Family Assistance (Immunisation Principles and Vaccination Schedules) (DSS) Determination 2018 (Cth)

Family Assistance (Immunisation Principles and Vaccination Schedules) (DSS) Determination 2018

A New Tax System (Family Assistance) Act 1999

I, Dan Tehan, Minister for Social Services, make the following Determination.

Dated: 22 June 2018

Dan Tehan  

Minister for Social Services

Contents

Part 1      Preliminary

1            Name of Determination

2            Commencement

3            Authority

4            Revocation

5            Savings

6            Application

7           Purpose

8            Definitions

Part 2      Immunisation requirements

9            Decision-making principles

10          Refusal of consent to vaccination etc.

11          Family violence

12          Permanent humanitarian visa holder

13          Unacceptable risk of harm to child or another person

14          Child born on or after 1 January 2017 who has been vaccinated in accordance with Schedule 3

Part 3      Vaccination schedules

15          Standard vaccination schedule

16          Catch up vaccination schedule

Schedule 1 Standard vaccination schedule – child born on or after   1 May 1998 and before 1 July 2012

Schedule 2 Standard vaccination schedule – child born on or after                    1 July 2012 and before 1 October 2014

Schedule 3 Standard vaccination schedule – child born on or after                     1 October 2014 and before 1 January 2017

Schedule 4 Standard vaccination schedule – child born on or after        1 January 2017

Part 1      Preliminary

1. Name of Determination

This Determination is the Family Assistance (Immunisation Principles and Vaccination Schedules) (DSS) Determination 2018.

1. Commencement

This Determination commences on 1 July 2018.

3          Authority

ThisDetermination is made under section 4 and subsection 6(7) of the A New Tax System (Family Assistance) Act 1999.

4          Revocation

The Family Assistance (Vaccination Schedules) (DSS) Determination 2015 and the Family Assistance (Meeting the Immunisation Requirements) Principles 2015 are revoked.

5          Savings

Despite the revocation of the Family Assistance (Meeting the Immunisation Requirements) Principles 2015 in section 4 (and without limiting the effect of item 8 of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017), that instrument continues to apply in relation to working out whether an individual, or an approved child care service, is eligible for child care benefit or child care rebate in respect of a session of care that occurs before, and on, 1 July 2018.

6          Application

This Determination applies in relation to working out an individual’s rate of family tax benefit.

1. Purpose

The purpose of this Determination is to set out:

(a)    in Part 2, the decision-making principles that the Secretary must comply with when making a determination under subsection 6(6) of the Act that a child meets the immunisation requirements; and

(b)   in Part 3, the vaccination schedules for the immunisation of children.

1. Definitions

(1)   In this Determination:

Act means the A New Tax System (Family Assistance) Act 1999.

Australian Immunisation Handbook means the Australian Immunisation Handbook, published by the National Health and Medical Research Council, and as in force from time to time.

family violence has the same meaning as in section 4AB of the Family Law Act 1975.

Hib means Haemophilus influenzae type b.

listed medical practitioner means a medical practitioner whose name has been given to the Commonwealth Chief Medical Officer by the Chief Health Officer of a State or Territory for the purpose of giving certificates under section 13 of this Determination.

member of the immediate family means a person who is a partner, child, parent, grandparent, grandchild or sibling of the person.

National Health and Medical Research Council means the council established by section 5B of the National Health and Medical Research Council Act 1992.

permanent humanitarian visa has the same meaning as in regulation 1.03 of the Migration Regulations 1994, as in force from time to time.

Note 1         Other terms used in this Determination are defined in subsection 3(1) of the Act, including:

(a)     immunised;

(b)     medical practitioner;

(c)     partner; and

(d)     recognised immunisation provider.

Note 2         As of 11 May 2018, the Australian Immunisation Handbook (in its 10th edition) can be found at:

(2)   A reference in this Determination to a child meeting the usual immunisation requirements is a reference to the child meeting the immunisation requirements by reason of subsections 6(2), 6(3), 6(4) or 6(5) of the Act.

