The PSA has received communication from Commissioner of Police Michael Fuller regarding his decision that all NSW Police Force members will be required to be vaccinated for COVID-19.  The Commissioner has set out the below preliminary details:

1. All NSW Police Force members must have received at least 1 dose of a COVID-19 vaccine by 30 September 2021.

2. All NSW Police Force members must have received at least 2 doses of a COVID-19 vaccination by 30 November 2021.

3. Evidence of vaccination is to be provided by the NSW Police Force member to the NSW Police Force. This information will be recorded via NSW Police Force systems for the purpose of deployment, welfare and safety management.

4. Exemptions to this requirement will include:

1. NSW Police Force members who are unable, due to a medical contraindication to receive a COVID-19 vaccine and present a medical contraindication certificate.
2. Any other NSW Police Force member as I determine appropriate, subject to consideration of their specific circumstances.

 

Risk Assessments and consultation

The PSA must be engaged in consultation around the above direction, and will be seeking copies of the Risk Assessments that are required to be completed before making such directions.

Vaccination and the workplace

The PSA has previously distributed a bulletin regarding mandatory vaccinations in the workplace.  You can view that bulletin in full here.

Lawful and Reasonable directions

A lawful direction is one that is within the scope of employment and involves no unlawfulness.  What is reasonable is influenced, among other things, by the contents of statutory duties in occupational health and safety legislation.  In the context of determining whether a direction to receive a vaccination is reasonable, a case by case analysis is appropriate, which would include:

• Consideration of the nature of the work the relevant employee does
• The availability of vaccines to that person
• Their suitability for any available vaccination
• The risks of transmission associated with the work (including the vulnerability of particular persons they might work with)
• How those risks would be reduced by vaccination
• How much time is given to comply with any direction
• Whether costs or losses caused by complying with the direction would be met
• The amount of community transmission of the virus at the time the direction is issued

Vaccination for authorised workers leaving their area of concern

Authorised workers in a current LGA of concern are subject to a Public Health Order.  This Order has been amended to provide further extensions to the requirement for authorised and other identified groups of workers to be vaccinated.

Authorised workers from LGAs of concern now have until the end of 19 September 2021 to get vaccinated, but they have to have booked a vaccination by 9 September to receive a COVID-19 vaccine on or before 19 September 2021.

From 9 September 2021, an authorised worker must not leave the area of concern they live in for work unless:

• They have had at least 1 dose of a COVID-19 vaccine, OR
• Has been issued with a medical contraindication certificate

Pursuant to clause 4.3(3C) of the Order, from the beginning of 9 September until the end of 19 September 2021:

• An authorised worker is taken to have complied with the requirement to have one dose if they have an appointment to receive a COVID-19 vaccine on or before 19 September 2021, and

Evidence of the appointment is taken to be the evidence required to be shown