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Wed 29 Dec 2021 1:44PM

Jeder COVID Vaccination Mandate WIN WIN Strategy Version 2

DB Dee Brooks Public Seen by 33

Hi All,

Please find attached the Jeder COVID Vaccination Mandate Win Win Strategy v2, based on legal advice and updated information!

Further questions we are exploring:

1.    What don’t we know or a little unsure of (the gaps)?

2.    How do we get a harmonious balance (Win/Win)?

3.    What other questions do you have?

4.    How do we meet our obligations under the new NDIS practice standards to ensure the health, well-being and safety of the participants we support?

5.    What is our legal position in regards to employed members sharing information that is in contradiction to mandates or directives?

Please let us know if you have any further concerns, queries or questions!

MB

Martin Byrne Wed 29 Dec 2021 7:29PM

Hi Dee

I think the definition of contracting entity for support coordination is unclear.

A support coordinator is not the employer of support workers that provide supports to Participants, and support coordinators are not in charge of rostering.

Support workers who are sole traders are the employer, and therefore one would surmise that they are entirely responsible for ensuring that they comply with the vaccination status for workers?

Kind regards,

Marty

Martin Byrne

Coordinator of Supports – Monday to Friday

Jeder Institute

Northern NSW

M:- 0420 317 157

E:- [email protected] ( [email protected] )

W:- www.jeder.com.au ( http://www.jeder.com.au/ )

We commit to reconciliation and acknowledge Aboriginal and Torres Strait Islander peoples’, their histories, cultures and communities. We acknowledge the lands of Australia were never
ceded and we respect the Aboriginal and Torres Strait Islander peoples as the traditional custodians of the land.

JE

Jason Emmins Tue 4 Jan 2022 8:01AM

Thanks Marty,

Where did you see the reference of contracting entity? Can you point me in this direction so I can see what you are referring to (or shoot me an email).

I agree with you- Support Coordinators do not contract support workers (either through agencies or third parties or individual sole traders) and they should be complying with relevant legislation (especially those who choose to be an independent/sole trader as they are operating a business).

I liken it to choosing to follow some rules and not others- I would LOVE not to pay tax but I know the consequences if I do not (not just personally but also on the community/society).

MB

Martin Byrne Tue 4 Jan 2022 7:05PM

Hi

Here is the link to the page, with the information relevant to the disability sector below:

https://www.nsw.gov.au/covid-19/vaccination/requirements-for-workers

In-home and community aged care workers and anyone providing disability services

In-home and community aged care workers, and anyone providing disability services, will be required to
be vaccinated against COVID-19 or have a medical exemption in order to work.

Disability services means services provided in person to a person with a disability, including (but not
limited to) services

  • funded or provided under the National Disability Insurance Scheme, or

  • funded or provided under the Assisted School Travel Program of the Department of Education.

In-home and community aged care workers means people who:

  • Provide flexible care, home care, or a Commonwealth-funded aged care service

  • Provide that service outside of a residential care setting

  • Do so for or on behalf of:

  • an approved provider for whom a flexible care subsidy or home care subsidy is payable under the Aged Care Act 1997 or

  • a service provider of a Commonwealth-funded aged care service within the meaning of the Aged Care Quality and Safety Commission Act 2018, delivering services outside a residential aged care setting

Disability workers and in-home and community aged care workers must not provide disability services unless
they have had two doses of a COVID-19 vaccine (unless they have a medical exemption).

The employer or
contracting entity of a disability worker or in-home and community aged care worker must take all reasonable steps to ensure the vaccination obligations are complied with.  

I just thought that the use of contracting entity was ambiguous, and was not sure what the NDIA’s interpretation of this was.

Kind regards,

Marty

Martin Byrne

Coordinator of Supports – Monday to Friday

Jeder Institute

Northern NSW

M:- 0420 317 157

E:- [email protected] ( [email protected] )

W:- www.jeder.com.au ( http://www.jeder.com.au/ )

We commit to reconciliation and acknowledge Aboriginal and Torres Strait Islander peoples’, their histories, cultures and communities. We acknowledge the lands of Australia were never
ceded and we respect the Aboriginal and Torres Strait Islander peoples as the traditional custodians of the land.

