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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
COVID-19 Vaccination Status
(Prevention of Discrimination) Bill 2022
No. , 2022
(Senator Hanson)
A Bill for an Act to prevent discrimination in
relation to COVID-19 vaccination status, and for
related purposes
No. , 2022
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Definitions ......................................................................................... 2
4
Meaning of
discriminates
.................................................................. 5
5
Binding the Crown ............................................................................ 6
6
Extension to external Territories ....................................................... 6
Part 2--Prohibition on discrimination on basis of vaccination
7
7
Commonwealth must not discriminate on basis of COVID-19
vaccination ........................................................................................ 7
8
States must not discriminate on basis of COVID-19 vaccination ...... 7
9
Territories must not discriminate on basis of COVID-19 vaccination
........................................................................................................... 8
10
Other entities ..................................................................................... 8
11
Vaccination of children under 18....................................................... 9
12
This Part overrides other laws ......................................................... 10
Part 3--Miscellaneous
11
13
Constitutional basis of this Act ........................................................ 11
14
Additional operation of sections 8 and 10 ....................................... 11
15
Review of operation of the Act ........................................................ 12
No. , 2022
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
1
A Bill for an Act to prevent discrimination in
1
relation to COVID-19 vaccination status, and for
2
related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the
COVID-19 Vaccination Status (Prevention of
8
Discrimination) Act 2022
.
9
Part 1
Preliminary
Section 2
2
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
No. , 2022
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Definitions
13
In this Act:
14
authority
:
15
(a) of the Commonwealth--includes a Commonwealth entity
16
(within the meaning of the
Public Governance, Performance
17
and Accountability Act 2013
); and
18
(b) of a State or Territory--includes a local council.
19
business
includes a not-for-profit business.
20
COVID-19
means the coronavirus commonly known as
21
COVID-19 (including any subsequent variants of that coronavirus).
22
COVID-19 vaccination
means a vaccine approved by the
23
Therapeutic Goods Administration for the purpose of immunising
24
persons against COVID-19 infection.
25
Preliminary
Part 1
Section 3
No. , 2022
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
3
current COVID-19 vaccination exemption
: a person has a
current
1
COVID-19 vaccination exemption
if:
2
(a) a medical practitioner has certified that, in their professional
3
opinion, the person has a medical contraindication to
4
COVID-19 vaccinations; and
5
(b) if the certification is for a specified period--that period has
6
not ended.
7
Note:
A medical contraindication will include mental health issues related to
8
the provision of a COVID-19 vaccination.
9
discriminates
: see section 4.
10
employment
includes:
11
(a) part-time and temporary employment; and
12
(b) work under a contract for services.
13
frontline health or care work
means:
14
(a) practising a health profession (within the meaning of the
15
National Law), in close proximity to persons who are likely
16
to be particularly vulnerable to the health effects of a
17
COVID-19 infection; or
18
(b) providing care or treatment to patients of a hospital, in close
19
proximity to those patients; or
20
(c) providing care to persons who are aged care consumers
21
(within the meaning of the
Aged Care Quality and Safety
22
Commission Act 2018
), in close proximity to those persons;
23
or
24
(d) providing care to persons with disabilities, in close proximity
25
to those persons.
26
medical practitioner
means a person who is registered under the
27
National Law in the medical profession.
28
National Law
means:
29
(a) for a State or Territory (other than Western Australia)--the
30
Health Practitioner Regulation National Law set out in the
31
Schedule to the
Health Practitioner Regulation National Law
32
Part 1
Preliminary
Section 3
4
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
No. , 2022
Act 2009
(Qld), as it applies (with or without modification)
1
as a law of the State or Territory; or
2
(b) for Western Australia--the
Health Practitioner Regulation
3
National Law (WA) Act 2010
(WA), so far as that Act
4
corresponds to the Health Practitioner Regulation National
5
Law set out in the Schedule to the
Health Practitioner
6
Regulation National Law Act 2009
(Qld).
7
premises
includes:
8
(a) stadiums and other sporting facilities; and
9
(b) theatres, concert halls and other performance venues; and
10
(c) places of business.
11
provision of goods or services
includes:
12
(a) the provision of accommodation, including:
13
(i) residential accommodation (but not including the
14
provision of residential accommodation in premises if
15
the person who provides or proposes to provide the
16
accommodation or a near relative of that person resides,
17
and intends to continue to reside, on those premises);
18
and
19
(ii) business accommodation; and
20
(b) the provision of education at a school, university or other
21
institution; and
22
(c) the provision of goods or services whether for reward or
23
otherwise.
24
services
includes the following:
25
(a) services relating to banking, insurance and the provision of
26
grants, loans, credit or finance;
27
(b) services relating to entertainment, recreation or refreshment;
28
(c) services relating to transport or travel;
29
(d) services of the kind provided by the members of any
30
profession or trade;
31
(e) services of the kind provided by a government, a government
32
authority or a local government body.
