Could I be disciplined for not receiving a vaccine?
A public health state of emergency has been declared under the Public Health Act 2016 (WA) in respect to COVID-19. The Chief Health Officer is authorised as an emergency officer to exercise emergency powers while this declaration is in force. The Directions requiring workers in high-risk industries to be vaccinated have been made using these powers and have the force of law.
If one or more sets of Directions apply to you, your public sector employer is able to issue a “lawful direction” requiring you to disclose your vaccination status and to be vaccinated.
If you do not provide your vaccination status and/ or do not agree to be vaccinated, you may be deemed to have disobeyed a lawful order, which can form the basis for the commencement of a disciplinary process or a serious misconduct allegation.
A range of disciplinary action, up to and potentially including termination of employment, may apply.