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PUBLIC HEALTH ACT 2016 (WA)Sections 157(1)(e), 157(1)(k), 180 and 190(1)(p)WA POLICE MISSION CRITICAL AREAS (RESTRICTIONS ONACCESS) DIRECTIONS (No 3)The World Health Organization declared COVID-19 a pandemic on 11 March 2020.On 23 March 2020, the Minister for Health declared a public health state of emergency witheffect from 1.30 pm on 23 March 2020 in respect of COVID-19 pursuant to section 167 of thePublic Health Act 2016 (WA) (Act). On 22 September 2021, the Minister for Health declareda further public health state of emergency with effect from 4.25 pm on 22 September 2021 inrespect of COVID-19 pursuant to section 167 of the Act. The public health state of emergencyapplies to the State of Western Australia.I, Dr Andrew Robertson, the Chief Health Officer, authorised as an emergency officer undersection 4 of the Act to exercise any of the emergency powers while the public health state ofemergency declaration in respect of COVID-19 is in force, consider it reasonably necessary togive the following directions to all persons in Western Australia to prevent, control or abatethe serious public health risk presented by COVID-19 pursuant to sections 157(1)(e),157(1)(k), 180 and 190(1)(p) of the Act.PREAMBLE1.The purpose of these directions is to put in place some measures to address the uniquerisks posed by COVID-19 in mission critical police settings, in order to limit the spreadof COVID-19 in Western Australia and ensure critical police facilities are available tohelp manage the current public health state of emergency.CITATION2.These directions may be referred to as the WA Police Mission Critical Areas(Restrictions on Access) Directions (No 3).COMMENCEMENT3.These directions come into effect at 12:01 am on 27 September 2021.

DIRECTIONSAccess Restrictions Applying to Mission Critical Area Workers4.Subject to paragraphs 5 and 6, a person who is a mission critical area worker must notenter, or remain at, a mission critical area:(a)on and from 12:01 am on 27 September 2021, if the person has not beenpartially vaccinated against COVID-19; and(b)on and from 12:01 am on 27 October 2021, if the person has not been fullyvaccinated against COVID-19.General Vaccination Requirements5.Where only part of premises are being used as a mission critical area, nothing in thesedirections prevents a mission critical area worker who does not meet the requirementsof paragraph 4 from entering that part of the premises which is not being used as amission critical area.6.Nothing in these directions prevents a person who does not meet the requirements ofparagraph 4 from entering any part of a mission critical area for the purposes of:(a)performing maintenance or repairs, but only to the extent that, due to the natureof the maintenance or repairs, it is not reasonably practicable for thatmaintenance or repairs to be performed by a mission critical area worker whois fully or partially vaccinated against COVID-19, and subject to any terms andconditions specified by the business area manager; or(b)in pursuance of a statutory duty arising under a law of the Commonwealth thatcannot reasonably be performed other than by entering the mission critical area;or(c)performing any function or duty or exercising any right or power under a FairWork entry pennit issued by the Fair Work Commission under the Fair WorkAct 2009 (Cth) Qr a Work Health and Safety entry permit issued by the FairWork Commission under the Work Health and Safety Act 2011 (Cth) or a rightof entry permit issued by the Registrar of the Department of the RegistrarWestern Australian Industrial Relations Commission under the IndustrialRelations Act 1979 (WA); or(d)responding to an emergency in a capacity other than as an ambulance officeror health care worker,

and to the extent that a mission critical area worker enters a mission critical area forany of the purposes in paragraph (a) to (d), then the mission critical area worker isdeemed to be an ex mpt person at any time they enter or remain at the mission criticalarea for that purpose.Example: a fire fighter responding to an emergency would be a person referred to inparagraph 6(d).7.A mission critical area worker must produce for inspection and recording, evidence inthe form approved by the Chief Healtb Officer of their vaccination status, if(a)directed to do so by an emergency officer or a nominated officer; or(b)required to do so by their employer or by the person apparently in charge of themission critical area.8.The employer or person apparently in charge of the mission critical area must:(a)take all reasonable and lawful steps to collect and maintain a record of thevaccination status of each mission critical area worker of the mission criticalarea; and(b)on request, provide any record of the kind referred to in paragraph (a) that theemployer or person apparently in charge of a mission critical area has collectedand maintained to an emergency officer or a nominated officer as soon aspracticable after the request is made; and(c)not use or disclose any record of the kind referred to in paragraph (a) except:i. as provided for in this paragraph 8; or11.as permitted or required by law, including any law of theCommonwealth; or111.for the purposes of ascertaining compliance with any employer direction-restricting entry to a mission critical area; oriv. to the extent that the person expressly provided the person's vaccinationstatus for a purpose other these directions,and

