Vaccination rules are playing a central role in Australia’s roadmap out of COVID-19, with businesses and individuals adapting to changing lockdowns, freedoms, and workplace requirements.

Lockdowns, Vaccinations, and the Path Forward

Australia’s two biggest states, New South Wales and Victoria, along with the ACT, were in lockdown due to the Delta strain of COVID-19. Other parts of Australia were aiming to completely eliminate the virus. This created a divided country with different border rules and policies.

It wasn’t just people in lockdown who were struggling. Businesses like tourism and hospitality, which depend on travel between states, were also hurting — and many couldn’t access financial help unless they were located in a designated hotspot.

By the end of 2021, Australia expected to fully vaccinate around 20.6 million adults. Under the National Cabinet’s four-stage plan, when 70% of the eligible population is fully vaccinated, lockdowns should become less common and vaccinated people would have more freedoms. At 80% full vaccination, most restrictions would end, and international travel would gradually reopen — with some quarantine rules still in place.

However, not all parts of Australia are following the same strategy. New South Wales and Victoria have shifted their focus to vaccinating as many people as possible to prevent hospital overloads. Queensland and Western Australia are taking a tougher stance, even suggesting that children under 12 should be included in vaccination targets before fully reopening.

Freedoms for Fully Vaccinated People and What it Means for Businesses

Many businesses are concerned about having to check if staff and customers are vaccinated.

Checking Customers’ Vaccination Status

The premiers of NSW and Victoria have said that people who are fully vaccinated will enjoy more freedoms. New technology, like updated QR codes, will let businesses quickly check vaccination status — giving a simple tick or cross without showing private medical details.

Is it discriminatory? According to the Australian Human Rights Commission, vaccine passports are acceptable if they help remove restrictions and protect public health, but they must be reasonable and avoid unfair discrimination.

Businesses are already starting to make their own rules. For example, Qantas will require passengers to be vaccinated for international flights. Some sports venues will also only allow fully vaccinated people to attend events.

Currently, businesses can refuse entry based on vaccination status, but only if it is reasonable and doesn’t breach anti-discrimination laws. Without a public health order, it’s a tricky area that needs careful handling.

Vaccination Rules for Staff

Vaccination rules for businesses in Australia are voluntary for most workers, but in certain sectors like aged care and hotel quarantine, it’s mandatory under public health orders.

Outside of these sectors, employers can require vaccination if it’s “lawful and reasonable” — for example, if an employee works with vulnerable people. Qantas has announced all frontline staff must be vaccinated by November 2021 and all other staff by March 2022.

If a workplace isn’t covered by a mandate, employers can ask about vaccination status only if it’s necessary for business operations or required by law.

Employees can’t generally refuse to attend work because a co-worker isn’t vaccinated. However, if the employee is particularly vulnerable to COVID-19, forcing them to attend could be considered discrimination. Legal advice should be sought in tricky cases.

Did Your Super Fund Get a Compensation Payment?

If your super fund received a compensation payment from a financial provider (for things like wrongly charged fees), it could affect your super contribution caps and taxes.

Here’s how the ATO says compensation is treated:

• If your super fund hired the provider, and the money goes to the fund, it’s not counted as a contribution.

• If you hired the provider, and the money goes into your super without your choice, it’s a concessional (taxable) contribution.

• If you hired the provider and chose to put the money into your super, it’s a non-concessional (after-tax) contribution.

If you go over your contribution limits because of a compensation payment you didn’t control, you can apply to the ATO to have it disregarded or moved to a different year to avoid extra tax.

Your pdf copy: Sep 2021 Newsletter