Jeder COVID Vaccination Mandate WIN WIN Strategy Version 2

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:- martin.byrne@jeder.com.au ( martin.byrne@jeder.com.au )

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.

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).

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:- martin.byrne@jeder.com.au ( martin.byrne@jeder.com.au )

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.

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.

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:- martin.byrne@jeder.com.au ( martin.byrne@jeder.com.au )

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.

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!!

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?

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.

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.

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?