The Prime Minister Scott Morrison insists there is no mandatory vaccination policy in Australia, but he's left open the issue of mandatory COVID-19 jabs for workers saying they are a decision for employers.
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The seeming handballing of vaccinations came with legal advice presented to Commonwealth, state and territory leaders meeting as the 50th gathering of national cabinet - a forum ruled a day earlier as not legally a 'cabinet' which is subject to cabinet-in-confidence protections. The ruling that national cabinet was not actually, as proposed, a sub-committee of federal cabinet could leave the grouping's deliberations and decisions open to Freedom of Information laws.
Mr Morrison has indicated the ruling by the Administrative Appeals Tribunal is still under review, but also that the leaders want to keep their work secure.
"I can tell you the national cabinet is very, very sure that it wants to be able to operate in the environment it has regarding the security of the documents that it works on," he told reporters on Friday after national cabinet.
The Prime Minister insisted the work for the national was transparent, highlighting legal advice from the Solicitor-General on the issues of mandatory COVID-19 vaccinations for Australian workers and possible discrimination over vaccination status.
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Mr Morrison said there are legal issues over vaccination discrimination in workplaces, but he says it will not be the federal government's responsibility.
"It is not the intention of the Commonwealth nor of the states and territories to create any special laws in these areas," Mr Morrison said.
"The only area where that has occurred to date has been public health orders around quarantine workers."
He says businesses will get some guidance, so they can move to ensure vaccination compliance.
"The advice makes clear that there are matters regarding discrimination law and unreasonableness of any direction made to an employee and that reasonableness goes over four tiers and all of this is explained through the Fair Work advice, which is available on the Fair Work website," the Prime Minister said.
"Ultimately employers need to consider these matters and make their own decisions, remembering we do not have a mandatory vaccination policy in this country."
But he notes the courts will determine if such requirements are lawful.
"Again, these are all legal decisions that have to pass a reasonable test and ultimately decided by the courts, and employers need to consider those matters very carefully if they are looking to make directions of that nature," he explained.
National cabinet also formally agreed to the four-stage plan to re-open Australian and end debilitating lockdowns.
The plan focusses on agreed vaccination rates to end the harshest lockdowns and re-opening international borders when 80 per cent of eligible Australians are vaccinated.
Mr Morrison says there were a record 240,039 COVID-19 vaccines delivered over the past day, a "significant landmark."
"The national vaccination program in Australia has certainly turned a corner," he says.
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