VACCINE PARLIAMENTARIAN EXEMPTIONS?

Dear Sir Madam 20/10/2021.

I am wondering if you would be able to confirm the information on this social media post as correct or not.

Good afternoon Ben and thank you for contacting the Parliamentary Information Service. 

We suggest you direct this question to the Speaker’s Office for definitive advice speakers.office@parliament.govt.nz . The Speaker does exercise control and access to the Parliamentary Precinct but how this stands against obstructing or impeding a member from carrying out their duties (Privilege) is unclear from available sources.

The Speaker has sought advice around staff and the public on the precinct https://www.rnz.co.nz/news/political/452102/banning-unvaccinated-people-from-parliament-grounds-could-set-precedent-expert .

Sorry we could not be of more assistance in this instance.

Regards

John

Good afternoon below is my correspondence with the PIS, visa whether mandatory vaccine is a planned for parliament, or whether parliamentarians will have or do have an exemption from vaccines. They advised me to refer my query to the speaker for clarification and specific on what the vaccine exemptions may or may not be.
If you could reply promptly to my OIA on this it would be appreciated Ben Vidgen.

Good afternoon,

Thank you for your email regarding COVID-19 vaccination and Parliament.

Please note we are not subject to the OIA but endeavour to respond to requests in the spirit of the Act.

On this occasion the information you request is not available, as the matter is still being considered.

The priority as always remains ensuring the safety and wellbeing of all those at Parliament and who visit the precinct.

Kind regards,

Jessie Manning on behalf of

Speaker’s Office

Rt Hon Trevor Mallard, Speaker of the NZ House of Representatives
DDI +64 4 817 9321 | Office Email speakers.office@parliament.govt.nz

While we waiting Mr Murka did a bit of leg work for us.


No mention of mandatory jab for MPs here, in fact Mallards statements specifically focus in staff.
Perhaps it’s a futile exercise either mandating or exempting when only 3 of 120 remain unvaccinated and those three are “in process”. 

4 days ago all “eligible” MPs have had one dose

Orders Made; This page  The first Vaccinations Order came into force at 11.59pm on 30 April requiring that all work in MIQ settings must be undertaken by people who have been vaccinated against COVID-19. This also applied to many government officials undertaking work in other high-risk border settings.The expanded Vaccination Order, which makes it compulsory for most border workers to be vaccinated, was announced by the Government on 8 July and comes into effect at midnight on 14 July 2021. Any unvaccinated workers who have previously been assigned to work in these settings will need to discuss alternative options with their employers. They will not be able to continue to work in high-risk environments until they are vaccinated. Version as at 17 October 2021

COVID-19 Public Health Response (Vaccinations) Order 2021
(LI 2021/94)

COVID-19 Public Health Response (Vaccinations) Order 2021
Link to section 11 duties of affected person regarding vaccination records
COVID-19 Public Health Response (Vaccinations) Amendment Order 2021
The specific roles affected by the Order are outlined in Schedule 2.
Schedule 2   
——–
What they’re not highlighting is section 12A
12New clause 12A and cross-heading inserted
After clause 12, insert:
Exemptions
12APower of Minister to grant exemptions
(1)
A relevant PCBU may, by notice in writing to the Minister, apply for an exemption for a person specified in the application from any other provision of this order.
(2)
The relevant PCBU must, in writing, inform the person specified in the application of the application.
(3)
If the Minister receives an application, the Minister may ask the relevant PCBU to provide any evidence or other information that the Minister reasonably requires for the purposes of deciding whether to grant the exemption.
(4)
The Minister may exempt the person specified in the application from any provision of this order for a specified period if satisfied, on the basis of the evidence or other information provided, that—
(a)
the exemption is necessary or desirable—
(i)
to promote the purposes of the Act; and
(ii)
to prevent significant disruption to essential supply chains; and
(b)
the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.
(5)
Before granting an exemption, the Minister must take into account—
(a)
the potential for significant supply chain disruption if the work carried out by a particular person does not occur, including the extent of the risk to the public interest if the work does not occur; and
(b)
the extent to which the work is necessary, including whether it could reasonably be—
(i)
delayed to facilitate the vaccination of the persons needed to carry out work; or
(ii)
performed by other persons who have been vaccinated; and
(c)
the public health risk associated with the work.
(6)
The Minister may impose conditions on the exemption as the Minister considers necessary.
(7)
The Minister must, in writing, inform the relevant PCBU and the person specified in the application of the outcome of the application and, if the exemption is granted, when the exemption expires.
(8)
If an exemption is granted under this clause, the relevant PCBU must provide the person exempted with written notice of the exemption that states when the exemption expires.
Compare: LI 2021/6 cl 46
——-
Given the above the potential for exemptions exists and seems to be discretionary.
Beyond that is the Worksafe guidance which references all of the above.


So, this raises the question is an MP an employee or a PCBU?


Do the do PAYE, is there an employment contract written and signed or otherwise implied?  If so who is their PCBU, and what is their policy.

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