Law that could make masks, vaccines enforceable in schools

Schools can legally force students to wear masks and bring back staff vaccine mandates without the government enforcing a new directive.

Schoolchildren are strongly recommended to wear masks as Covid cases increase in the community. Picture: Jake Nowakowski

Parents, principals and epidemiologists have hit out over “confusing” and “unwarranted” advice asking children over eight to wear masks until the end of winter.

The Herald Sun can reveal that some state schools are demanding children now wear masks despite the state government insisting on Tuesday it was still not ­mandatory. 

Malcolm Elliott, president of the Australian Primary Principals Association, said the government recommendation was a “recipe for confusion” putting pressure on ­already stressed schools.

“It is the view of the (association) that it is for governments to make decisions on health and safety measures, not schools, and the manner in which these mask mandates has been implemented is causing mass confusion that will lead to potential conflicts between parents and educators – when what we need is clarity,” he said.

More of the public are opting to wear masks as Covid and Flu cases rise across Victoria. Picture: David Crosling

The chaos has stemmed from a letter signed by the heads of the state, independent and Catholic school sectors “strongly recommending” that students wear masks while in class.

Camberwell High principal Jill Loughlin has told parents masks are expected, but not mandatory, and no sanctions will apply for those without one.

Rates of mask-wearing are as low as one in 10 for students and one in five for staff at government schools such as Auburn High.

But some state schools, such as Gardenvale Primary in Brighton East, have written to parents telling them pupils over eight and staff “will wear masks in class”.

Students at the school have also been prompted to wear their masks outdoors where they can’t socially distance themselves.

The push comes as leading epidemiologists say making school students wear masks is not a proportionate Covid measure.

Lawyers also say mask mandates brought in by schools themselves may be legally enforceable under occupational health and safety laws.

Following a recommendation from independent Schools Victoria, a number of private schools such as Good News Lutheran College in Tarneit are already making children wear masks in class unless they have an exemption.

Paula Barbosa with her daughter, Elise, who is happy to wear a mask. Picture: Tony Gough

Beth Chaney, a parent at the school, said students were not being allowed in the library without a mask and had to carry their exemption.

Alphington Grammar School principal Vivianne Nikou said parents would continue to decide whether to send their children to school wearing masks.

But Oakleigh Grammar principal Mark Robertson said he would have “no hesitation in ­reintroducing compulsory mask-wearing indoors” if there was an increase in Covid cases there.

Paul O’Halloran, a partner at Colin Biggers and Paisley, said schools with high transmission rates of Covid could theoretically be prosecuted by WorkSafe Victoria, with penalties of up to $1.5m applying for failing to protect staff and students.

Independent Schools Victoria chief executive Michelle Green said private schools were acting “on their own initiative … to protect the health and wellbeing of students and staff”.

Nick Duggal, a partner at Moray and Agnew, said independent schools were getting advice on using staff health and safety as a reason to return to mask mandates and even vaccine mandates.