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Thu 16 Jun 2022 4:11AM

COVID Mandate by Jurisdiction review- Monday 20 June at 2pm.

JE Jason Emmins Public Seen by 48

This action comes from the Risk Jedi.

The purpose of this Jedlet is to:

  • Review the advice received from the lawyer regarding COVID Mandate requirements- attached.

  • from an organisational perspective, identify what we need to consider/implement/identify options.

  • Feedback will be reported back to the Governance Jedi (scheduled for the 23rd June).

A teams meeting has been sent to All Jeder members for Monday 20th June at 2pm. If you are not able to attend the meeting, please make comments, raise questions or provide feedback on this thread.

It would be great to see you there.

JAC

Julie Anne Carrington Thu 16 Jun 2022 1:32PM

I read through the document - (which I must say looks to me to be cut and pasted from the wording of each Health directive, there doesn't seem to be any advice or imterpretation by the lawer in their own words of what the mandate means to us as an organisation)

I admit my focus was on QLD - however I cannot see where Support Coorodinators fall into the examples of a Health Care worker

‘High-risk settings’ include early childhood, primary and security educational settings, corrective service facilities, police watchhouse and some areas of airports.

There are specific directions for:

Examples of a healthcare worker include an employee or contractor of a disability accommodation service, support worker providing services in supported independent living NDIS funded psychologist or occupational therapist providing in home support for an NDIS participant’s wellbeing (whether a registered or unregistered NDIS provider), non NDIS support person that provides in home assistance to a person in residential aged care;

Please see the advice from the aged care facility that my father resides in.

To assist families, we have attached a visiting protocol flowchart for reference. This will explain visiting arrangements whether your vaccinated, unvaccinated, or visiting a loved one.

Please remember to adhere to the below:

  • All visits on site or off site MUST be booked in at reception.

  • Visiting hours are from 8:30am to 4:30pm 7 days. This is based on 2 people per visit for a

    maximum of 4 hours

  • TGA approved Rapid Antigen Test is to be completed daily on site before visiting your loved

    one.

  • NoosaCare is providing 1 free RAT kit for one visitor per resident per day i.e., there are a

    maximum of 2 visitors per resident per day, the second visitor is to bring their own TGA

    approved RAT test kit.

  • Face masks remain mandatory for the duration of your visit at any Aged Care facility.

  • Wash hands before entering and leaving the facility

  • Stay 1.5 metres away from others where possible

  • Stay away when unwell

  • Follow requests from the NoosaCare staff to help keep staff and residents safe

Jeder could potentially to do a risk assessment on the above advice

COS could follow this direction and safely have face to face with our Participants.

JE

Jason Emmins Thu 16 Jun 2022 11:13PM

Thanks @Julie Anne Carrington. You raise a good question- are visitors and employees/workers classified differently under the Mandate (please correct me if I am wrong in my summary/assumption)?

Its also ok to concentrate on your state (QLD)- I would not expect everyone to be all over each of the jurisdictions.

From my perspective- they are classified differently based on:

  1. This Direction applies to a person who is seeking to enter and remain in a residential aged care facility as a visitor for the purpose of visiting or providing support to a resident of that residential aged care facility, or to provide products or services on a voluntary basis, as part of their role with an organisation other than the residential aged care facility.

    Note: a person who is an employee, a student undertaking placement, or a volunteer engaged directly by a residential aged care facility is not considered a visitor who is subject to the requirements of this direction but is considered either a residential aged care worker or a worker in healthcare who is required to comply with the Workers in a healthcare setting (COVID-19 Vaccination Requirements) Direction (No. 4) or its successors.

To me, if we receive payment for the supports we provide (which would be classified as a Health Care Worker- as we are certainly promoting wellbeing) we would not be classified as voluntary and as such the mandate conditions apply.

Thoughts?

JAC

Julie Anne Carrington Sun 19 Jun 2022 8:59PM

I realise the differance betwwen visitors and employee's - from the CEO of the care facility

"We have been working within grey areas of the mandate to assist families to visit their loved ones".

I know there is a clear point of difference between visitors and employee’s - grey areas is my point how can we be creative working within the guidelines.  

MK

Michaela Kennedy Sun 19 Jun 2022 12:58AM

I'm not really good at deciphering this type of jargon and agree that there doesn't seem to be any actual advice from the lawyer only copied information from the government information. From a little google search there seems to be another update as of June 17, link below. Does this make this information outdated? I am also aware that the pandemic status has been extended to September 2022 which I believe allows for such mandates. However we don't know what is going to happen after that.

https://legislation.nsw.gov.au/file/Public%20Health%20(COVID-19%20General)%20Order%20(No%202)%202022_220617.pdf

What is important to me is that we have options for those who do not wish to either get vaccinated or do not want the boosters. We have done well to date with having the option of working non face to face and as long as this can continue I would be grateful. I don't think anything is certain for the long term until the pandemic is over.

