1.1 The Director General of Education has authority, pursuant to Section 233 of the School Education Act 1999 (Act), to issue instructions to persons performing functions in the Department.
1.2 On 22 December 2021, the Chief Health Officer issued the ‘Education Worker (Restrictions on Access) Directions (No. 4)’ (Directions). A copy of the Directions are available on the WA Government Website, www.wa.gov.au.
(a) The 22 December 2021 Directions amend and replace previous Directions by changing the restriction on access from school hours to all hours.
1.3 The Directions restrict an Education Worker from entering or remaining in an Education Facility, which includes a School, Boarding Premise, Community Kindergarten or Statewide Services Padbury, unless the Education Worker has been vaccinated in accordance with the Directions. A term used in this Instruction has the same meaning as that term is used in the Directions.
1.4 This Instruction (CEO Instruction Entry Restrictions No. 2 (Version 2) to an Education Facility) amends and replaces CEO Instruction Entry Restrictions No. 2 to an Education Facility, which has no effect from the date of this Instruction.
1.5 This Instruction is issued to give effect to the Directions for the management of entry to an Education Facility by an individual who is within the definition of an Education Worker but who is not an employee of the Department (referred to as an Ancillary Worker for the purpose of this Instruction).
(a) CEO Instruction Entry Restriction No.1 to an Education Facility provided for the vaccination requirements of employees of the Department before entering an Education Facility.
(b) This Instruction complements the Visitors and Intruders on Public School Premises Policy (Policy) which applies to all persons other than current students and employees of the Department.
1.6 An Ancillary Worker for the purpose of this instruction can be a person who attends an Education Facility at any time because they:
(a) have an arrangement to or contract directly under a contract for services, volunteer or are provided by a separate legal entity, to work, or provide services or goods at the Education Facility, including to provide student programs and services, cleaning, gardening, food preparation or building, maintenance and repair services other than on an ad hoc basis;
(b) have an arrangement or contract being for a School Chaplain, Aboriginal Program Co-ordinator and Staff, Sporting Coach, Medical or Allied Medical Services Practitioner, Artist, Performer or other such person.
(c) are on a placement at the Education Facility as part of their education, such as student teachers, apprentices, trainees or a person undertaking work experience;
(d) are on a voluntary or unpaid capacity providing goods or services at an Education Facility, including at a canteen, uniform shop, bookshop or other school service provided to students;
(e) are a tradesperson or worker who is attending the Education Facility for more than one day to undertake construction, maintenance or repairs at the facility; or
(f) participate in Education Facility activities on more than an ad hoc basis.
1.7 An Ancillary Worker does not include;
(a) a parent or caregiver of a student who is attending in the normal course of interacting with the Education Facility in their capacity as a parent or caregiver but not in a volunteer or unpaid capacity to provide goods or services;
(b) a tradesperson or worker who is attending the Education Facility for one day or less to undertake construction, maintenance or repairs at the facility;
(c) an emergency worker or ambulance officer who is attending the Education Facility to provide emergency or medical services; or
(d) a person who delivers goods to the Education Facility on an ad-hoc basis or who is not required to come within 1.5 metres of students.
NOTE: The above paraphrase the wording used in the Directions. Schedule 3 of the Directions should be referred to determine whether a person is an ancillary worker.
2. Person in Charge of Facility
2.1 The Principal of a School and the Manager of a Residential College, have authority pursuant to the Act, for the day-to-day control of their Education Facilities. The Directions require the person in charge of an Education Facility to manage entry to the Education Facility in accordance with the Directions.
2.2 The Principal, Site Manager or other persons designated by the Director General as in charge of the facility must ensure;
(a) only Ancillary Workers vaccinated or exempt in accordance with vaccination requirement in Paragraph 3 enter or remain in the Education Facility;
(b) an Ancillary Worker provides Approved Evidence of their vaccination status in accordance with Paragraph 4;
(c) the vaccination status of Ancillary Workers who attend the Education Facility are collected and recorded in accordance with Paragraph 5.
3. Vaccination Requirement
3.1 Before an Ancillary Worker enters an Education Facility the Directions require the Worker must be:
(a) partially vaccinated (single dose) against COVID-19 from 12.01 am on 1 January 2022 or exempt from being single dose vaccinated; and
(b) fully vaccinated (double dose) against COVID-19 from 12.01 am on 31 January 2022 or exempt from being double dose vaccinated.
4. Approved Evidence of Vaccination Status
4.1 An Ancillary Worker must provide Approved Evidence of their vaccination status, which includes an exemption from the vaccination requirement (Vaccination Status), before entering an Education Facility from 12.01am on 1 January 2022.
4.2 The Chief Health Officer has approved the evidence may take the following forms (Approved Evidence):
(a) documentary confirmation of COVID-19 vaccination(s) or exemption given by the Department of Health;
(b) a COVID-19 digital vaccination certificate or Australian Immunisation Register Immunisation History Statement; or
(c) an international COVID-19 vaccination certificate issued by the Australian Government.
4.3 An Ancillary Worker who does not provide an Approved Evidence of their Vaccination Status when required to do so must be denied entry to the Education Facility.
4.4 The Approved Evidence is to be used to establish the Vaccination Status for the purpose of recording the Vaccination Status in accordance with Paragraph 5 (Vaccination Status Record).
5. Vaccination Status Record
5.1 A Vaccination Status Record is to be made, based upon production of Approved Evidence of vaccination, for each Ancillary Worker upon their initial permitted entry to the Education Facility based upon the Approved Evidence produced.
5.2 The Vaccination Status Record is to include;
(a) the name of the Ancillary Worker and contact details for the Ancillary Worker;
(b) the purpose of entry to the Education Facility;
(c) the date the Vaccination Status was sighted noting single, double dose or exemption;
(d) a description of the Approved Evidence sighted.
5.3 The Vaccination Status Record is to be maintained in a format and to a standard determined by the site manager that will allow an audit of compliance to be undertaken that the Record complies with this Paragraph and that the Ancillary Workers permitted to enter the Education Facility met the Vaccination Status required by the Directions.
5.4 The information contained in the Vaccination Status Record is confidential, access to the Record is limited to the Education Facility manager and those directly involved with its management for the purpose of complying with the Directions.
5.5 The disclosure of the Vaccination Status of Ancillary Workers is to be limited to purposes necessary to ensuring there is compliance with the entry restrictions to the Education Facility.
(a) The Vaccination Status Record of Ancillary Workers must be protected to the extent possible and reasonable in the circumstances.