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2022
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
COVID-19 VACCINATION STATUS (PREVENTION OF DISCRIMINATION) BILL 2022
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Hanson)
COVID-19 VACCINATION STATUS (PREVENTION OF
DISCRIMINATION) BILL 2022
OUTLINE
The COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2022 (the bill)
prohibits the Commonwealth, States and Territories and other government and non-
government entities from discriminating on the basis of whether a person has had a COVID-
19 vaccination, in the provision of goods, services and facilities and also in employment,
education, accommodation and sport.
The bill prevents any interference of free movement between and within States and
Territories of the country.
The bill supports the inalienable rights and freedoms of all Australians, acts to minimise
interference in our daily lives and aims to reduce the interference imposed by unnecessary,
restrictive bureaucratic red tape.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. This clause states that the whole of the Act will commence on the day after it receives
the Royal Assent.
Clause 3: Definitions
3. This clause defines terms used in the Act.
Clause 4: Meaning of discriminates
4. This clause defines what may constitutes discrimination, which includes requesting or
requiring a person to provide proof of having received a COVID-19 vaccination or
unfavourable treatment on the basis of whether a person has not received a COVID-19
vaccination. Discrimination may occur on multiple bases.
Clause 5: Binding the Crown
5. This clause states that the Act binds the Crown in each of its capacities.
Clause 6: Extension to external Territories
6. This clause provides that the Act applies to Australia's external territories.
Part 2 - Prohibition of discrimination on basis of vaccination
Clause 7: Commonwealth must not discriminate on basis of COVID-19 vaccination
7. This clause prohibits the Commonwealth from discriminating on the basis of whether
a person has received a COVID-19 vaccination, except in relation to frontline health or care
workers employed by the Commonwealth.
9. This clause applies also to an authority of the Commonwealth, as defined in clause 3.
Clause 8: States must not discriminate on basis of COVID-19 vaccination
10. This clause prohibits States and State authorities from discrimination on the basis of
whether a person has received a COVID-19 vaccination, except in relation to frontline health
or care workers employed by the States.
Clause 9: Territories must not discriminate on basis of COVID-19 vaccination
11. This clause prohibits Territories and Territory authorities from discrimination on the
basis of whether a person has received a COVID-19 vaccination, except in relation to
frontline health or care workers employed by the Territories.
Clause 10: Other entities
12. This clause prohibits discrimination on the basis of whether a person has received a
COVID-19 vaccination in relation to employment, business, including serving or providing
goods by businesses or giving access to business premises, and voluntary bodies.
Clause 11: Vaccination of Children under 18
13. This clause requires that children under 18 can only be vaccinated with
parent/guardian permission.
Clause 12: This part overrides other laws
13. This clause clarifies that the Act overrides any other law of the Commonwealth, State
or Territory which requires or permits discrimination on the basis that a person is COVID-19
vaccinated.
Part 3 - Miscellaneous
Clause 13: Constitutional basis of this Act
14. This clause sets out the constitutional basis for the Act.
Clause 14: Additional operation of section 8 and 10
15. This clause provides that clauses 8 and 10 also have effect if a reference to
discrimination in clause 8 or clause 10 was confined to discrimination undertaken in relation
to trade and commerce, communications, insurance, corporations or Territories.
Clause 15: Review of operation of the Act
16. This clause requires that a review of the operation and consequences of this Act is to
be undertaken as soon as possible after 12 months from the commencement of the Act, with a
report to be presented and tabled in the Parliament within six months of the review
commencing.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2021
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The bill prohibits the Commonwealth, States and Territories and other government and non-
government entities from discriminating on the basis of whether a person has had a COVID-
19 vaccination, in the provision of goods, services and facilities and also in relation to
employment, education, accommodation and sport.
The bill prevents any interference of free movement between and within States and
Territories of the country.
The bill supports the inalienable rights and freedoms of all Australians, acts to minimise
interference in our daily lives and aims to reduce the interference imposed by unnecessary,
restrictive bureaucratic red tape.
As such it acts to ensure human rights in relation to discrimination on the basis of COVID-19
vaccination status.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms in a negative manner. It
has a positive impact with regard to human rights in that it ensures that discrimination cannot
occur because a person has had, or not had, medical intervention to prevent COVID-19
infection.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Senator Pauline Hanson