Public Health Amendment Regulations 2019 (WA)
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HE303
Public Health Act 2016
Public Health Amendment Regulations 2019
Made by the Governor in Executive Council.
1. Citation
These regulations amend the Public Health Regulations 2017. These regulations are the Public Health Amendment
Regulations 2019.
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 the day on which the Public Health Amendment (Immunisation Requirements
for Enrolment) Act 2019 section 8 comes into operation.
3. Regulations amended
19 July 2019 GOVERNMENT GAZETTE, WA 2847
4. Part 1A inserted
After regulation 2 insert:Part 1A - Services excluded from meaning of
child care service
2A. Services excluded from meaning of child care
serviceFor the purposes of paragraph (b) of the definition of child care service in section 4(1) of the Act, the following child care services are prescribed -
(a) Education and Care a service described in the regulation 5(2)(c) or (h);
(b) an outside school hours care service, a school holiday care service or any part of a service that is an outside school hours care service or a school holiday care service.
5. Regulation 4A inserted
After regulation 4 insert:
4A. Urgently notifiable infectious disease-related
conditionsThe following notifiable infectious disease-related conditions are declared to be urgently notifiable infectious disease-related conditions -
(a) acute post-streptococcal glomerulonephritis (APSGN); (b) haemolytic uraemic syndrome (HUS).
6. Regulation 6 amended
In regulation 6(2)(e) delete "school" and insert:
school, community kindergarten, child care service
7. Part 2A heading amended
In the heading to Part 2A after "Immunisation" insert:status
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8. Regulation IOA amended
(1) Delete regulation I OA( 1) and insert:
(1) In this Part —
Australian Immunisation Handbook means the
Australian Immunisation Handbook approved as
guidelines under the National Health and Medical
Research Council Act 1992 (Commonwealth)
section 14A;
government school has the meaning given in the
School Education Act 1999 section 4;National Health and Medical Research Council means the National Health and Medical Research Council established by the National Health and
Medical Research Council Act 1992 (Commonwealth)
section 513;
recognised immunisation provider means a recognised
vaccination provider as defined in the Australian
Immunisation Register Act 2015 (Commonwealth)
section 4;
relevant person , in relation to a school, means each ofthe following -
(a) the person in charge of the school; (b)
if the school is a government school, the chief executive officer as defined in the School Education Act 1999 section 229.
(2) In regulation I OA(2) delete "section 142(1)" and insert: section 141 A
9. Regulations 10AA to lOAD inserted
After regulation 1 OA insert:
1 OAA. Period prescribed for definition of current
For the purposes of the definition of current in
section 141A of the Act, the prescribed period is2 months.
10AB. Exempt children
(1) In this regulation -
Veterans' Affairs Department means the Department
of State of the Commonwealth assisting in the
19 July 2019 GOVERNMENT GAZETTE, WA 2849 administration of the Veterans 'Entitlements Act 1986
(Commonwealth).
(2) For the purposes of the definition of exempt child in
section 141A of the Act, the classes of children
specified in column 1 of the Table to subregulation (3)
are prescribed.(3) A child belongs to a class of children specified in
column 1 of the Table if, at the time of the enrolment
of the child, the child meets the description specified
opposite the class in column 2 of the Table.Table
Column 1 Column 2 Name of class Description of child in class
Aboriginal children An Aboriginal child as defined in the
Children and Community Services
Act 2004 section 3.Torres Strait A Tones Strait Islander child as Islander children defined in the Children and
Community Services Act 2004
section 3.Children in need of A child who is in need of protection protection
as defined in the Children and Community Services Act 2004 section 28(2).
Children living in A child who is living in crisis or crisis emergency accommodation because accommodation of— (a) family violence or a risk of
family violence; or (b) homelessness.
Evacuated children A child who has been evacuated
from their ordinary place of
residence because it is in an area of
the State to which a declaration made
under the Emergency Management
Act 2005 section 56 applies.Children in care of A child who is in the care of an adult other than adult, other than their parent or parent or guardian guardian, because of exceptional
circumstances (for example, illness
or incapacity of their parent or
guardian).
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Column 1 Column 2 Name of class Description of child in class
Children in care of A child who is in the care of a holders of certain responsible person who holds any of cards under the following -
Commonwealth law
(a)
an automatic issue health care card issued under the Social Security Act 1991
(Commonwealth)
section 1061 ZS;(b) a pensioner concession card
issued under the Social
Security Act 1991
(Commonwealth)
section 1061ZF;(c) Veterans' Affairs
Department in relation to
the person's entitlement for
treatment under thea Gold Card issued by the Act 1986 (Commonwealth);
(d) Veterans' Affairs
Department in relation to
the person's entitlement for
treatment under thea White Card issued by the Act 1986 (Commonwealth).