33
Preliminary
Part 1
Section 4
No. , 2022
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
5
voluntary body
means:
1
(a) an association or other body (whether incorporated or
2
unincorporated) the activities of which are not engaged in for
3
the purpose of making a profit; or
4
(b) without limiting paragraph (a)--a volunteer firefighting
5
service, volunteer emergency service or similar organisation.
6
4 Meaning of discriminates
7
Discrimination by requiring proof of COVID-19 vaccination
8
(1) Without limiting when a person
discriminates
against another
9
person on the basis of whether the other person has received a
10
COVID-19 vaccination, the first person
discriminates
against the
11
other person on that basis if the first person:
12
(a) requests or requires the other person to produce proof of
13
having received a COVID-19 vaccination; or
14
(b) discriminates against the other person on the basis of whether
15
the other person has proof of having received a COVID-19
16
vaccination.
17
Discrimination by unfavourable treatment
18
(2) Without limiting when a person
discriminates
against another
19
person on the basis of whether the other person has received a
20
COVID-19 vaccination, a person (the
first person
)
discriminates
21
against another person (the
second person
) if the first person treats
22
the second person less favourably than, in circumstances that are
23
the same or are not materially different, the first person treats or
24
would treat a person who has received a COVID-19 vaccination.
25
Discrimination on multiple bases
26
(3) A reference in this Act to discriminating against a person on the
27
basis of whether the person has received a COVID-19 vaccination
28
includes a reference to discriminating against the person on 2 or
29
more bases that include that basis, whether or not that basis is the
30
dominant or substantial reason for the doing of the act.
31
Part 1
Preliminary
Section 5
6
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
No. , 2022
5 Binding the Crown
1
This Act binds the Crown in each of its capacities.
2
6 Extension to external Territories
3
This Act extends to every external Territory.
4
Prohibition on discrimination on basis of vaccination
Part 2
Section 7
No. , 2022
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
7
Part 2--Prohibition on discrimination on basis of
1
vaccination
2
3
7 Commonwealth must not discriminate on basis of COVID-19
4
vaccination
5
(1) The Commonwealth must not discriminate against a person on the
6
basis of whether the person has received a COVID-19 vaccination.
7
Note:
Discrimination by the Commonwealth will include discrimination in
8
relation to application of, or funding provided under, any
9
Commonwealth program.
10
(2) Subsection (1) does not apply to discrimination against an officer
11
or employee (including a prospective officer or employee) of the
12
Commonwealth if:
13
(a) the duties of the officer or employee involve frontline health
14
or care work; and
15
(b) the officer or employee has not produced to the
16
Commonwealth, in relation to the office or employment,
17
proof that the officer or employee has a current COVID-19
18
vaccination exemption.
19
Commonwealth authorities
20
(3) A reference in this section to the Commonwealth includes a
21
reference to an authority of the Commonwealth.
22
8 States must not discriminate on basis of COVID-19 vaccination
23
(1) A State must not discriminate against a person on the basis of
24
whether the person has received a COVID-19 vaccination.
25
(2) Subsection (1) does not apply to discrimination against an officer
26
or employee (including a prospective officer or employee) of the
27
State concerned.
28
Part 2
Prohibition on discrimination on basis of vaccination
Section 9
8
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
No. , 2022
State authorities
1
(3) A reference in this section to a State includes a reference to an
2
authority of a State.
3
9 Territories must not discriminate on basis of COVID-19
4
vaccination
5
(1) A Territory must not discriminate against a person on the basis of
6
whether the person has received a COVID-19 vaccination.
7
(2) Subsection (1) does not apply to discrimination against an officer
8
or employee (including a prospective officer or employee) of the
9
Territory if:
10
(a) the duties of the officer or employee involve frontline health
11
or care work; and
12
(b) the officer or employee has not produced to the Territory, in
13
relation to the office or employment, proof that the officer or
14
employee has a current COVID-19 vaccination exemption.
15
Territory authorities
16
(3) A reference in this section to a Territory includes a reference to an
17
authority of a Territory.
18
10 Other entities
19
Employment
20
(1) A person (the
first person
) must not discriminate against another
21
person (the
second person
), in relation to the first person
22
employing the second person, on the basis of whether the second
23
person has received a COVID-19 vaccination.
24
Penalty: 100 penalty units.
25
(2) Subsection (1) does not apply if:
26
(a) the particular employment involves frontline health or care
27
work; and
28
Prohibition on discrimination on basis of vaccination
Part 2
Section 11
No. , 2022
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
9
(b) the second person has not produced to the first person proof
1
that the second person has a current COVID-19 vaccination
2
exemption.
3
Note:
A defendant bears an evidential burden in relation to the matter in
4
subsection (2). See subsection 13.3(3) of the
Criminal Code
.
5
Businesses
6
(3) A business must not discriminate against a person, in relation to
7
any of the following, on the basis of whether the person has
8
received a COVID-19 vaccination:
9
(a) providing goods or services to the person;
10
(b) giving the person access to business premises.
11
Penalty: 1,000 penalty units.
