COVID-19 vaccines not mandatory for aged care workers

Residents and workers in aged care facilities will not be required to get a COVID-19 vaccination in order to remain living or working there, Prime Minister Scott Morrison says.

However, the PM did not rule out making a COVID-19 vaccine compulsory for aged care workers “in the future”.

Mr Morrison and Deputy Chief Medical Officer Michael Kidd addressed the media after a meeting of National Cabinet.

Authorities ‘still learning’ about vaccines’ ability to prevent virus spread

Professor Kidd said medical experts were still learning about how effective COVID-19 vaccines might be at preventing transmission of the virus.

The Federal Government plans to roll out the Pfizer vaccine as early as mid to late February for priority groups such as aged care workers and residents, with the AstraZeneca vaccine likely to follow in March.

Aged care workers and residents are top of the queue for COVID-19 vaccines, as people in older age groups are much more susceptible to serious complications from the disease and face a much higher death rate.

In Australia, there are precedents for staff in these settings to require vaccination as a condition of employment.

Health care workers directly involved in patient care or the handling of human tissue, blood or body fluids are already asked to be vaccinated against several diseases including hepatitis B, measles, mumps, rubella, pertussis and chicken pox.

While not mandatory, Government advice says, “employers should take all reasonable steps to encourage workers to be vaccinated”.

In some states, proof of vaccination is required in healthcare settings for staff directly involved in patient care.

Sector pushing for mandatory vaccines

Some in the aged care sector have been asking for COVID-19 vaccines to be mandatory.

Chief advocate for National Seniors Australia Ian Henschke said the science was disappointing.

Mr Henschke said it was disappointing the scientific evidence regarding vaccines and the transmission of COVID-19 was not sufficient to make them mandatory.

The national peak body representing residential aged care providers, Leading Aged Services Australia (LASA), has been pushing for mandatory vaccinations for workers.

Peak body Aged and Community Services Australia (ACSA) also acknowledged the decision from National Cabinet.

Can the Government make you get a COVID-19 vaccine?

According to Dr Maria O’Sullivan from Monash University Faculty of Law, it is possible for the Government to mandate people working in aged care get vaccinated, as long as allowances are made for religious exemptions and anyone with a medical condition that meant they could not receive the jab.

She said the Federal Government had signed several human rights treaties that afforded people the right to life and the right not to have their body tampered with.

That means the Government cannot force someone to be vaccinated, but they can make it a term of their employment.

Whether visitors to aged care facilities needed to be vaccinated before being allowed to enter is a greyer area of the law.

As for mandating that aged care residents have the jab, Dr O’Sullivan said that was unlikely to happen.