The answer is: it's complicated.

In some cases yes, in others you may have a right to refuse and seek remedy if disciplinary action is taken against you unfairly. Protect not only your health, but your rights and get expert advice now.

In certain cases, employers may be able to require you to get vaccinated. Your employer may require you to get vaccinated where one of the following circumstances applies:

1. a specific law (e.g. a state or territory public health order) requires you to be vaccinated;
2. the requirement is permitted by an enterprise agreement, other registered agreement or employment contract; or
3. it would be lawful and reasonable for an employer to give you a direction to be vaccinated, which is assessed on a case-by-case basis.

Further detail on each of these is set out below however, it is important to speak to a lawyer to get advice on your circumstances before you take any action such as to potentially refuse to get vaccinated. Failure to comply with a lawful request by your lawyer may give rise to disciplinary action being taken against you.

1. Specific laws that require you to get vaccinated

NSW

There are Public Health Orders in NSW as at the date of this article for certain types of employees:

• Quarantine
• Transportation 
• Airport workers

For further details, see the full text of the orders:

• Public Health (COVID-19 Air Transportation Quarantine) Order (No 2) 2021
• Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 .

NT

There are Public Health Orders in Northern Territory as at the date of this article for certain types of employees:

• Certain residential aged care facility workers.

For further details, see the full text of the order:  COVID-19 Directions (No. 48) 2021: Directions for Aged Care Facilities.

QLD

There are Public health Orders in Queensland as at the date of this article for certain types of employees:

1. Health service employees,
2. Queensland Ambulance service employees,
3. Hospital and health service contractors,
4. Residential aged care facility workers, workers in quarantine facilities, and 
5. Essential workers with permission to cross into Queensland from NSW.

For further details, see the full text of the orders:

• Designated COVID-19 Hospital Network Direction (No. 3)  
• Residential Aged Care Direction (No. 6)
• Requirements for Quarantine Facility Workers Direction (No. 4)  
• Border Restrictions Direction (No. 39) 

SA

There are Public Health Orders in South Australia as at the date of this article for certain types of employees:

• Residential aged care facility workers
• Workers within the South Australian quarantine system.

For further details, see the full text of the orders:

• Emergency Declaration and Directions (SA)  
• Emergency Management (Supervised Quarantine No 10) (COVID-19) Direction 2021
• Emergency Management (Residential Aged Care Facilities No 41) (COVID-19) Direction 2021 .

TAS

There are Public Health Orders in Tasmania as at the date of this article:

1. For certain residential aged care facility workers.

For further details, see the full text of the order: Tasmanian Government – Mandatory Vaccination of Certain Workers – No. 1

VIC

There are Public Health Orders in Victoria as at the date of this article:

1. For all residential aged care facility workers.

For further details, see the full text of the order: Australian Government Department of Health – Mandatory COVID-19 vaccination in residential aged care .

WA

There are Public Health Orders in Western Australia as at the date of this article:

1. For quarantine centre and aged care facility workers.

For further details, see the full text of the orders:

• WA Government – Access to Quarantine Centres Directions
• WA Government – Residential Aged Care Facility Worker Access Directions

2. Your employment terms permit your employer to require you to get vaccinated

Some employment contracts or agreements may contain terms relating to vaccinations, including COVID-19 vaccinations. You should check to see if any terms apply to COVID-19 vaccinations.

Your Employer may wish to consider including a term in your employment contract  relating to COVID-19 vaccinations. 

Even where a contract or an agreement has a term about coronavirus vaccinations, you and your employer should consider whether the term complies with anti-discrimination laws.  A term that is contrary to anti-discrimination laws isn’t enforceable.

3. Lawful and reasonable directions

Your Employer can direct you to be vaccinated if the direction is lawful and reasonable. Whether a direction is lawful and reasonable will be fact dependent and needs to be assessed on a case-by-case basis.

For a direction to be lawful, it needs to comply with any employment contract, award or agreement, and any Commonwealth, state or territory law that applies.

There are a range of factors that may be relevant when determining whether a direction to you is reasonable. Things to take into consideration include:

• the nature of each workplace 
• the extent of community transmission of COVID-19 in the location where the direction is to be given, including the risk of transmission of the Delta variant among employees, customers or other members of the community
• the effectiveness of vaccines in reducing the risk of transmission or serious illness, including the Delta variant 
• work health and safety obligations 
• your circumstances, including your duties and the risks associated with your work
• whether you have a legitimate reason for not being vaccinated 
• vaccine availability.

This article is general in nature and is not intended to be relied upon for legal advice. It is important to speak to a lawyer to get advice tailored to your circumstances.