Public Health Amendment Regulations 2018 (WA)

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7 December 2018 GOVERNMENT GAZETTE, WA 4663
HEALTH
H E30

Public Health Act 2016

Public Health Amendment Regulations 2018
Made by the Governor in Executive Council.
1. Citation
These regulations are the Public Health Amendment
Regulations 2018.
2. Commencement
These regulations come into operation as follows —

(a)

regulations 1 and 2— on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on 1 January 2019.

3. Regulations amended
These regulations amend the Public Health Regulations 2017.
4. Part 2A inserted
After regulation 10 insert:

entry in the Australian Immunisation Register;
Part 2A — Immunisation of children

IOA. Terms used
( 1) In this Part —
Australian Immunisation Register means the register
called the Australian Immunisation Register kept under
the Australian Immunisation Register Act 2015
(Commonwealth) section 8;
current, in relation to an immunisation status
certificate for a child, means a certificate issued not
more than 2 months before the most recent date of an
application for enrolment of the child;
immunisation status certificate means an extract of an

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GOVERNMENT GAZETTE, WA

7 December 2018

responsible person, in relation to a child, means any of
the following persons -

(a) a parent of the child;
(b) a guardian of the child;

(c)

another person who has responsibility for the day-to-day care of the child.

(2) Terms used in this Part that are defined in
section 142(1) of the Act have the same meaning in
this Part as they have in that section.

lOB. Immunisation status of a child to be given

(1) If a child is being enrolled or re-enrolled at a school,
the responsible person for the child is required to give
to the person in charge of the school the immunisation
status of the child as recorded on the current
immunisation status certificate for that child.
(2) The person in charge of a school must take all
reasonable steps to ensure that the responsible person
for the child complies with subregulation (1).
Penalty for this subregulation: a fine of $1000.

10C. Person in charge of school to give report on
immunisation status

(1) The Chief Health Officer may direct the person in
charge of a school to give to the Chief Health Officer a
report, in an approved form, in respect of the
immunisation status of—

(a) a child enrolled at the school; or
(b) children enrolled at the school.

(2) A person given a direction under subregulation (1)
must comply with the direction.

Penalty for this subregulation: a fine of $1000.

10D. Person in charge of school to give report on
contracted disease

(1) The Chief Health Officer may direct the person in
charge of a school to give to the Chief Health Officer a
report, in an approved form, in respect of a child
enrolled at the school who has, or who is reasonably
believed to have, contracted a vaccine preventable
notifiable infectious disease.
(2) The report must specify the vaccine preventable
notifiable infectious disease that the child has, or is
reasonably believed to have, contracted.
(3) A person given a direction under subregulation (1)
must comply with the direction.
Penalty for this subregulation: a fine of $1000.

7 December 2018 GOVERNMENT GAZETTE, WA 4665

tOE. Person in charge of school to prevent non-
immunised child attendance at school

(1) The Chief Health Officer may direct the person in
charge of a school not to permit a child to attend the
school if the child has not been immunised against, or
has not acquired immunity from, a vaccine preventable
notifiable infectious disease.
(2) The direction must -

(a) be in writing; and

(b)

specify the vaccine preventable notifiable infectious disease that the child has not been immunised against, or has not acquired immunity from; and

(b)

specify the period of time during which the child is not permitted to attend the school.

(3) A person given a direction under subregulation (1)
must comply with the direction.
Penalty for this subregulation: a fine of $1000.

(4)

If the Chief Health Officer directs that a child is not permitted to attend a school under subregulation (1), the person in charge of the school or an authorised
officer must give written notice to the responsible
person for the child that the child is not permitted to
attend the school.
Penalty for this subregulation: a fine of $1000.
(5) The notice must specify -

(a) the vaccine preventable notifiable infectious
disease that the child has not been immunised
against, or has not acquired immunity from;
and

(b) the period of time during which the child is not permitted to attend the school.

10F. Person in charge of school to close whole or part of
school

(1) The Chief Health Officer may direct the person in
charge of a school to close the whole, or a part, of the
school if the Chief Health Officer considers it
reasonably necessary to limit or prevent the spread of a
vaccine preventable notifiable infectious disease.
(2) The direction must -

(a) be in writing; and

(b)

specify the period of time during which the whole or part of the school is to remain closed.