(d)take reasonable steps to protect any record it holds of the kind referred to inparagraph (a) from:1.11.misuse and loss; andunauthorised access, modification or disclosure.DEFINITIONSFor the purposes of these directions:9.Ambulance officer means a person employed or otherwise engaged, including in avoluntary capacity, by:(a)St John Ambulance Western Australia Limited;(b)Serco Group Proprietary Limited;(c)Department of Fire and Emergency Services;(d)CHC Helicopters Australia; or(e)any other company or entity providing similar services to those organisationsand who the Chief Health Officer specifies for the purposes of this paragraph,but only at a time when that person is providing ambulance and related services in thatcapacity at the mission critical area.10.Business area manager means the staff member at the mission critical area appointedby a District or Divisional Superintendent or head of District or Divisional equivalent,who is responsible for the day to day management of a nominated Western AustralianPolice Force business unit.11.Chief Health Officer has the same meaning that it has in the Act.12.Direction inc1udes any direction under the Act, or the Emergency Management Act2005, whether the direction is gi:ven orally or in writing, and directed includes directedby way of a direction under the Act, whether the direction is given orally or in writing.13.Emergency officer has the same meaning that it has in the Act.14.Exempt person means, to the extent that any such person is a mission critical areaworker:(a)a person who has:1.a medical exemption (as defined in paragraph 17) of which the personprovides proof on request by a person referred to in paragraph 7; orn. a temporary exemption of which the person provides proof on requestby a person referred to in paragraph 7;

ora person who is deemed by paragraph 6 of these directions to b e an exempt(b)person; or(c)any other person or class of person, approved by the business area manager;who is required at the mission critical area to assist in critical police work, or tocomply with a detention requirement that cannot practically be facilitatedelsewhere and subject to any terms and conditions specified by the business areamanager; or(d)any other person or class of persons who the Chief Health Officer, or a personauthorised by the Chief Health Officer for the purposes of this paragraph,declares in writing to be an exempt person upon receipt of a request forexemption in the form specified by the Chief Health Officer and subject to anytenns and conditions specified.15.Fully vaccinated means that the person has been administered with two doses of aCOVID-19 vaccine registered by the Therapeutic Goods Administration.16.Health care worker means a person who provides health, medical, nursing, pathology,pharmaceutical, social work or allied health senices to a person at a mission criticalarea (irrespective of whether those services are provided for consideration or on avoluntary basis and irrespective of whether that person is employed or engaged,including in an unpaid or voluntary b asis, by the owner or operator of the missioncritical area or a third party who provides goods and services at the mission critical areafor or on behalf of the owner or operator of a mission critical area or some other person).17.Medical exemption means a medical exemption recorded on the AustralianImmunisation Register and displayed on the individual's Immunisation HistoryStatement.18.l\1ission critical area means the following premises:(a)Perth Watch House withln the Perth Police Complex based in Northbridge;(b)Police Assistance Centre and Police Operations Centre based in Midland;( c)State Operations Command Centre at the Maylands Police Complex;(d)Tactical Response Group facility based at the Maylands Police Complex;(e)the Operation Tide premises located at, East Perth in the Stateof Western Australia;(f)the COVID-19 Vaccination Command premises located at-East Perth in the State of Western Australia;

(g)the Cannington Complex (including the Cannington Business ContinuityFacility and Cannington District Office) located at 8 Burton Street, Canningtonin the State of Western Australia; and(h)any other police facility specified by the Chief Health Officer in writing or anyperson authorised by him for that purpose.19.Mission critical area worker means a person of the kind set out in Column 1 of thetable in Schedule 1 other than an exempt person (even if the exempt person falls withinColumn 1 of the table in Schedule 1).20.Nominated officer means a police officer of the Western Australian Police Force or anemployee engaged in the Western Australian Police Service authorised by the ChiefHealth Officer orally or in writing to perform a function for the purposes of thesedirections.21.Partially vaccinated means that the person has been administered with at least onedose of a COVID-19 vaccine registered by the Therapeutic Goods Administration.22.Premises has the same meaning that it has in the Act.23.Symptoms means any one or more of:(a)a fever of 37.5 degrees or above; or(b)a recent history of fever; or(c)symptoms of acute respiratory infection (including, but without limitation,shortness ofbreath, a cough or sore throat); or(d)24.loss of smell or loss of taste.Temporary exemption means an exemption approved by me or a person authorisedby me for that purpose whether in relation to an individual or a class of persons andsubject to any terms and conditions specified in that approval.25.Vaccination status means whether a mission critical area worker has been partially orfully vaccinated or whether they are an exempt person.

PENALTIESIt is an offence for a person to fail, without reasonable excuse, to comply with any of thesedirections, punishable by a fine of up to 20,000 for individuals and 100,000 for bodiescorporate.Dr Andrew RobertsonEmergency Officer2 z September 2021 z tO Ifhours