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Parliamentary Questions


Question Without Notice No. 504 asked in the Legislative Council on 17 August 2021 by Hon Dr Steve Thomas

Parliament: 41 Session: 1

CORONAVIRUS — NATIONAL RESPONSE PLAN — VACCINATION THRESHOLD

504. Hon Dr STEVE THOMAS to the Leader of the House representing the Premier:

I refer to the Western Australian government policy that receiving a COVID-19 vaccination is free and voluntary, and to the agreement at national cabinet to end lockdowns and reopen the country after reaching a minimum 80 per cent vaccination rate.

(1) If an unvaccinated individual who is either an employee or a customer acquires COVID-19 while frequenting a small business, is that business liable for any legal consequences?

(2) Has any advice been sought from the State Solicitor's Office or any other source with regard to legal liability for COVID-19 infection and vaccination status, including the circumstances in (1)?

(3) If yes to (2), will the minister provide a copy of that advice; and, if not, why not?

(4) If no to (2), will the minister seek that advice and table it in due course; and, if not, why not?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question. The premise of the question is incorrect in relation to national cabinet agreements.

(1) It is not appropriate to seek legal advice on matters for individual businesses in the house.

(2) No.

(3) Not applicable.

(4) The government will continue to seek legal advice needed in its ongoing management of the COVID-19 pandemic. Decisions around tabling of legal advice will not be made on a hypothetical basis.