COVID-19 Information and Resources

Latest update from the Courts (6 December 2022):

The Family Court of Western Australia

The Court has been advised that two cases of COVID-19 have been detected amongst the detainees at Unit 18 Casuarina Prison on 6 December 2022.

Given the likelihood that further cases may be detected in the coming days and to reduce the spread of COVID-19 as much as possible, his Honour Judge Quail has determined that it is appropriate to temporarily suspend requirements of the Information Note dated 23 September 2022 relating to Young Persons Remanded in Custody at Unit 18 appearing in Court in person.

Accordingly, EXCEPT FOR TRIAL, arrangements are being made for all young people in custody at Unit 18 Casuarina Prison to attend Court by video link.

If there are special circumstances requiring an in-person Court appearance, please advise the Court accordingly so the matter can be individually considered.

The website will be noted that this Information Note is temporarily suspended and that notification will be removed as soon as it is appropriate to do so and those young people can resume attending Court in person.

• Public Notice – COVID-19 (27 April 2022)
• Public Notice – COVID-19 – Court & Tribunal Worker Restrictions on Access Directions
• Public Notice – 4 February 2022 – Supreme Court of Western Australia
• COVID-19 Public Notice 7 – Family Court of Western Australia
• Public Notice and Practice Direction 2 of 2022 – Children’s Court
• WA Bar Association Guidance Note – for the purpose of assisting members with understanding the implementation and effect of the Directions.

Law Society Offices Visitor Protocol – COVID-19  

With the emergence of COVID-19 in our State, the Law Society continues to take measures to protect the health and safety of our staff and visitors to our office and the Old Court House Law Museum (offices).

From Monday, 31 January 2022 until further notice, ALL visitors over the age of 16 years attending our offices will be required to:

• Sanitise and check-in either at reception or prior to entry (to the museum or Level 5 training room) using our QR code, or via the manual check in register.
• Provide evidence of vaccination or a copy of your medical exemption upon request.
  Note: This can be done by showing your COVID-19 Digital Certificate via the Service WA app, or by providing a printed immunisation certificate together with your current photo identification. If you are medically exempt from vaccination, you will be requested to show your exemption certificate as registered through the Australian Immunisation Register together with your current photo identification.
• Wear a face mask at all times unless you are eating or drinking.
• Practice physical distancing per government guidance.

The Law Society has a duty of care to provide our staff and visitors with the requisite standard of health and safety in the office environment and we appreciate your cooperation with these requests. We will continue to monitor government guidelines and update our practices and policies accordingly.

Please note:

• If you feel unwell or have any COVID-19 symptoms, please call to reschedule your meeting/CPD or organise an online meeting/CPD.
• If your preference is not to meet in person, we can organise an online meeting.
• If you are not fully vaccinated, or choose not to disclose your vaccination status, we will, where possible organise for you to attend your CPD online. Please contact the CPD team on (08) 9324 8640 during normal office hours.

We thank you for your cooperation, and sincerely appreciate your understanding in assisting the Law Society to support the safety and wellbeing of our staff, our members, our visitors and our community.

ServiceWA – Proof of Vaccination

Based on the latest health advice, from Monday, 31 January, 2022, proof of COVID-19 vaccination requirements will apply state-wide and be expanded to include new higher-risk venues.

Proof of vaccination is already required to enter some venues and events in Perth and Peel. »See Media Statement here.

ServiceWA is a free app that allows people to show proof of vaccination, check-in with SafeWA and access a G2G Pass for interstate travel – all in one place. It can be downloaded from the following links:

• Apple: https://apps.apple.com/us/app/servicewa/id1599181775
• Android: https://play.google.com/store/apps/details?id=au.gov.wa.digital.service.mobile.servicewa.citizen

Guide to Assist the Development of a COVID-19 Vaccination Policy

Given the health risks associated with COVID-19, reasonably practicable steps may need to be taken that reduce the risk of COVID-19 being caught by workers or other persons arising from a business or undertaking. It is therefore appropriate to have a policy that reflects the requirements of any relevant Public Health Orders.

The Law Society has developed a Guide to Assist the Development of a COVID-19 Vaccination Policy to assist our members.

The WA Correctional Facility Entrant (Restrictions on Access) Directions came into effect on 12 November 2021. These Directions apply to any person who enters a correctional facility.

In particular, please note:

• paragraph 5, which sets out the mandatory COVID-19 vaccination requirements to enter a correctional facility;
• paragraph 12 and Schedule 1, which sets out the facilities captured by ‘correctional facility’; and
• paragraph 17, which defines ‘exempt person’.

The Department of Justice will provide further advice if the Courts become the subject of any mandatory COVID-19 vaccination requirements.

On 20 October 2021, the State Government announced a mandatory vaccination policy, which takes a staged, risk-based approach across public and private sector industry and workforces.

The Law Society attended an urgent roundtable which was called by the Department of Justice (DoJ) on Friday, 29 October. The aim of the roundtable was to inform the implementation of the mandates, including clarification of the role of employers and employees as required to assist with the Chief Health Officer to finalise the Directions which will be applicable.

The following are the key points which were raised which may affect legal practitioners that work within the Correctional Services system which has been mandated as Group 1 Industries and Occupations need to know the following:

1. Anyone entering a Correctional Services Facility (Facility) for work and doing so more than once a week that does not have a valid exemption will be required to have had their first vaccination by 1 December 2021 and be double vaccinated by 31 December 2021.
2. You will need to provide proof of your vaccination status at the Facility to be able to enter it. Click here to see ways you are able to show your proof of vaccination.
3. Vaccinations records must be kept by your employer. Employees must provide this information to their employer. Please note that DOJ is working with the Department of Health to have all prisons and the detention Centre declared vaccination zones where anyone entering prisons for any purpose will be required to be vaccinated as per the timetable listed above.
4. DoJ are also working with the Department of Health on extending the Group 1 Industries and Occupations and this may be extended to capture the Courts and Tribunals. Further information will be provided to the legal profession if this occurs.
5. Your employer must comply with any Public Health Directions that require vaccinations in specific industries. Fines for non compliance apply – Individuals face a $20,000 fine and they increase to $100,000 for employers.
6. The Public Health Directions are in place for the period that the State of Emergency orders are in place.

The Chief Health Officer has provided public health advice on a range of industries and occupations, confirming that mandating is necessary to reasonably prevent, control or abate the serious public health risk and is proportionate to the serious public health risk. Information and Frequently Asked Questions have been published on the Department of Health’s website.