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Victorian Government COVID-19 Mandatory Vaccination (Workers) Directions Client Alert

by , 

10/10/2021

The Victorian Government has released COVID-19 Mandatory Vaccination (Workers) Directions (Directions) on 7 October 2021. 

Notably, the deadline for vaccinations is 22 October 2021. There are key obligations that commence on 8 October 2021, and others commencing 15 October 2021.

In summary, the Directions include the following:

  • Employers must collect, record and hold vaccination information of workers
  • Employers must not permit an unvaccinated worker to work for that employer outside the worker’s ordinary place of residence, unless they have a booking to receive their first COVID-19 vaccine by the first dose deadline, or have a first-dose booking within 7 days after self-quarantine

The Directions apply to 34 categories of defined workers. These mainly include anyone who works with vulnerable people on a daily basis (health care, aged care, disability, social and community workers, religious workers for example), those in transport, distribution and logistics, or those workers who handle food and beverages.

From an operational risk viewpoint, it is important to ensure all organisations with employees in Victoria:

  • Check the categories of workers defined within the Directions and ensure compliance should they apply
  • Collect, record and hold vaccination information including details of first-dose bookings and partial and full vaccinations of workers
  • Update human resources records accordingly
Insurance implications
  • Directors & Officers liability: Failure by the board and executive to maintain compliance, resulting in allegations that the organisation and its staff are not properly governed (e.g. Victorian Government penalises company XYZ for non-compliance with regulation)
  • Employment Practices liability: Failure to maintain proper record-keeping reducing the ability to defend against claims by workers for unfair dismissal (e.g. an ex-employee claims against company XYZ for unfair dismissal due to ‘not being vaccinated’ when in fact they fell within the exception, and XYZ has to reinstate or recompense employee plus legal costs incurred to resolve)
  • Public Liability and Professional Indemnity: There is an increased risk of the organisation failing to meet obligations to maintain duty of care for, and liability to third parties for bodily injury. (e.g. in an aged care facility unvaccinated workers are allowed to continue working without meeting the Directions, resulting in a COVID-19 infection being established, and fatalities and/or serious illness results). Insurers are starting to exclude cover for infectious disease outbreaks. The aged care facility has to fund compensation payments to family and residents for illness or death without insurance cover
  • Cyber: Additional breach of privacy concerns are introduced regarding privacy of information held of workers’ vaccination status
  • Workers Compensation: Should unvaccinated workers become ill with COVID-19 while working, and the Directions have not been complied with, there is the potential for VIC WorkCover to not provide workers compensation cover on behalf of the Employer

Read the alert to confirm who is covered by the Directions, and key information on organisations’ obligations with mandatory vaccinations.

Please contact us to assist with any further queries on risk, insurance or workforce issues.

This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy.  Marsh shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Marsh arranges insurance and is not an insurer. Marsh does not arrange workers compensation insurance in those States where there is a government scheme and provides only consultancy services in those States. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or re-insurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage. 

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