Position Statement – Discrimination against Parents at Schools
It has come to our attention that a number of public and private schools in Victoria are implementing policies excluding unvaccinated parents and carers from entering school buildings. This is resulting in some parents being unable to attend important events such as school plays, awards ceremonies, graduations, end of year celebrations, orientations, and pre-enrolment tours. Parents who do not provide evidence of double vaccination are also prevented from entering school buildings to collect their children from class and are being made to conduct parent-teacher meetings virtually.
Parents and carers are understandably distressed about not being able to attend important milestone events in their child’s education and school communities are concerned about what impact this segregation will have on them. But what makes this policy of exclusion particularly abhorrent is that it is not actually required by the Chief Health Officer Directions currently in force. As we explain below, the edict to schools to exclude unvaccinated parents from school buildings appears to be coming from the Department of Education and Training (DET) who, in doing so, are going beyond what is legally required and seemingly promoting discrimination and division.
Chief Health Officer Directions
The current requirements prohibiting the entry of unvaccinated persons onto certain premises are contained in the Open Premises Directions (No. 7) declared by the Chief Health Officer (CHO) pursuant to the Public Health and Wellbeing Act 2008 (Vic). The “open premises” to which these Directions relate are set out in Schedule 1 of the Directions. Schedule 1 clearly states that tertiary and adult education facilities are included but primary schools and secondary schools are NOT.
This means that primary and secondary schools may permit unvaccinated parents to entering school premises without contravening CHO Directions.
Department of Education Guidelines
Despite the fact that the CHO Directions do not require the exclusion of unvaccinated persons from schools, the DET have nevertheless issued guidelines to schools requiring them to exclude from school buildings any parents / carers who have not received at least two doses of a Covid-19 vaccination (unless they have a valid medical exemption). The guidelines also require that meetings between unvaccinated parents / carers and school staff be conducted virtually.
The guidelines can be found at COVID-19 Vaccinations – Visitors and Volunteers on School Sites : Policy | education.vic.gov.au
Are the Department of Education’s Guidelines Discriminatory?
It is our view that refusing a parent or carer access to school buildings where they have enrolled their child for school, constitutes discrimination under the Equal Opportunity Act 2010 (Vic). This legislation prohibits a person from treating a person unfavourably on the basis of that person having certain attributes, including:
- a “disability”, which is defined to include the presence in a person’s body of organisms which may causes disease, including a predisposition to that disease in the future, and including if a person is merely presumed to have that attribute; or
- a “physical feature”, such as “bodily characteristics” which could arguably include the presence or absence of vaccine induced antibodies.
The Equal Opportunity Act permits discriminatory behaviour where it is done with “statutory authority” and the Open Premises Directions issued by the CHO under the Public Health and Wellbeing Act could be said to fall within this category of exemption. Guidelines issued by the DET, however, do not. The DET has no apparent authority to enforce public health guidelines that go beyond what is required by the CHO Directions.
Discrimination is also permitted to protect the health or safety of any person or the public generally. However, in relation to preventing the spread of Covid-19 in the school environment, this argument lacks credibility given that:
- all school staff are protected by their own vaccinations (vaccination of education workers is now mandatory under other CHO Directions);
- Covid-19 is a relatively mild disease in children (Australian Government, 2021);
- children who live in close proximity with their unvaccinated parents / carers (and so presumably carry the same risk of passing on infection) are permitted into school buildings; and
- studies show that vaccinated people infected with SARS-Cov2 are no less infectious than unvaccinated people (Salvatore et al, 2021).
This means that schools implementing DET’s guidelines to exclude unvaccinated parents and carers could be engaging in discrimination which contravenes the Equal Opportunity Act. Not only is this discrimination likely unlawful, it clearly raises moral and ethical issues as well. Most schools will pride themselves on having values of inclusivity, equality, acceptance and diversity. These principles are enshrined in their founding doctrines, codes, values and policies. So why are schools disregarding these values now, and what kind of example does this set for our children?
What can you do?
Parents, carers, grandparents and others in the community concerned about segregation are encouraged to push back against the deliberately divisive policies coming from these bureaucrats. It is so important that we unite against the division and speak out to remind everyone in the community that we are all human and discrimination is never acceptable. Parents and carers who are faced with potential discrimination at their child’s school on the basis of their vaccination status should consider:
- Providing the school with a copy of this Position Statement;
- Asking the school to push back on DET’s guidelines and adopt a position that is legal, moral, ethical and consistent with the school’s values; and
- If the discrimination continues, lodging a complaint with the Victorian Equal Opportunity & Human Rights Commission, telephone: 1300 292 153 or email: [email protected]
SKIP Australia Inc
28 November 2021
© Skip Australia Inc
Information current as at the date of publication.
This document represents the views of SKIP Australia Inc and is not intended as legal advice.
Download a printable version of this document here
References
Australian Government. (2021). Factsheet: COVID-19 and children. Retrieved from COVID-19 and children: https://www.health.gov.au/sites/default/files/documents/2020/07/coronavirus-covid-19-and-children.pdf
Salvatore et al. (2021). Transmission potential of vaccinated and unvaccinated persons infected with the SARS-CoV-2 Delta variant in a federal prison, July—August 2021. MedRxiv: The preprint server for Health Sciences, https://doi.org/10.1101/2021.11.12.21265796
