Changes to Victoria’s mandatory vaccination exemption requirements

19 November 2021

Under the new COVID-19 Mandatory Vaccination (Workers) Directions (Directions) issued on 18 November, workers are now required to provide a current COVID-19 digital certificate as ‘acceptable certification’ to prove an exemption from the mandatory vaccination requirements (Vaccination Requirements).

The COVID-19 digital certificate is a certificate issued by Services Australia that states the person is unable to receive a dose, or a further dose, of any COVID-19 vaccine available in Australia. Employers must sight this certificate either through the Medicare App, Services Victoria App or an equivalent smartphone wallet, or a printed version of the same.

This is an update from the previous directions, which required employees to provide an Immunisation Medical Exemption Form (IM011 Form) to prove exemption from the Vaccination Requirements (as we outlined in our previous article here).

As a result of the above changes, we recommend that employers:

  • notify any workers who have previously submitted an IM011 Form that they must provide a current COVID-19 digital certificate to support their exemption from the Vaccination Requirements;
  • sight and keep a record of workers who have a COVID-19 digital certificate and the expiry date; and
  • ensure that workers do not attend site (or work outside their place of residence) if they do not meet the Vaccination Requirements or produce a current COVID-19 digital certificate as required.

If you have any further questions about the above, please contact our Workplace Relations team.

1. See updated Mandatory Vaccination Directions: Mandatory Vaccination (Workers) Directions (No 8); Mandatory Vaccination (Specified Facilities) Directions (No 13) and Mandatory Vaccination (General Worker) Directions (No 3).
Note that the same new requirements to businesses who are required to ensure visitors are vaccinated before allowing entry under the Open Premises Directions (No 5).

Disclaimer: This publication contains comments of a general nature only and is provided as an information service. It is not intended to be relied upon as, nor is it a substitute for specific professional advice. No responsibility can be accepted by Rigby Cooke Lawyers or the authors for loss occasioned to any person doing anything as a result of any material in this publication.

Liability limited by a scheme approved under Professional Standards Legislation.

©2021 Rigby Cooke Lawyers