Mandatory vaccination FAQs2021-10-25T17:26:31+11:00
Are vaccinations a good idea?2021-10-21T11:32:15+11:00

Getting vaccinated is one of the best ways to protect yourself, your family and the community from getting seriously ill from COVID-19.  Medical evidence indicates that vaccines are effective at reducing the likelihood that you will catch and spread COVID-19 to others.

Are vaccinations mandatory?2021-10-20T09:27:09+11:00

Mandatory vaccinations programs already exist in most parts of Australia for a range of vaccines.  They apply to workers whom public health authorities have identified as at risk of contracting and/or spreading COVID-19.

Vaccination laws differ from state to state.  These mandates are generally, but not always, implemented through the use of Public Health Orders. However, even without specific laws, there are some circumstances where an employee can be compelled to receive a vaccination as a condition of employment.

The AFP has introduced the direction of mandatory vaccinations via a Commissioner’s Order and National Guideline in accordance with s.38 or direction under s.40.

Can the AFP direct me to be vaccinated?2021-10-29T09:13:10+11:00

It is likely that the COVID-19 mandate will be regarded as lawful and reasonable for the majority of the AFP workforce, however there may be some minor exceptions to this based upon an individual’s particular circumstances (discussed further below in relation to exemptions).

As the mandate is likely to be lawful and reasonable for the majority of AFP appointees, there is an obligation to comply with such directions.

I am hesitant about getting the vaccine. Who should I talk to?2021-10-29T09:14:46+11:00

Your general practitioner is best placed to provide the best medical information about the safety and efficacy of COVID-19 vaccinations.

In the unlikely event I suffer an adverse reaction to a vaccination, what support will be available?2021-10-29T09:15:54+11:00

If you experience any adverse side effects following the vaccination, we encourage all members to submit a Workplace Incident Report and to make a workers compensation claim. In addition, should you require immediate medical assistance and have out of pocket expenses, you may be able to access the AFP’s Early Intervention Program.

 

We have previously agitated with the AFP that any time of work following a vaccination should be covered under COVID-19 leave. We will continue to agitate for this.

 

If you do suffer an adverse reaction, please contact our Legal & Industrial team to discuss your options.

Is it discriminatory for my employer or a service provider to require me to get vaccinated?2021-10-29T09:22:37+11:00

In Australia, there are various legal frameworks in place to ensure employees are not unfairly disadvantaged on account of traits such as race and ethnicity, gender, religious affiliation, age, sexual orientation, socioeconomic status, or degree of able-bodiedness.

Vaccination status is not a protected attribute.

What if I have a medical, religious or other reason for not being vaccinated?2021-10-21T11:37:12+11:00

We have been, and continue to, agitate that any direction should contain robust protections for those with genuine reasons for not being able to be vaccinated. We understand that the AFP will provide exemptions in two broad categories – medical and special circumstances.

Should you need assistance with seeking an exemption, please contact our office.

What if I have a medical, religious or other reason for not being vaccinated?2021-10-29T09:15:14+11:00

We have been, and continue to, agitate that any vaccination mandate must contain robust protections for those with genuine reasons for not being able to be vaccinated. We understand that the AFP will provide exemptions to employees for two broad categories; medical and special circumstances.

 

We are currently engaging with the AFP further as to what grounds are likely to be considered in providing an exemption under those categories, and to ensure robust protections are in place for members who have legitimate grounds in being unable to receive a vaccination.

 

Should you need assistance with seeking an exemption, please contact our office.

Will the AFPA seek to challenge the mandate?2021-10-29T09:13:51+11:00

As indicated above, it is likely that the mandate will be regarded as lawful and reasonable for the majority of the AFP workforce. The AFPA has obtained independent legal advice on this issue which has confirmed this position. Therefore, the AFPA does not intend on challenging the mandate as whole.

 

There may be some grounds on which the AFPA may seek to challenge the mandate, but that would be on a case-by-case basis if the AFP refused to provide an exemption to a member who had genuine grounds for seeking being exempted. However, we stress that this would be completely dependent on that individual’s circumstances, rather than the Commissioner not having the power to issue such a mandate to the workforce at large.

 

If you believe that you have been discriminated against or disadvantaged in the workplace, please consider notifying us of your concerns, and we’ll assess the situation and offer you advice.

Can the AFP redeploy me if I don’t get vaccinated?2021-10-20T09:18:19+11:00

Yes, and in saying that, the Commissioner has the power to redeploy you at any time.  This isn’t a new power. But, ultimately, the AFP has a duty of care to ensure, where it can, that you are safe at work and in the workplace.

If I refuse to get the vaccine and do not obtain an exemption, what action might the AFP take?2021-10-29T09:16:43+11:00

The AFP has posted material setting out the process if an appointee refuses to comply with the direction to receive a vaccination and does not obtain an exemption.

 

Noting that the mandate is proposed to be contained within a Commissioner’s Order, and failure to adhere to the Commissioner’s Order will be followed up by a direction to the appointee from Deputy Commissioner Operations under section 40 of the AFP Act, breaching a Commissioner’s Order and/or a direction may potentially lead to disciplinary action being taken. As noted above, in most cases, a direction to receive a vaccination is likely to be lawful and reasonable for most AFP appointees, meaning that such directions need be complied with.

 

In some other police jurisdictions which have mandated COVID-19 vaccinations, Commissioners of Police have directed unvaccinated members to not attend work until such time as they have received a vaccination. In these circumstances, employees have been required to utilise their own leave entitlements while directed not to attend the office

My appointment to receive a vaccine is during work hours. Can I record this as ordinary time?2021-10-29T09:17:54+11:00

Yes. Any time you spend obtaining a vaccination should be recorded as ‘Ordinary Time’. Further details can be found on the AFP’s COVID-19 website.

What advice has the AFPA sought on this matter?2021-10-20T09:24:41+11:00

he AFPA has been proactive in this space. We saw the writing on the wall after other jurisdictions moved towards mandatory vaccinations.

In preparing for this day, the AFPA has sought independent legal advice and engaged the Police Federation of Australia to assist us in collecting information from other police associations and unions.

What assistance will the AFPA provide to me?2021-10-29T09:18:24+11:00

As raised above, the AFPA will assist members with seeking exemptions, as well as providing advice regarding the AFP’s vaccination mandate.

 

If a member does not receive an exemption and does not receive a vaccination, the Legal & Industrial team will provide the usual support that we would for any other member subject of administrative or disciplinary action.

What is happening with other police jurisdictions around the country on this issue?2021-10-29T09:17:23+11:00

Nearly all State and Territory police forces have now moved to mandate COVID-19 vaccinations.

 

In addition, vaccination mandates have been in place for several different industries for some time, most notably those working within health care and aged caring. There is also a growing trend of a range of different industries and occupations moving towards mandating COVID-19 vaccinations. This change in community expectations is likely to give further weight to such mandates being lawful and reasonable, particularly for those within law enforcement.

Where do I find more information about the AFP’s vaccination mandate?2021-10-29T09:19:07+11:00

The AFP has published a number of explanatory documents on the AFP Hub regarding the vaccine mandate.

Will the AFPA support me if I challenge the legality of a mandated vaccination?2021-10-20T09:24:15+11:00

Each instance will be reviewed on a case-by-case basis.  Several matters have gone to court in other jurisdictions challenging mandatory vaccinations, and to the best of our knowledge, all challenges have been in favour of the employer.

If you believe that you have been discriminated against or disadvantaged in the workplace, please consider notifying us of your concerns, and we’ll assess the situation and offer you advice.

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