Part 2      Immunisation requirements 

1. Decision-making principles

(1) The Secretary may make a determination under subsection 6(6) of the Act if, and only if, the Secretary is satisfied that the requirements in section 10, 11, 12, 13 or 14 of this Determination are met.

(2) If, when making a determination under subsection 6(6) of the Act in relation to a child, the Secretary is satisfied that the child is likely to meet the usual immunisation requirements within a particular period, the Secretary must make the determination for no longer than that period.

Note            The Secretary is able to make another determination under subsection 6(6) of the Act in relation to the child at the end of the period.

(3) If the Secretary makes a determination under subsection 6(6) of the Act in relation to a child because the Secretary is satisfied that the requirements in section 12 of this Determination are met, the Secretary must make the determination for no longer than 6 months after the child’s first entry into Australia.

(4) If, while a determination under subsection 6(6) of the Act is in force in relation to a child, the Secretary is satisfied that the child meets the usual immunisation requirements, the Secretary must revoke the determination.

Note            Subsection 33(3) of the Acts Interpretation Act 1901 applies to the revocation of a determination made under subsection 6(6) of the Act.

1. Refusal of consent to vaccination etc.

The requirements of this section are met if:

(a)an individual has care of the child under a State/Territory child welfare law; and

(b)  neither the individual nor the individual’s partner has legal authority to make decisions about the medical treatment of the child; and

(c)  if the child is aged under 14 years, a person (other than the child) with legal authority to make decisions about the medical treatment of the child has refused, or failed within a reasonable time, to provide consent to the individual taking actions to enable the child to meet the usual immunisation requirements; and

(d) if the child is aged at least 14 years, the child has refused, or failed within a reasonable time, to provide consent to the individual taking actions to enable the child to meet the usual immunisation requirements.

11        Family violence

   The requirements of this section are met if there is a risk that:

(a)  an individual who has care of the child; or

(b)  the child; or

(c)  a member of the immediate family of the individual or the child;

would be subject to family violence if the individual took action to enable the child to meet the usual immunisation requirements.

12        Permanent humanitarian visa holder

   The requirements of this section are met if:

(a)  an individual has care of the child and is the holder of a permanent humanitarian visa; and

(b)  no more than 6 months have passed since the child’s first entry to Australia.

Note           A determination made for these reasons can only be in force for a maximum of 6 months after the child first enters Australia: see subsection 9(3) of this Determination.

13        Unacceptable risk of harm to child or another person

  The requirements of this section are met if:

(a)  a listed medical practitioner has certified in writing, in a form and manner, if any, required by the Secretary, that, for the reasons set out in the certificate, immunisation of the child would result in an unacceptable risk of physical harm to the child or a person administering a vaccination to the child; and

(b)  the Commonwealth Chief Medical Officer has certified in writing that he or she agrees with the listed medical practitioner.

Example                         A child with a disruptive behavioural disorder or developmental disorder who reacts with aggression or defiant behaviour when faced with a medical procedure.

Note Subsection 6(3) of the Act provides that a child meets the immunisation requirements if immunisation of the child would be medically contraindicated, the child has developed natural immunity, or the child is participating in a vaccine study.

14        Child born on or after 1 January 2017 who has been vaccinated in accordance with Schedule 3

   The requirements of this section are met if:

(a)    the child is born on or after 1 January 2017 and before 1 February 2018;

(b)   the child has not received the vaccinations in accordance with Schedule 4 for Pneumococcal and Hib; and

(c)    the child has received the vaccinations in accordance with Schedule 3 (including for Pneumococcal and Hib).

Part 3      Vaccination schedules

15        Standard vaccination schedule

(1)   For paragraph (a) of the definition of immunised in subsection 3(1) of the Act, the standard vaccination schedule for a child is determined by the following table.