I look forward to further discussions on Monday and I will advocate for wider collaboration opportunities and simplified information share.

JE

Jason Emmins Mon 20 Jun 2022 2:29AM

Thanks Mic- I will have a look at the info.

The update to the NSW Mandate includes:

Update: 15/06/2022-

Explanatory note The object of this Order is to repeal and remake the Public Health ((COVID-19 General) Order 2022 with the following amendments—

(a) the removal of the direction that persons who enter nightclubs, strip clubs, sex on premises venues and large indoor music festivals must register their contact details,

(b) the removal of the direction that only fully vaccinated persons may be on premises where a large indoor music festival is being held.

JE

Jason Emmins Tue 21 Jun 2022 4:25AM

Hi, apologies for anyone that missed it, but the Jedlet Notes can be found: 2022 06 20 Mandate by Jurisdiction Jedlet .docx

JE

Poll Created Tue 21 Jun 2022 6:27AM

What should we do if one of our members receives a fine due to not meeting the COVID19 Mandate requirements Closed Tue 28 Jun 2022 6:02AM

Outcome
by Jason Emmins Wed 29 Jun 2022 4:48AM

Thanks for everyone that voted- we had 40% of our members respond.

Based on the results, 56% of the members that voted feel it is best to discuss individual circumstances at the Governance Jedi should an individual or Jeder receive a fine. The second highest (32%) was the individual should be responsible for both fines.

I will take these results to the Risk Jedi and Governance Jedi for discussion/further action (if required).

At the Mandate by Jurisdiction Jedlet today, we had an initial discussion about what should we do if one of our members were to receive a fine for not complying with the relevant State Based Mandate Requirements. It was decided to Poll the Membership to gauge what we should/could do.

In most States, to be considered fully vaccinated, members need to have had three doses (2 initial and one booster) of the COVID 19 Vaccination or provide a medical contraindication/exemption. For more specific information regarding the mandates, please click on this link: Vaccination Mandates by Jurisdiction - Updated 26 May 2022 (Tracked).docx

Currently, the fines are (I have only included the states where we are currently undertaking work):

NSW- individual fine $11,000 and 6 months imprisonment, Organisational $55,000 and $27500 each day the offence continues.

VIC- Individual fine $21,808, Organisational/Corporations $109,044

QLD- $13,785 (100 penalty points- 1 penalty point is $135.85). does not distinguish between individual or organisational.

TAS- not specified in Directive.

Results

Results Option % of points Voters
Depends on the circumstances and should be discussed with the Governance Jedi 56.0% 14  
Individual should be responsible for both personal and organisational fine 32.0% 8  
The Individual should pay the individual fine and Jeder should pay the organisational fine 12.0% 3  
Jeder should pay both fines 0.0% 0  
Undecided 0% 36  

25 of 61 people have participated (40%)

👤

Anonymous Tue 21 Jun 2022 6:28AM

Depends on the circumstances and should be discussed with the Governance Jedi

Q: is this an ethical discuss?

Am I and Jeder the right fit if I have no medical/health restriction to have the vaccine?

If this is part of regulation, how flexibility do I have?

Is it worth to take the risk?

Is Jeder responsible to notify the authories about membership vaccination status? If so, does Jeder has the responsibility to put employment on hold to safe guarde both?

When does the matter become a fine?

I am fully vaccinated.

Is this right or wrong? Is this discrimination?

👤

Anonymous Tue 21 Jun 2022 6:28AM

Depends on the circumstances and should be discussed with the Governance Jedi

I don’t feel like I have enough information to make an informed vote. Are you able to share more background info on the mandates? Is this NDIS specific or Jeder wide? Thank you.

👤

Anonymous Tue 21 Jun 2022 6:28AM

Depends on the circumstances and should be discussed with the Governance Jedi

Due to their being reasons both medical and moral as to why some members are choosing not to be vaccinated, and that the wording within the mandates by jurisdiction are not always clearly stated, it may not always be the fault of the individual in not being able to clearly decipher what can and cannot be undertaken to meet the criteria of the mandate. To avoid any risk to Jeder lawyers need to clearly answer any questions relating to grey areas in order that unvaccinated members have exact info.

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