12
Voluntary bodies
13
(4) A voluntary body must not discriminate against a person, in
14
relation to any of the following, on the basis of whether the other
15
person has received a COVID-19 vaccination:
16
(a) the person's membership of the voluntary body;
17
(b) permitting the person to participate in the activities of the
18
voluntary body;
19
(c) providing goods or services to the person;
20
(d) giving the person access to premises of the voluntary body.
21
Penalty: 100 penalty units.
22
11 Vaccination of children under 18
23
(1) This section applies where a COVID-19 vaccination is to be
24
administered to a child who is under 18.
25
(2) A COVID-19 vaccination must not be administered to a child
26
without the consent of:
27
(a) a parent of the child; or
28
(b) a guardian of the child; or
29
Part 2
Prohibition on discrimination on basis of vaccination
Section 12
10
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
No. , 2022
(c) a person who, under a parenting order, has responsibility for
1
the child's long-term or day-to-day care, welfare and
2
development.
3
Penalty: 1,000 penalty units.
4
12 This Part overrides other laws
5
This Part has effect despite any other law of the Commonwealth, a
6
State or a Territory (whether passed or made before or after the
7
commencement of this section) that requires or permits
8
discrimination on the basis of whether a person has received a
9
COVID-19 vaccination.
10
Miscellaneous
Part 3
Section 13
No. , 2022
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
11
Part 3--Miscellaneous
1
2
13 Constitutional basis of this Act
3
(1) This Act gives effect to Australia's international obligations,
4
particularly under:
5
(a) the International Covenant on Economic, Social and Cultural
6
Rights, particularly article 12; and
7
(b) the International Covenant on Civil and Political Rights,
8
particularly articles 7, 17 and 26.
9
(2) In this Act:
10
International Covenant on Civil and Political Rights
means the
11
International Covenant on Civil and Political Rights, done at New
12
York on 16 December 1966, as in force for Australia from time to
13
time.
14
Note:
The Covenant is in Australian Treaty Series 1980 No. 23 ([1980] ATS
15
23) and could in 2022 be viewed in the Australian Treaties Library on
16
the AustLII website (http://www.austlii.edu.au).
17
International Covenant on Economic, Social and Cultural Rights
18
means the International Covenant on Economic, Social and
19
Cultural Rights done at New York on 16 December 1966, as in
20
force for Australia from time to time.
21
Note:
The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS
22
5) and could in 2022 be viewed in the Australian Treaties Library on
23
the AustLII website (http://www.austlii.edu.au).
24
14 Additional operation of sections 8 and 10
25
(1) In addition to section 12, sections 8 and 10 also have effect as
26
provided by this section.
27
Trade and commerce
28
(2) Sections 8 and 10 also have the effect they would have if a
29
reference to discrimination were expressly confined to
30
discrimination undertaken in the course of:
31
Part 3
Miscellaneous
Section 15
12
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
No. , 2022
(a) trade or commerce between Australia and places outside
1
Australia; or
2
(b) trade or commerce among the States; or
3
(c) trade or commerce within a Territory, between a State and a
4
Territory or between 2 Territories.
5
Communications
6
(3) Sections 8 and 10 also have the effect they would have if a
7
reference to discrimination were expressly confined to
8
discrimination undertaken using a service to which paragraph 51(v)
9
of the Constitution applies.
10
Insurance
11
(4) Sections 8 and 10 also have the effect they would have if a
12
reference to discrimination were expressly confined to
13
discrimination undertaken in the course of insurance to which
14
paragraph 51(xiv) of the Constitution applies.
15
Corporations
16
(5) Sections 8 and 10 also have the effect they would have if a
17
reference to discrimination were expressly confined to
18
discrimination undertaken by a corporation to which
19
paragraph 51(xx) of the Constitution applies.
20
Territories
21
(6) Sections 8 and 10 also have the effect they would have if a
22
reference to discrimination were expressly confined to
23
discrimination undertaken in a Territory.
24
15 Review of operation of the Act
25
(1) The Attorney-General must cause a review to be conducted of the
26
operation of this Act.
27
(2) Without limiting the matters that may be considered when
28
conducting the review, the review must:
29
Miscellaneous
Part 3
Section 15
No. , 2022
COVID-19 Vaccination Status (Prevention of Discrimination) Bill
2022
13
(a) consider whether the operation of this Act is appropriate and
1
effective; and
2
(b) identify any unintended consequences of this Act; and
3
(c) consider whether amendments to this Act are necessary to:
4
(i) improve the operation of this Act as contemplated under
5
paragraph (a); or
6
(ii) rectify unintended consequences identified under
7
paragraph (b).
8
(3) The review must start as soon as practicable after the end of
9
12 months after this Act commences.
10
(4) The person who conducts the review must give the
11
Attorney-General a written report of the review within 6 months of
12
the commencement of the review.
13
(5) The Attorney-General must cause a copy of the report of the
14
review to be tabled in each House of the Parliament within
15
15 sitting days of that House after the Attorney-General receives
16
the report.
17