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GOVERNMENT GAZETTE, WA

7 December 2018

(3) A person given a direction under subregulation (1)
must comply with the direction.
Penalty for this subregulation: a fine of $1000.

lOG. Chief Health Officer may request further
information

(1) This regulation applies if the Chief Health Officer
directs a person in charge of a school to give a report to
the Chief Health Officer in respect of a child who has
not, or children who have not, been immunised against
a vaccine preventable notifiable infectious disease.
(2) The Chief Health Officer may, when giving the
direction or at a later time, request the person in charge
of the school to give further information necessary to
assist in preventing, controlling or abating a public
health risk that might foreseeably arise from the child
or children not being immunised against the vaccine
preventable notifiable infectious disease.
(3) Information requested under subregulation (2) may,
without limitation, include -

(a) the name or names, and other identifying
information, of the child or children; and

(b) the name and contact details of the responsible
person for the child or children.

(4) A person who receives a request under
subregulation (2) must comply with the request.
Penalty for this subregulation: a fine of $1000.
N. HAGLEY, Clerk of the Executive Council.

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Public Health Amendment Regulations 2018 (WA)

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(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 1 January 2019.

(a)	a parent of the child;
(b)	a guardian of the child;
(c)	another person who has responsibility for the day-to-day care of the child.

(2)	Terms used in this Part that are defined in section 142(1) of the Act have the same meaning in this Part as they have in that section.
lOB.	Immunisation status of a child to be given
(1)	If a child is being enrolled or re-enrolled at a school, the responsible person for the child is required to give to the person in charge of the school the immunisation status of the child as recorded on the current immunisation status certificate for that child.
(2)	The person in charge of a school must take all reasonable steps to ensure that the responsible person for the child complies with subregulation (1). Penalty for this subregulation: a fine of $1000.
10C.	Person in charge of school to give report on immunisation status
(1)	The Chief Health Officer may direct the person in charge of a school to give to the Chief Health Officer a report, in an approved form, in respect of the immunisation status of—

(a)	a child enrolled at the school; or
(b)	children enrolled at the school.

tOE.	Person in charge of school to prevent non- immunised child attendance at school
(1)	The Chief Health Officer may direct the person in charge of a school not to permit a child to attend the school if the child has not been immunised against, or has not acquired immunity from, a vaccine preventable notifiable infectious disease.
(2)	The direction must -

(a)	be in writing; and
(b)	specify the vaccine preventable notifiable infectious disease that the child has not been immunised against, or has not acquired immunity from; and
(b)	specify the period of time during which the child is not permitted to attend the school.

(3)	A person given a direction under subregulation (1) must comply with the direction. Penalty for this subregulation: a fine of $1000.
(4)	If the Chief Health Officer directs that a child is not permitted to attend a school under subregulation (1), the person in charge of the school or an authorised
officer must give written notice to the responsible person for the child that the child is not permitted to attend the school. Penalty for this subregulation: a fine of $1000.
(5)	The notice must specify -

10F.	Person in charge of school to close whole or part of school
(1)	The Chief Health Officer may direct the person in charge of a school to close the whole, or a part, of the school if the Chief Health Officer considers it reasonably necessary to limit or prevent the spread of a vaccine preventable notifiable infectious disease.
(2)	The direction must -

(3)	A person given a direction under subregulation (1) must comply with the direction. Penalty for this subregulation: a fine of $1000.
lOG.	Chief Health Officer may request further information
(1)	This regulation applies if the Chief Health Officer directs a person in charge of a school to give a report to the Chief Health Officer in respect of a child who has not, or children who have not, been immunised against a vaccine preventable notifiable infectious disease.
(2)	The Chief Health Officer may, when giving the direction or at a later time, request the person in charge of the school to give further information necessary to assist in preventing, controlling or abating a public health risk that might foreseeably arise from the child or children not being immunised against the vaccine preventable notifiable infectious disease.
(3)	Information requested under subregulation (2) may, without limitation, include -