MK

Michaela Kennedy Mon 10 Jan 2022 6:26PM

I think it is clear - the responsible contracting entity would be the participant or their nominee, when the support workers are working for them. Coordinators act on their behalf and the participant / nominee makes the final decision.

MB

Martin Byrne Mon 10 Jan 2022 6:39PM

Great, I was hoping that would be the case

Kind regards,

Marty

Martin Byrne

Coordinator of Supports – Monday to Friday

Jeder Institute

Northern NSW

M:- 0420 317 157

E:- [email protected] ( [email protected] )

W:- www.jeder.com.au ( http://www.jeder.com.au/ )

We commit to reconciliation and acknowledge Aboriginal and Torres Strait Islander peoples’, their histories, cultures and communities. We acknowledge the lands of Australia were never
ceded and we respect the Aboriginal and Torres Strait Islander peoples as the traditional custodians of the land.

MK

Michaela Kennedy Mon 10 Jan 2022 6:45PM

Just read what Alex wrote on another thread where she rang the hotline and they said the responsible s with the independent worker not the participant but that they don’t have a plan to monitor and enforce- that would be too costly. Crazy days!!

DU

[deactivated account] Wed 5 Jan 2022 1:10AM

Thanks for all your work on this @Dee Brooks. I acknowledge that this is a very divisive/polarising topic which is why i suspect Members are not commenting. Having said that i think its important to be fully transparent and ask the difficult questions, respectfully and with no judgement, I'm curious to learn what happens to the Members who have chosen to be Vaxxed if Jeder are fined as an Organisation for those who are chosing to be unvaxxed?

Who pays for the fine? The documents state that fines will continue until compliance is completed, so how far are we willing to go?

JE

Jason Emmins Wed 5 Jan 2022 4:49AM

Good question @Meredith Baylis - lets open the discussion. I am happy to contribute and be challenged :-)

My thought would be that any fines would be applied to each individual member and they would be responsible and able to pay this through their class. If the organisation was at fault (i.e. did nothing about it), then I would clearly argue this is an organisational responsibility (and the organisation pays) but when its an individual members responsibility then I think it sits with the member. As an organisation, I think we have done everything we can do (within the boundaries of regulation but also challenging the boundaries and coming up with creative solutions). Happy to hear other's thoughts on this.

MK

Michaela Kennedy Mon 10 Jan 2022 6:29PM

I agree with Jason, if a member has done the wrong thing and continued to work face to face while not being vaccinated, they pay the fine with the

Funds from their class. I think we are doing well by still supporting people who are unvaccinated to work in a non face to face capacity. Most other organisations don’t give that choice.

DB

Dee Brooks Wed 5 Jan 2022 2:15AM

Thanks @Martin Byrne @Jason Emmins & @Meredith Baylis - I'm going to call a small group of willing members together to co-create a "how to" of sorts in regards to this legislation and what that means, on the ground, for our members! Interested?

MB

Martin Byrne Wed 5 Jan 2022 9:00AM

Yes I am interested

Get Outlook for Android ( https://aka.ms/AAb9ysg )

JE

Jason Emmins Wed 5 Jan 2022 10:01AM

Count me in too :-)

Item removed

DU

[deactivated account] Wed 5 Jan 2022 10:32AM

I'm interested.

KH

Kaeleen Hunter Wed 5 Jan 2022 11:44AM

I'm in :-)

JAC

Julie Anne Carrington Wed 5 Jan 2022 8:36PM

I am in

DB

Dee Brooks Mon 10 Jan 2022 12:03AM

Hi All, let's get this happening!

We have @Martin Byrne @Jason Emmins @Meredith Baylis @Kaeleen Hunter @Julie Anne Carrington so far - is anyone else interested? @Kate Johnstone @Fiona Miller (as you are both in different states from the above)

The Docs Jedi meets every second Thursday with the first one of the year being this week - how does this work for everyone:

FIRST MEETING FOR DEVELOPMENT OF A "HOW TO" GUIDE FOR JEDER MEMBERS WORKING WITHIN THE COVID VACCINATION MANDATE:

Thursday 13th January 12pm - 1.30pm

MB

Martin Byrne Mon 10 Jan 2022 12:10AM

Hi Dee

I will be unable to join the meeting on Thursday as I have meetings scheduled with new Participants.

