COVID-19 Public Health Response (Vaccinations) Order 2021

Exemptions

Heading: inserted, on 12 August 2021, by clause 12 of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

12A Power of Minister to grant exemptions

(1)

A relevant PCBU may, by notice in writing to the Minister, apply for an exemption for a person specified in the application from any other provision of this order.

(2)

The relevant PCBU must, in writing, inform the person specified in the application of the application.

(3)

If the Minister receives an application, the Minister may ask the relevant PCBU to provide any evidence or other information that the Minister reasonably requires for the purposes of deciding whether to grant the exemption.

(4)

The Minister may exempt the person specified in the application from any provision of this order for a specified period if satisfied, on the basis of the evidence or other information provided, that—

(a)

the exemption is necessary or desirable—

(i)

to promote the purposes of the Act; and

(ii)

to prevent significant disruption to—

(A)

essential supply chains, in the case of an application to exempt from any provision of this order a person belonging to a group specified in any of Parts 1 to 6 of the table in Schedule 2; or

(B)

health services, in the case of an application to exempt from any provision of this order a person belonging to a group specified in Part 7 of the table in Schedule 2; or

(C)

the essential operations of a corrections prison, in the case of an application to exempt from any provision of this order a person belonging to a group specified in Part 8 of the table in Schedule 2; and

(D)
[Revoked]

(E)
[Revoked]

(b)

the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.

(5)

Before granting an exemption, the Minister must take into account—

(a)

if applicable, the potential for significant supply chain disruption if the work carried out by a particular person does not occur, including the extent of the risk to the public interest if the work does not occur; and

(b)

the extent to which the work is necessary, including whether it could reasonably be—

(i)

delayed to facilitate the vaccination of the persons needed to carry out work; or

(ii)

performed by other persons who have been vaccinated; and

(c)

the public health risk associated with the work.

(6)

The Minister may impose conditions on the exemption as the Minister considers necessary.

(7)

The Minister must, in writing, inform the relevant PCBU and the person specified in the application of the outcome of the application and, if the exemption is granted, when the exemption expires.

(8)

If an exemption is granted under this clause, the relevant PCBU must provide the person exempted with written notice of the exemption that states when the exemption expires.

(9)

Subclause (4)(a)(ii)(D) and (E) are revoked on 1 January 2022.

Compare: LI 2021/6 cl 46

Clause 12A: inserted, on 12 August 2021, by clause 12 of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 12A(4)(a)(ii): replaced, at 11.59 pm on 25 October 2021, by clause 11(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

Clause 12A(4)(a)(ii)(C): amended, at 11.59 pm on 6 November 2021, by clause 12(1) of the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021 (SL 2021/358).

Clause 12A(4)(a)(ii)(D): revoked, on 1 January 2022, by clause 12A(9).

Clause 12A(4)(a)(ii)(E): revoked, on 1 January 2022, by clause 12A(9).

Clause 12A(5)(a): amended, at 11.59 pm on 25 October 2021, by clause 11(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

Clause 12A(9): inserted, at 11.59 pm on 7 November 2021, by clause 12(3) of the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021 (SL 2021/358).