropriately vaccinated. If a carer is a member of your staff, the carer will also be subject to any workplace policy you have in place about vaccination. However there is currently no general requirement for vaccination based on the carer role itself.