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Vaccination requirements for Queensland educational workers

While the Queensland government hasn’t been all that helpful in explaining what professional service firms need to do (probably because it is more important to get the high risk settings right, first) it has issued a public health direction for those in high risk settings – the very appropriately named “COVID-19 Vaccination Requirements for Workers in a high-risk setting Direction”. This sets a new benchmark for simplicity in naming, the low point being the “Vicious Lawless Association Disestablishment Act” of 2013. In any event, the direction is easy to read and it is linked below. It applies to defined “high risk” settings in the schedule (including educational), and appears similar to the direction for workers in health care settings. Worth a read, then it can be quoted in social media posts with devastating effect. https://www.health.qld.gov.au/system-governance/legislation/cho-public-health-directions-under-expanded-public-health-act-powers/workers-in-a-high-risk-setting-direction SCHEDULE 2 – HIGH-RISK SETTINGS High-risk settings   Early childhood, primary and secondary educational settings including:schools and outdoor education facilitiesother education facilities, including TAFE, that are co-located with a schooloutside school hours care and vacation carekindergartens, registered and licensed early childhood settings and family daycare providers A corrective services facility listed in Schedule 4 of the Corrective Services Act 2006, specifically:a prisona community corrections centrea work campa temporary corrective services facility declared under section 268(2). Police watch houses The youth detention centres listed in Schedule 1 of the Youth Justice Regulation 2016:Brisbane Youth Detention Centre (99 Wolston Park Road, Wacol); andCleveland Youth Detention Centre (27-79 Old Common Road, Belgian Gardens, Townsville); andWest Moreton Youth Detention Centre (99 Wolston Park Road, Wacol). The following areas of an airport that receives interstate or overseas flights:all indoor areas of an international or interstate terminal; andoutdoor passenger areas such as passenger transport areas including terminal car parks and taxi ranks; andbusinesses that are within the airport precinct such as car rental businesses, cafes and hotels.For example: At Brisbane airport, Skygate is not within the airport precinct.

Vaccination status of customers

OK, well the Queensland Government has been quite helpful in setting out what rules apply for Restricted Businesses https://www.health.qld.gov.au/system-governance/legislation/cho-public-health-directions-under-expanded-public-health-act-powers/business-activity-undertaking-direction#schedule1 Unfortunately what is or isn’t a Restricted Business is not so obvious (see the schedule in the directions above) and there is very little guidance for Non-restricted Businesses (essentially everything else). There does not appear to be any direction for operators of non-restricted businesses – eg professional offices – allowing them to require proof of vaccination of customers. That said, those operators have duties of care to employees and patrons. There is a tension between those obligations and the entitlement of customers and clients to privacy, also risks in the way in which a face mask mandate is imposed https://www.qhrc.qld.gov.au/your-rights/covid-19-and-human-rights/face-mask-guide-for-business What would be useful would be for a Public Health direction setting out a list of what an Essential Business can and cannot do, in one place, rather than running the risk of falling into a trap while having the best of intentions. One can only hope.

Unfair contract terms – automatic renewal clauses

Automatic renewal clauses in agreements have always risked being deemed unfair in particular when linked to early termination clauses. Recent ACCC media releases would suggest the focus is continuing. https://www.accc.gov.au/media-release/audio-company-please-hold-removes-alleged-unfair-contract-terms-for-small-business-customers https://www.accc.gov.au/media-release/suppliers-of-cami-and-itutor-home-tutoring-software-admit-to-using-unfair-contract-terms

Ouch!

The plaintiff does not seem to be having a particularly happy experience with this litigation, makes for an enjoyable (and brief) read. https://www.sclqld.org.au/caselaw/QSC/2021/293