News & Insights

National Cabinet has recently decided to scrap the mandatory 5-day isolation requirement for anyone who tests positive to COVID-19, effective in all States and Territories from 14 October 2022 (from 12 October in Victoria). Although recommended to isolate, anyone who tests positive to COVID-19 will no longer be required to do so by law, and therefore stay home from work.

This change will occur via amendments to State and Territory public health laws as part of Australia’s approach to “living with the virus”. Certain high-risk settings such as hospitals and aged care will still be subject to some restrictions.

COVID-19 leave disaster payments are also set to end on the same date, although some financial support will remain available for those in higher risk settings.

What does this mean for employers?

Once the mandatory isolation period is scrapped, employers will be faced with new considerations in managing COVID-19. Should they allow employees who have recently tested positive attend the workplace?

While the relaxed requirements may be seen as an opportunity to assist businesses in boosting existing workforce numbers, work health and safety obligations will remain a critical consideration as we move further into this phase of the virus. Employers should be continuing to conduct risk assessments and implement appropriate measures to manage the risks associated with COVID-19. The Victorian Government has also expressly stated that organisations with on-site operations will still be required to have in place and regularly review a ‘COVIDSafe Plan’.

Even if non-attendance remains a requirement at the employer level, there is a risk that changes to the financial support available for employees who test positive to COVID-19 may result in fewer cases being reported to an employer. This is especially true for casual employees who may not have access to any paid entitlements if not working because they have the virus.

In view of these matters, employers should consider what their position will be in relation to workers who test positive for COVID-19 – in particular:

• Whether they need to implement or amend a COVID-19 policy to address their isolation requirements and expectations?
• Whether any other measures need to be implemented or changed to reduce the spread of COVID-19 in the workplace, particularly for any vulnerable or immunocompromised employees?
• How to meet their consultation obligations with respect to managing the health and safety of their workers exposed to COVID-19 and changes that might be implemented?

Employers should also remind employees that they have ongoing obligations to take reasonable care for the health and safety of others at the workplace and this may mean not attending work when they are concerned that they are unwell.

Where can employers look to for assistance?

The removal of mandatory isolation laws will shake up the current approach to COVID-19 in the workplace. It is important that businesses continue to manage work health and safety risks and have up-to-date policies and practices in place, taking into account this development.

The Employment, Safety and Migration team at Macpherson Kelley can assist with all of these considerations to help employers remain compliant and mitigate risks associated with COVID-19.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.