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The LIV seeks clarification regarding powers to mandate vaccinations for health workers

The LIV seeks clarification regarding powers to mandate vaccinations for health workers

By LIV Health Law Committee

Dismissal Health Human Rights Powers Workplace 


In a letter to the Victorian Secretary of the Department of Health, the LIV seeks clarification regarding the powers to issue directives which mandate the vaccination of Victorian healthcare workers.

The Health Services Act 1988 (Vic) was amended in 2020 to provide the Secretary of the Department of Health with these powers. 

To date no directive of such kind has been issued in Victoria, creating a lingering ambiguity as to whether the Secretary intends to enforce a mandatory vaccination policy and which healthcare workers this would apply to.

The letter also notes that recent Fair Work proceedings demonstrate uncertainty as to whether employers can compel employees to be vaccinated as a condition of employment. 

Therefore, the LIV calls on the Secretary to provide clarity regarding the intended use of the new provisions.

To view the LIV submission on the vaccination of Victorian healthcare workers, please click here


Matthew Fanning
Paralegal - LIV Health Law Section or (03) 9607 9379

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