13 OctCOVID-19 isolation rules removed in Victoria
The Victorian Government has announced the end of the Pandemic Declaration and associated Pandemic Orders as of 11.59 pm Wednesday 12 October 2022.
The following information is based on the 11 October update from the Department of Education and Training (DET).
Early childhood education and care services remain responsible for the health, safety, and well-being of all children in their services. Services should continue to apply their COVIDSafe practices and policies and take reasonable steps to prevent the spread of COVID-19 within their service.
It is strongly recommended that staff:
- who test positive for COVID-19 stay home and isolate for five days
- should not attend after five days if still symptomatic
- who are symptomatic but have not tested positive should not attend the service; and
- advise their service of the positive test.
Can I direct my employees with COVID-19 to not attend work?
Under the Victorian Occupational Health and Safety Act 2004 (OHS Act), employers have an obligation to take reasonably practicable steps to ensure the health and safety of their workers and others attending the workplace.
In meeting these obligations, an Approved Provider may conduct a safety risk assessment and conclude that not allowing COVID-19-positive employees (or at least those symptomatic) to attend the workplace is a ‘reasonably practicable measure’ to reduce the risk of virus transmission to others at your service.
In conducting your safety risk assessment, you will need to consider the nature of the workplace, the employee’s role (including whether they are required to have close contact with others) and external factors such as the degree of community transmission and public health advice. Employers must also comply with applicable consultation obligations under the OHS Act, and the VECTEA or applicable award.
Directing an unwell staff member to take personal/carer’s leave
If you decide to direct a full-time or part-time employee not to attend work when they have COVID-19, they will take their personal/carer’s leave. If your employee is well themselves (i.e., a close contact) and has been directed to isolate, then you are required to pay that employee if they are otherwise considered ‘fit for work.’
Employers should also remind employees they have a duty under the OHS Act to take reasonable care for the health and safety of others who may be affected by their actions, including not attending the workplace if they have COVID-19 symptoms.
What if employees request to stay home?
The employee may seek to self-isolate during the period they have COVID-19. In this case, they may request to work from home or agree with you to take leave (including personal leave if they are unfit for work). The regular leave application process will apply in this case.
What if an employee is required to provide care or support to an unwell family member?
Part-time and full-time employees are entitled to take paid carer’s leave to provide care or support to an unwell family member under the VECTEA, their relevant award or the National Employment Standards under the Fair Work Act 2009 (Cth).
Carer’s leave can be taken to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of:
- a personal illness, or personal injury, affecting the member; or
- an unexpected emergency affecting the member.
Casual employees are entitled to two days of unpaid carer’s leave for each permissible occasion for the reasons above.
Can I continue to have our mandatory COVID-19 vaccination policy?
Yes. However, it is strongly recommended that Committees and employers consider reviewing their original risk assessment to determine if the policy is still ‘reasonable’ in light of the updated Victorian Government advice.
Reporting requirements
As per recent DET advice, if COVID-19 is identified, the service should continue to notify parents or an authorised emergency contact of children at the service as soon as practicable. Services should now notify the department through the National Quality Agenda IT System (NQAITS) only if there is an outbreak of COVID-19 in the service (5 or more cases within a 7-day period) or if the service is to be closed.
Additional COVID-19 measures
The Department of Health recommends that masks should be worn by a person who is a close contact with someone who has tested positive for COVID-19 when leaving home. Additionally, the Department of Health recommends that masks should be worn by a person who has COVID-19, for at least 7 days after a positive test, when they need to leave home.
Further information:
- Premier of Victoria (Press Release). 7 October 2022 CLICK HERE
- Fair Work Ombudsman. 30 September 2022 CLICK HERE
