Page 4039 - Week 13 - Thursday, 2 December 2021
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In line with the way in which isolation and quarantine directions are currently drafted, the bill includes provisions stating that such a direction must allow a person to leave quarantine or isolation for emergency reasons, such as accessing emergency medical treatment or escaping domestic or family violence.
The executive may make a direction in relation to a requirement to be vaccinated against COVID-19 to do any of the following: engage in particular work; work at a particular workplace; engage in a particular activity; or access a particular place.
The intent of a vaccination direction would be to limit the spread of COVID-19 in high-risk settings, particularly to protect vulnerable people in settings such as hospitals, disability and aged-care settings. The implementation of a vaccination direction would be intended to be targeted only to certain higher risk work settings. Any such direction would be subject to disallowance by the Legislative Assembly, recognising the significant way in which such a direction engages human rights.
The bill requires that any direction include a statement about the nature of the risk presented by COVID-19 and the grounds on which the direction is necessary to prevent or alleviate the risk. The executive, minister or Chief Health Officer may only make a direction if they are satisfied that it is necessary to prevent or alleviate the risk presented by COVID-19, and they must present and publicly release the public health advice in a statement with evidence to support such measures. It will also be a requirement for the executive, minister or Chief Health Officer to consult with the Human Rights Commission before making any new direction, unless there is an urgent need to make a ministerial or Chief Health Officer direction, in which case the Human Rights Commission must be consulted about it as soon as practicable after the fact.
Any direction made by the Chief Health Officer in relation to a particular person must be made in writing and provided to that person. While any direction is in force, the Chief Health Officer must provide regular advice to the minister or executive about whether the Chief Health Officer believes that the direction is still justified, and any direction must be revoked if there is no longer a justification under the act.
The bill sets out robust internal and external review mechanisms and prescribes the ability to notify formal guidelines to ensure that individual circumstances and human rights considerations remain at the front and centre of our ongoing response to managing COVID-19 in the community.
Division 6C.6 of the bill details the process for an individual to seek an exemption in writing or an internal review of a decision made in assessing an exemption request. The relevant decision-maker will be required to notify the applicant seeking the exemption of the decision within 14 days after the application is made, or within seven days for a segregation or isolation direction. An internal review process has been included as a provision in the bill to provide a safeguard for affected persons to appeal an exemption decision. This codifies current practice, which enables a person whose exemption is not supported to apply for an internal review of the decision.
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