LEGAL UPDATE – Public Health Directions extended in Queensland

IN BRIEF By way of updates, we attached the Public Health (Further Extension of Declared Public Health Emergency—COVID-19) Regulation (No. 2) 2022.

Summary

On 17 June 2022, Queensland’s declared public health emergency for COVID-19 was extended to 11.59 pm on Thursday 22 September 2022.

Consequently, Public Health Directions (PHD) with an end date of 24 June 2022 have been automatically extended until 11.59 pm on Thursday 22 September 2022. Directions will be progressively updated to reference the new date of 22 September 2022.

What does this mean for you?

If you are an employer or workplace subject to the PHD, it is now time to consider:

  • Where you have employees who are not vaccinated, and subject to a contraindication, whether the contraindication certificate is still current. If it is not current, you should ask them for an update on their vaccination status. If they continue to work where the contraindication certificate has expired, your workplace will be in breach of the PHD.
  • Where you have employees who are not vaccinated, and are not subject to a contraindication, but have taken extended leave or are working from home, you should consider whether the current arrangement can continue until September 22, 2022.
  • If an employee is not vaccinated, and is not subject to a contraindication, you may need to consider whether their employment can continue. It is important in such cases that procedurally fair processes are implemented to ensure compliance with the Fair Work Act 2009.

This is a commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content is also subject to change. A person listed may not be admitted as a lawyer in all States and Territories. © Colin Biggers & Paisley, Australia 2021.

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