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ARTICLE · 18 OCTOBER 2021

Covid conundrum – a legislative nightmare

Without legislated certainty, it seems inevitable that businesses are going to be sued by their staff, customers or neighbours.

AustraliaConsumer Protection

As our country opens its borders once again, businesses will find themselves in a ridiculous situation because of the Government's failure to provide clear rules about when it is permissible to refuse entry to unvaccinated people.

It is quite unfair to expect business operators to run the gauntlet of a discrimination test case, simply because our politicians want to sit on the fence for fear of upsetting their voter base.

Currently, businesses are left to navigate both State and Federal discrimination legislation and to consider their own situation as to whether they are permitted to impose a blanket ban on entry to unvaccinated people. Whilst it is illegal to discriminate on the basis of a disability or age, there is no clarity in the legislation about denying entry to a person who is not able to have a vaccine because of an underlying health condition or simply because they are too young. This ambiguity creates risk that a person who is unable to have a

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