The COVID-19 pandemic continues to progress in Australia, particularly with the new Omicron variant. The government have introduced various new obligations on citizens to attempt to deal with the risk of the virus spreading. These include mandatory vaccination requirements. This article outlines some of those requirements as it relates to the prisons in Western Australia.

Prisons – vaccination requirements

In WA, the WA Correctional Facility Entrant (Restrictions on Access) Directions came into effect on 12 November 2021. These apply to anyone who enters a correctional facility, which in practical terms is a prison or juvenile detention centre. It includes minimum security prisons, work camps and pre-release centres.

The Directions impose the following, staged restrictions:

• From 1 December 2021 a person who proposes to enter a correctional facility (who is not an exempt person) must not enter or remain there if they have not been partially vaccinated against COVID-19. This means they have one dose of a COVID-19 vaccine registered by the Therapeutic Goods Administration, Ie Pfizer/Astrazeneca/Moderna.

 

• From 1 January 2022 a person who proposes to enter a correctional facility (who is not an exempt person) must not enter or remain there if they have not been fully vaccinated against COVID-19. This means given two doses of a COVID-19 vaccine registered by the Therapeutic Goods Administration.

 

There are a number of exempt persons, which include people with medical or temporary exemptions. Children under 12, and prisoners, are exempted. Persons undertaking law enforcement activity within the prison, and responding to emergencies, are also exempted.

 

So what this means, practically, is if you are proposing to visit a friend or family member in a prison or juvenile detention centre, you need at least one dose of a COVID-19 vaccine at the date of this article, 19 December 2021. By the start of the new year in 2022, you need to be fully vaccinated to attend a prison or juvenile detention centre. You also need to be able to provide evidence of your vaccination status when you go to enter a correctional facility. This should be on your phone and available via the Mygov website. But it wouldn’t hurt to have a printed copy of your vaccination status when you attend a correctional facility just in case, particularly as you can’t take your phone inside a correctional facility.

 

If you aren’t fully vaccinated, you will be limited to seeing prisoners via skype visits, or speaking to them on telephone calls.

 

It is an offence to fail to comply with the directions, punishable by a fine of up to $20,000.00 for individuals and $100,000.00 for bodies corporate. Failing to comply would include attending a prison whilst not being vaccinated, and also providing false evidence of your vaccination status (which could also constitute various other criminal offences as well).

 

If you require any advice about whether you meet the new requirements to attend a correctional facility, or have been charged with failing to comply with the vaccination requirements, don’t hesitate to contact James Jackson Criminal Defence today.