15 October 2021

Coronavirus (COVID-19) Vaccines: New requirements relating to vaccination of disability workers in NSW and disability day programs update

The NSW Government has announced new COVID-19 vaccination requirements for certain workers in NSW, including disability workers and workers in residential aged care. There are also requirements for providers. The NSW Government has also issued updated guidance regarding disability day programs.

Key points

• New requirements are in place for COVID-19 vaccination of disability workers in NSW.
• A disability worker must not provide services between 25 October 2021 and 29 November 2021 unless they have received at least one dose of the COVID vaccine; and at least two doses on and after 29 November 2021.  
• Residential aged care providers who are also registered NDIS providers have obligations that commence from 17 October 2021.
• There are exemption provisions for a medical contraindication and requirements for workers regarding evidence of vaccination.
• Ensure that you and your workers understand what these mandatory requirements are, and how they affect the supports and services you deliver.
• Review your business continuity and contingency plans, to ensure that continuity of critical supports can be maintained while complying with the new vaccination requirements.
• Disability day programs can recommence in NSW, in line with Public Health Orders.

COVID-19 vaccination requirements

The NSW Government has announced mandatory vaccination requirements for all disability workers.

The new requirements are in the Public Health (COVID-19 Care Services) Order 2021 (PDF 221KB) under the Public Health Act 2010. The requirements were announced on 14 October 2021.

Under the requirements, unless an exemption in the orders applies, a disability worker must not provide services in person to a person with disability unless they have received:

• one dose of a COVID-19 vaccine after 9am on 25 October 2021 and before 9am on 29 November 2021
• two doses of a COVID-19 vaccine after 9am on 29 November 2021.

There are also:

• exemption provisions for a medical contraindication
• requirements for providers to take all reasonable steps to ensure that the disability worker complies with the requirements
• requirements for workers to provide evidence of vaccination, if required by the provider.

The orders replace those orders that were in place for mandatory vaccination of disability workers in LGAs of concern.

The orders also include requirements for aged care workers. Residential aged care providers who are also registered NDIS providers have obligations under the orders that commence from 9am on 17 October 2021. 

We strongly encourage you to read the full details as they are updated on the NSW Government website:

• Public Health Orders and restrictions
• Advice to residential disability care facilities

• Disability service providers.

Consistent with obligations of registered providers under the NDIS Code of Conduct and the NDIS Practice Standards to provide supports and services in a manner and environment that is safe for participants, providers should ensure that they and their disability workers comply with these requirements.

Supporting workers to access the COVID-19 vaccine

Please ensure that you and your workers understand what these new requirements are, and how they affect the supports and services you deliver. Encourage your workers to arrange a vaccination.

Registered NDIS Provider obligations

Compliance with state laws is a condition of registration

Registered NDIS providers are required to comply with these NSW Government public health orders as a condition of registration.

Business continuity and outbreak management planning

All registered NDIS providers are reminded of their obligations regarding continuity of critical supports, and to review business continuity and contingency plans for emergencies and disasters.

You are encouraged to engage with workers on their vaccination status and their plans for vaccination. These discussions should inform your business continuity and contingency plans, and outbreak management plans.

Refer to our provider alert of 6 August 2021.

Notification of changes or events

Registered NDIS providers must notify the NDIS Commission of any change or event that significantly affects your ability to comply with any of your conditions of registration, including compliance with the NDIS Practice Standards. If the changes or events result from the COVID-19 outbreak you must use the COVID-19 notification of events form to report these changes.

The requirements to notify the NDIS Commission of reportable incidents under the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 are separate from the COVID-19 notification of changes or events and remain unchanged.  

Disability day programs update

Our 15 September 2021 provider alert provided advice from the NSW Government that from 11 September 2021, temporarily suspended disability day programs may recommence in areas no longer under stay at home orders in accordance with the Public Health Order.

This advice has been updated.

Day programs could recommence from Monday 11 October 2021, in line with Public Health Orders. All those attending a day program, including staff, should be fully vaccinated. Staff and participants should not attend a day program if they have any COVID-like symptoms.

Some activities may not be possible for unvaccinated staff and clients attending day programs. This advice is in line with the Reopening NSW roadmap which only permits vaccinated people to participate in the easing of restrictions. 

More information is available on the NSW Health website.

Providers should monitor the NSW Health website for any future updates and changes in relation to day program restrictions in New South Wales.

NDIS Commission COVID-19 vaccine information and resources

The COVID-19 vaccine information webpage on our website contains links to updates about COVID-19 vaccines and resources for NDIS providers.

We also have a COVID-19 vaccine webpage containing information for people with disability.

IMPORTANT CALL TO ACTION FOR ALL PROVIDERS

As vaccination rates increase across Australia and governments continue to make plans to ease community restrictions - it is vital that people with disability are supported, in whatever way they require, to access vaccinations.

 You have an important role to play!

There are a number of actions you can take today:

• Talk about vaccination to the people with disability that you support
• Offer assistance, where needed, to access information about vaccination from reliable and trusted sources, such as the person’s GP
• Provide active support to make an appointment and to attend vaccination appointments.

Please refer to the letter sent to CEOs by the Acting Commissioner on 21 September 2021. 

Further information is available on the Department of Health website, including Easy Read and Auslan resources.

Vaccinations can be booked by visiting the Vaccine Clinic Finder or by contacting the National Coronavirus and COVID-19 Vaccination Helpline on 1800 020 080. The Disability Gateway is now also assisting people with disability that might need help to book a COVID-19 vaccine.