Kind regards,

Marty

Martin Byrne

Coordinator of Supports – Monday to Friday

Jeder Institute

Northern NSW

M:- 0420 317 157

E:- [email protected] ( [email protected] )

W:- www.jeder.com.au ( http://www.jeder.com.au/ )

We commit to reconciliation and acknowledge Aboriginal and Torres Strait Islander peoples’, their histories, cultures and communities. We acknowledge the lands of Australia were never
ceded and we respect the Aboriginal and Torres Strait Islander peoples as the traditional custodians of the land.

DB

Dee Brooks Mon 10 Jan 2022 12:18AM

Hold that thought, Marty! If this is not a good time for many, I'll do a poll!

JAC

Julie Anne Carrington Mon 10 Jan 2022 8:39PM

Dee I will have to decline sorry Thursday is my working day for hairdressing – my other job!

I will look forward to seeing any conversations on loomio

Thanks

Julie Carrington

Support Coordinator

A close up of a sign

Description automatically generated ( https://www.jeder.com.au/ )

M: 0409874642 E:
[email protected] | W: www.jeder.com.au ( http://www.jeder.com.au/ )

We commit to reconciliation and acknowledge Aboriginal and Torres Strait Islander peoples’, their histories, cultures and communities. We acknowledge the lands of Australia
were never ceded and we respect the Aboriginal and Torres Strait Islander peoples as the traditional custodians of the land.

signature_972615215

DB

Dee Brooks Mon 10 Jan 2022 8:54PM

See updated suggested date below...

KH

Kaeleen Hunter Mon 10 Jan 2022 3:21AM

heyho = I had already put myself into that meeting last week as I thought this may be the zone - always willing to be flexible ;-)

DB

Dee Brooks Mon 10 Jan 2022 3:32AM

How about Friday 14th, all? Anytime after midday?

KH

Kaeleen Hunter Mon 10 Jan 2022 9:01PM

can do Dee ;-)

JE

Jason Emmins Mon 10 Jan 2022 11:49PM

Friday after midday is all good for me :-)

DU

[deactivated account] Tue 11 Jan 2022 10:59PM

Hi @Dee Brooks do we have a time locked in for friday yet? Im free after 2pm.

DB

Dee Brooks Tue 11 Jan 2022 11:23PM

Ok, let's say 2pm on Friday!

I'll send everyone here interested a calendar invite and understand that some of you can't make it although, I'll add details in the invite to make sure everyone can still be involved!

RD

Renee Davies Tue 11 Jan 2022 3:45AM

I can't make it Friday, but I just wanted to add from a QLD perspective, that I attended a webinar in December with QLD govt. representatives that confirmed what has been said above - responsibility is on employers and in the case of sole traders on themselves not on CoS or Plan Managers etc. and no legal responsibility on Participants. They also confirmed that those that can do their role non face-to-face, including CoS, could continue to do so (non f2f) if they were not fully vaccinated and still be compliant under the QLD mandate. I hope that helps :)

DB

Dee Brooks Tue 11 Jan 2022 11:24PM

Thanks Renee!

JE

Jason Emmins Tue 18 Jan 2022 11:09AM

Thanks Renee- this is quite helpful :-)

JAC

Julie Anne Carrington Tue 11 Jan 2022 9:33PM

sorry friends I am out I will keep in the loop via loomio!

DB

Dee Brooks Tue 11 Jan 2022 11:24PM

I'm sure there will be more than 1 meeting! Thanks Julie!

Y

Yvonne Wed 12 Jan 2022 4:12AM

Hi there,

Big issue to unpack!! I haven't commented as I have been on leave, and I still am on leave...LOL... I think @Renee Davies is correct ...its the employers and the sole traders who are responsible, for any COVID related fines, but the NDIA may have a different viewpoint. I await the outcome of the discussions from the Jedi(Jedlet?)

DB

Dee Brooks Wed 12 Jan 2022 6:52AM

Thanks Yvonne,

This is only a thread to get a group together to start a draft - there will be much more to respond to after Friday and no one will miss out!

I see this will take a few sessions and more consultation with the full membership before we have something finalised!

Thanks for your input and enjoy more holidays!

Dee...