If the child was born…	… then the standard vaccination schedule for the child is the schedule set out in the following Schedule to this determination
on or after 1 May 1998 and before 1 July 2012	Schedule 1
on or after 1 July 2012 and before 1 October 2014	Schedule 2
on or after 1 October 2014 and before 1 January 2017	Schedule 3
on or after 1 January 2017	Schedule 4

(2)   The following paragraphs form part of the standard vaccination schedules mentioned in subsection (1):

(a)   a child must receive a vaccination against each antigen or disease mentioned in column 3 of an item of the standard vaccination schedule for the child no later than one month after reaching the age mentioned in column 2 for that item; and

(b) the vaccine for the vaccination against each antigen or disease mentioned in the standard vaccination schedule for a child must be, if the child receives the vaccination in Australia:

(i)    administered to the child by a recognised immunisation provider; and

(ii) registered as a vaccine on the Australian Register of Therapeutic Goods maintained under section 9A of the Therapeutic Goods Act 1989.

16        Catch up vaccination schedule

For paragraph (b) of the definition of immunised in subsection 3(1) of the Act, the catch up vaccination schedule for a child is the catch up vaccination schedule for the child determined in accordance with the Australian Immunisation Handbook, to the extent that the schedule relates to the antigens and diseases mentioned in column 3 of Schedules 1 to 4 to this determination (relevant antigens and diseases).

Note 1         As of 11 May 2018, the catch up vaccination schedule was in section 2.1.5 of the Australian Immunisation Handbook.

Note 2         It is intended that the timing of catch up vaccinations will be individual to the particular child after appropriate consideration by the recognised immunisation provider of any diseases or antigens the child may already have been vaccinated against.

Schedule 1        Standard vaccination schedule
   – child born on or after 1 May 1998 and
     before 1 July 2012

Column 1	Column 2	Column 3
Item	Child’s age	Antigen or disease
1	2 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B*
2	4 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B*
3	6 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B (or at 12 months)*
4	12 months	Measles Mumps Rubella Hib Hepatitis B (or at 6 months)*
5	4 years	Diphtheria Tetanus Pertussis Polio Measles Mumps Rubella

* Hepatitis B is required for a child born on or after 1 May 2000.

Schedule 2        Standard vaccination schedule
     – child born on or after 1 July 2012  
     and before 1 October 2014

Column 1	Column 2	Column 3
Item	Child’s age	Antigen or disease
1	2 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B Pneumococcal
2	4 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B Pneumococcal
3	6 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B  (or at 12 months) Pneumococcal
4	12 months	Measles Mumps Rubella Hib Hepatitis B  (or at 6 months) Meningococcal C
5	18 months	Measles Mumps Rubella Varicella
6	4 years	Diphtheria Tetanus Pertussis Polio

Schedule 3        Standard vaccination schedule
       – child born on or after
                             1 October 2014 and before 1 January    2017

Column 1	Column 2	Column 3
Item	Child’s age	Antigen or disease
1	2 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B Pneumococcal
2	4 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B Pneumococcal
3	6 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B Pneumococcal
4	12 months	Measles Mumps Rubella Hib Meningococcal C
5	18 months	Measles Mumps Rubella Varicella Diphtheria Tetanus Pertussis
6	4 years	Diphtheria Tetanus Pertussis Polio

Schedule 4        Standard vaccination schedule
       – child born on or after
   1 January 2017

Column 1	Column 2	Column 3
Item	Child’s age	Antigen or disease
1	2 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B Pneumococcal
2	4 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B Pneumococcal
3	6 months	Diphtheria Tetanus Pertussis Polio Hib Hepatitis B
4	12 months	Measles Mumps Rubella *Pneumococcal Meningococcal C
5	18 months	Measles Mumps Rubella Varicella Diphtheria Tetanus Pertussis **Hib
6	4 years	Diphtheria Tetanus Pertussis Polio

*Note 1:     A child born on or after 1 January 2017 and before 1 February 2018 who has already received the third vaccination against Pneumococcal in accordance with item 3 of Schedule 3 at 6 months, is not required to receive another vaccination against Pneumococcal in accordance with this Schedule for purposes of meeting the immunisation requirements for family tax benefit.

**Note 2:   A child born on or after 1 January 2017 and before 1 February 2018 who has already received the fourth vaccination against Hib in accordance with item 4 of Schedule 3 at 12 months, is not required to receive another vaccination against Hib in accordance with this Schedule for purposes of meeting the immunisation requirements for family tax benefit.