COVID-19 vaccine: NSW Premier suggests venues might bar entry to those that refuse jab

Hancock also highlighted potential issues related to anti-discrimination law violations.

Australian law protects people from discrimination based on their age, race, disability, gender identity, sexual orientation and intersex status.

There is no specific protection for a person’s decision to be vaccinated, but the Disability Discrimination Act 1992 includes the presence of organisms in the body that can cause disease as part of its definition of disability.

“It could be an argument that venues discriminate against people based on a disability or a potential disability based on the disposition or actual contraction of COVID-19,” Hancock said.

There is an exception built into infectious disease legislation that says it is lawful to discriminate against a person if their disability is an infectious disease and it is in the public health interest – but as Hancock pointed out, this would only apply to a person who has COVID-19.