11 November 2021

Coronavirus (COVID-19) Vaccines: New requirements relating to vaccination of disability workers in Queensland and updated guidance for disability accommodation providers

The Queensland Government has announced new requirements for employers in relation to the COVID-19 vaccination of certain workers in Queensland, including disability workers. There are also requirements for workers. The Queensland Government has also issued public health directions that affect some disability accommodation providers in Queensland.

Key points: COVID-19 vaccination

• New requirements are in place for vaccination of disability workers in Queensland.
• From 15 December 2021, disability workers are not be able to provide disability support services unless they have either had all required doses of a COVID-19 vaccine or depending on the date of vaccination, received two doses and a booster vaccination.
• Some exemptions apply.
• Providers must maintain records relating to a worker’s vaccination status for all workers that are required to be vaccinated.
• 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.
• National Disability Services is hosting two provider information sessions on mandatory vaccination for the Queensland disability sector this week.
• The Queensland Government has announced in-home vaccination options for people with disability.

Key points: Updated guidance for disability accommodation providers

• Visiting restrictions are now in place for shared disability accommodation services and aged care facilities in the Goondiwindi local government area.
• There are also requirements for disability accommodation services located in impacted local government areas in South East Queensland.

COVID-19 vaccination requirements

The Queensland Government has announced mandatory vaccination requirements for disability workers.

The new requirements are in the Workers in Health Care Setting (COVID-19 Vaccination Requirements) Direction under the Public Health Act 2005. The requirements took effect on 10 November 2021.

Under the requirements, from 15 December 2021, disability workers will not be able to provide disability support services unless they have either had all required doses of a COVID-19 vaccine, or depending on the date of vaccination, received two doses and a booster vaccination.

Some exemptions apply.

Workers required to be vaccinated will need to provide evidence of their vaccination status to the 'responsible person' upon request.

Disability support services are defined as meaning the following:

• assistance with daily life tasks in a group or shared living environment
• group and centre based activities that assist people with disability to access community, social and recreational activities in groups involving skilled and experienced support staff
• specialist supported employment which assists people with disability who have high support needs to maintain work in a social enterprise for example, sometimes referred to as Australian Disability Enterprises (ADEs)
• assistance with daily personal activities - assistance with, or supervision of, personal tasks of daily life to develop skills of the participant to live as autonomously as possible
• community nursing care to respond to the disability related health needs of a participant where that care is not the usual responsibility of the health system
• therapeutic supports to facilitate functional improvement aimed at adjustment, adaption, and building capacity for community participation
• other non-intensive supports including cooks and cleaners.

All but the last point above are classes of support under the NDIS (Provider Registration and Practice Standards) Rules 2018.

A responsible person is defined as including NDIS providers of the above supports and services. 

Under the Direction, the person who employs or otherwise engages a disability worker must take all reasonable steps ensure that the worker does not enter, work in, or provide services where disability support services (as defined by the Direction) are provided if the Direction prohibits the worker from doing so. There are also requirements for record keeping of workers’ vaccination status and sighting evidence of their vaccination.  

We strongly encourage you to read the full details on the Queensland Government website.

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 Queensland Government public health directions 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.  

Vaccination information sessions

National Disability Services is hosting two provider information sessions on mandatory vaccination this week.

• Thursday 11 November 2021 at 2.30pm: Providers Open Forum - Mandatory Vaccination: The session will be to allow providers to discuss mandatory vaccination for the disability sector in Queensland and raise concerns or questions they are seeking to clarify. Register here.
• Friday 12 November 2021 at 10.00am: Queensland Health Q&A - Mandatory Vaccination in disability workforces: This National Disability Services Webinar will host speakers from Queensland Health clarify live questions from providers. Register here.

In-home vaccination options for people with disability

The Queensland Government has announced vaccination pathways for people with disabilities who have not had the COVID-19 vaccine and need help to get vaccinated at home. More information is available in the 8 November 2021 Disability provider alert from the Department of Health.

Directions and updated guidance for disability accommodation services

There are visitor restrictions and PPE requirements in place for disability accommodation services in the Goondiwindi local government area. These directions restrict visitors from entering these services and requires the use of face masks for those permitted access to these services (excluding residents). More information on the use of PPE in residential care and disability accommodation services can be found in this pandemic response guidance (PDF 369KB). 

There are additional requirements for disability accommodation services located in impacted local government areas in South East Queensland. Under these additional restrictions, disability accommodation services may have increased rules in place to manage allowed visitors and there are COVID-19 vaccination requirements in place for the entry of students into a disability accommodation service for placement connected to their course of study.

We encourage you to read the details on the Queensland Government website.
 
As these restrictions will impact your visitor management policy if you provide services in the relevant areas, you should clearly communicate this temporary change with the NDIS participants you support and their support networks using their preferred form of communication. You should explore alternative ways for people with disability to connect with their support network, such as phone or video calls.

All NDIS providers should monitor local information on the Queensland Government website, on a regular basis, for changes to local restrictions.

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
• the statement by the Acting Commissioner about the right of people with disability to make their own decision about COVID-19 vaccination, and the role of NDIS providers and workers in supporting participants. This was sent to registered providers on 5 November 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.