Powerful Letters To Empower You

In an employment situation, you may be required to provide a detailed medical exemption from your medical practitioner. Despite the fact that the Department of Health in most States and Territories do not require you to provide such evidence even to your employer, it may expedite the matter for you to obtain a medical exemption and avoid conflict. 

Note: Please also download the additional document below 'Example of a Doctor's Medical Mask Exemption', which you can take to your GP and request.

It is insufficient for you to argue that your contract does not allow your employer to change the terms of your employ. Your employer most certainly is bound by Government mandates. In the absence of a mandate, your employer and/or service provider cannot go beyond what the Government has ascertained as safe. We are aware that the Fair Work Commission has taken a very expansive approach of what employers can and can’t request from their employees. However, we believe these issues are still subject to be tested before the Courts before we can clearly state that employers can set whatever boundaries and demands they want. We don’t think that such an approach is justified or lawful where there is disability discrimination, merit-based considerations around the legitimacy of arguing that masks and PPE are essential in healthy workers and the implications of going beyond the jurisdiction of Government during states of emergency. 

 Please also download our mask studies here. 

 If the Employer, whether with active mandates or without active mandates, reject the 1st letter and still persist on wanting to force you to see their own doctor and/or psychiatrist to assess you, and persist on the OH&S reasons, you can either participate in the medical assessment and see whether their medical practitioner accepts your reasons or outright reject it and rely on discrediting the science behind the masking.  

Your Employer may also argue that you are unfit for work if your medical exemption shows you can’t wear masks. Such arguments are often framed that you are safety risk if you don’t wear a mask. It is an outrageous proposition however to suggest that you are a safety risk if you are healthy and have no symptoms of disease. The mask does not protect anyone from transmission of disease.   

  Please also download our mask studies here.  

RT-PCR Testing as part of a school request after a child has been absent due to influenza like symptoms, or by an employer after the employee has been absent due to influenza or cold like symtoms.

In general, RT-PCR testing is completely voluntary and not mandatory. Currently, if you are diagnosed with Covid-19 or are deemed as a "close contact" to someone who has been diagnosed with Covid-19, governments accross the states and territories generally have issued directions to deal with the circumstances that require you to self-isolate or self-quarantine. 

As an example, in Victoria, the following directions cover those requirements: 

Diagnosed Persons and Close Contacts Directions (No 15) 

Importantly, as part of those requirements the only entity that can make an assessment as to your diagnosis or close contact status is a qualified individual from the Department of Health in your state and territory. 

Employers and schools do not have the legal right to make such determinations or diagnosis. Therefore, they cannot compel you to quarantine, or request that you have a test to clear yourself of a medical status they suspect you of having. 

In these circumstances, you can use this letter to send to your employer or school on behalf of yourself or your child.

 Please also download our RT-PCR testing supporting info here. 

 Letter V1 - Mandatory Flu Vaccinations - In states where it is no longer mandatory for visitors

 Please also download our supporting information regarding vaccines here.  

The Federal Government have clearly announced that COVID-19 vaccines will be voluntary and there will be no impacts to the family tax benefit and other benefits. Where this has occurred, it is not permissible for either States and/or Territories and Businesses/Employers/Service Providers to enforce the COVID-19 vaccines. 

Despite the Federal Government doing this, they have now made a decision to ask for the residential aged care sector to mandate the COVID-19 vaccinations, in contravention of the promise and undertaking they made to keep it voluntary. 

Unfortunately, many businesses and employers are threatening their staff with COVID-19 vaccinations, irrespective of Government mandates. 
We have put together the following template to assist in articulating the issues:

 Please also download our Covid-19 Vaccine Supporting Research here.