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Parliamentary Questions


Question Without Notice No. 639 asked in the Legislative Council on 7 September 2021 by Hon James Hayward

Parliament: 41 Session: 1

CORONAVIRUS — VACCINATIONS — MANDATORY

639. Hon JAMES HAYWARD to the minister representing the Minister for Health:

I refer to the ability of the Chief Health Officer to issue public health orders for mandatory COVID-19 vaccinations.

(1) Will the state government provide definitive guidance and advice to the business and community sectors on implementing mandatory vaccination requirements for their employees, contractors and customers?

(2) Is the minister confident that vaccine requirements announced for WA health workers are constitutional and legal?

(3) If yes to (2), has the minister sought legal advice on how the requirements under the Equal Opportunity Act 1984 will be met with regard to mandatory vaccination requirements?

(4) Will the minister ensure that people with legitimate reasons not to be vaccinated, such as chemotherapy patients or people with immunodeficiency disorders, are not discriminated against by vaccination policies?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question. The following answer is provided on behalf of the Minister for Health.

(1)–(4) Public health directions are legally enforceable instruments issued by the Chief Health Officer pursuant to sections 157(1)(e), 157(1)(k), 180 and 190(7)(p) of the Public Health Act 2016 and meet the requirements of that act and the Equal Opportunity Act 1984. The Residential Aged Care Facility Worker Access Directions and the Health Worker (Restrictions on Access) Directions both provide for exemptions on medical grounds.