COVID-19 Public Health Response (Vaccinations) Amendment Order 2021

  • revoked
  • COVID-19 Public Health Response (Vaccinations) Amendment Order 2021: revoked, at 11.59 pm on 26 September 2022, pursuant to clause 3(2) of the COVID-19 Public Health Response (Revocations) Order 2022 (SL 2022/254).

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force at 11.59 pm on 14 July 2021 (apart from clause 12, which comes into force on 12 August 2021), amends the COVID-19 Public Health Response (Vaccinations) Order 2021 (the principal order) by extending the requirement that certain work be carried out only by affected persons who are vaccinated to additional groups of affected persons. The order creates duties in this regard for those persons and their relevant PCBUs. It also—

  • provides exemptions for affected persons who do not interact with aircrew members, crew of affected ships, or international transiting or arriving passengers, or who have particular physical or other needs that make vaccination inappropriate; and

  • refines clause 9 of the principal order regarding who may grant exceptions and under what circumstances they may be granted; and

  • replaces clauses 11 and 12, which set out duties regarding the COVID-19 vaccination records of affected persons; and

  • adds new clause 12A, which sets out the grounds on which the Minister may grant exemptions.

Schedule 1 of this order adds transitional provisions to the principal order. They provide that affected persons who are working as members of groups added to the principal order at 11.59 pm on 14 July 2021 are required to have received their first vaccination by 26 August 2021 if they are a service worker or by 30 September 2021 if they are a worker other than a service worker.

Service workers who become affected persons after 26 August 2021 must have received their first injection of the Pfizer/BioNTech COVID-19 vaccine before they perform work as a member of an affected group, and have 35 days to receive their second injection.

Other persons who become affected persons after 30 September 2021 must have received their first injection before they perform work as a member of an affected group, and have 35 days to receive their second injection.

Workers required to be vaccinated before 15 July 2021 continue to be required to be vaccinated by the dates specified in the principal order as if this order was not made.

A breach of the requirements is an infringement offence under section 26(3) of the COVID-19 Public Health Response Act 2020 (the Act) for which a person or a relevant PCBU is liable to an infringement fee of $300 or a fine not exceeding $1,000.

This order must be approved by a resolution of the House of Representatives before the expiry of the period described in section 16(2) of the Act. If that does not happen, the order is revoked on the expiry of that period.