Australia: Changes to rights to hold COVID-19 vaccination records in Victoria

In brief

Are you a Victorian employer still holding COVID-19 vaccination records? As a result of a recent legislative change, you may no longer have a right to hold these records and have an obligation to destroy them.


Contents

Background

Under the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations, employers in Victoria were permitted to collect, record, hold and use information about employees’ COVID-19 vaccination status and COVID-19 vaccination certificates. These rights extended to employees, independent contractors, employees of an independent contractor and volunteers or students on placement.  

On 12 July 2023 these regulations were revoked and employers who recorded or held COVID-19 vaccination information specifically under those regulations have 30 days to destroy that information – that is, by this Friday, 11 August 2023.

The requirement to destroy vaccination records does not apply to employers that are permitted or required under other laws to collect, use, record, or hold vaccination information. Some employers may still be required to collect and hold this information in order to comply with industry specific legislation.

It is also important to remember an employer’s obligations under privacy and health records legislation apply to stored vaccination information.

Victorian employers should seek our further advice if they need help in complying with the destruction requirement or if they believe there is a need to continue to hold COVID-19 vaccination information after 11 August 2023.

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