Deadline for destruction of COVID-19 vaccination information in Victoria

Employers in Victoria have until 11 August 2023 to destroy any COVID-19 Vaccination information they have recorded or held under the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (the Regulations).

Following the removal of vaccination requirements contained in “pandemic orders”, the regulations, which came in place on 12 July 2022, allowed organisations to collect, record, hold, and use COVID-19 vaccination information for a period of 12-months, after which, the data must be destroyed after 30 days. Under the regulations, ‘COVID-19 vaccination information’ includes information as to whether a specified person has:

• received any dose of a vaccination against COVID-19, and if so, the date on which the person received the dose or if the person has received more than one dose, every date on which the person received those doses; or
• not been able to receive a dose, or further dose, of a vaccination against COVID-19 due to a medical contraindication or an acute medical illness.

For an employer, this information may include letters from a registered medical practitioner, records from the AI register under the Australian Immunisation Register Act 2015, or certificates issued by Services Australia stating that an affected person is unable to receive a vaccination against COVID-19.

While the regulations do not specify how the information is to be destroyed. It is recommended that:

• Employers notify affected persons about what information will be destroyed; and
• Information is destroyed in a secure and confidential manner, and avoids disclosure to a third party.

After 11 August 2023, any COVID-19 vaccination information kept by an employer will be subject to the Privacy Act 1988 (Cth) and Health Records Act 2001 (Vic).

If you have questions regarding the use of COVID-19 vaccination information in Victoria please call our NRA Legal on 1800 572 679.