Humanitarian visa A child who first entered Australia
children not more than 6 months before the
time of enrolment and who holds, or
whose parent holds, a visa (as
defined in the Migration Act 1958
(Commonwealth) section 5(1)) of
one of the following subclasses -(a) 200 (Refugee);
(b) 201 (In-country Special
Humanitarian);(c) 202 (Global Special
Humanitarian);(d) 203 (Emergency Rescue);
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Column 1 Column 2 Name of class Description of child in class (e) 204 (Woman at Risk);
(f) 785 (Temporary
Protection);(g) 790 (Safe Haven
Enterprise);(h) 866 (Protection). 10AC. Circumstances in which Chief Health Officer may
issue a certificate
(1) In this regulation - scheduled vaccinations, in relation to a child, means
the vaccinations that would, if given to the child, result
in the child's immunisation status being up-to-date.(2) For the purposes of section 141 C( 1 )(a)(i) of the Act,
the circumstances in the Table are prescribed.Table
Circumstance Description of circumstance
Temporary A scheduled vaccination that a child unavailability of has not received at a particular age is vaccine temporarily unavailable (or all of the
vaccines for that vaccination are
temporarily unavailable), due to a
shortage advised to the Department
in writing by the person who
occupies, or is acting in, the position
Officer. of Commonwealth Chief Medical
Child vaccinated A child has not received one or more overseas scheduled vaccinations in Australia,
but the child has received one or
more vaccinations while outside
Australia that have provided the
child with the same level of
immunisation that the child would
have acquired if the child had been
vaccinated with those scheduled
vaccinations, as certified in writing
by a recognised immunisation
provider.
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Circumstance Description of circumstance
Child part of A child is part of a vaccine study approved vaccine approved by a Human Research study Ethics Committee registered with the
National Health and Medical
Research Council, as certified in
writing by the researchers
conducting the study.1 OAD. Immunisation catch-up schedule
For the purposes of section 141 D(2)(d) of the Act, a catch-up schedule is prescribed if it is planned by a recognised immunisation provider in accordance with
the Australian Immunisation Handbook.
10. Regulation lOB deleted
Delete regulation lOB.
11. Regulation 10C amended
In regulation 10C(1):
(a) delete "the person in charge of a school" and insert: the relevant person in relation to a school or the person
in charge of a community kindergarten or child care
service(b) after "in respect of" insert: information given to the person about
(c) in paragraph (a) delete "school; or" and insert: school, community kindergarten or child care service; or
(d) in paragraph (b) delete "school." and insert: school, community kindergarten or child care service.
Note: The heading to amended regulation 100 is to read:
Relevant person or person in charge to give report on immunisation status
19 July 2019 GOVERNMENT GAZETTE, WA 2853 12. Regulation IOD amended
In regulation I01)(1) delete "school" (each occurrence) and insert:
school, community kindergarten or child care service
Note: The heading to amended regulation 100 is to read:
Person in charge to give report on contracted disease
13. Regulation 10E amended
(1) Delete regulation 1 OE( 1) and (2) and insert:
(1) The Chief Health Officer may direct the person in
charge of a school, community kindergarten or child
care service not to permit a child to attend, or
participate in an educational programme of, the school,
community kindergarten or child care service if the
child has not been immunised against 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; and
(c)
specify the period of time during which the child is not permitted to attend, or participate in an educational programme of, the school, community kindergarten or child care service.
(2) Delete regulation 1 OE(4) and insert:
(4) permitted to attend, or participate in an educational If the Chief Health Officer directs that a child is not
programme of, a school, community kindergarten or
child care service under subregulation (1), the person in
charge of the school, community kindergarten or child
care service or an authorised officer must give written
notice to the responsible person for the child that the
child is not permitted to attend, or participate in an
educational programme of, the school, community
kindergarten or child care service.Penalty for this subregulation: a fine of $1000.
(3) In regulation 1OE(5):
(a) in paragraph (a) delete "against, or has not acquired
immunity from; and" and insert:against; and
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(b) in paragraph (b) delete "attend the school." and insert: attend, or participate in an educational programme of,
the school, community kindergarten or child care
service.Note: The heading to amended regulation 10E is to read:
Person In charge to prevent attendance of non-Immunised child
14. Regulation 1OF amended
In regulation 10F(1) and (2) delete "school" (each occurrence) and insert:
school, community kindergarten or child care service
Note: The heading to amended regulation 1OF is to read:
Closure of whole or part of school, community kindergarten or
child care service
15. Regulation 10G amended
(1) Delete regulation 10G(1) and (2) and insert:
(1) This regulation applies if the Chief Health Officer
directs a person to give a report to the Chief Health
Officer under regulation 10C(1).(2) The Chief Health Officer may, when giving the
direction or at a later time, request the person to give to
the Chief Health Officer further information necessary
to assist in preventing, controlling or abating a public
health risk that might foreseeably arise from a child or
children in respect of whom the report is given notbeing immunised against a vaccine preventable
notifiable infectious disease.
(2) In regulation 10G(3)(a) delete "the child or children; and" and
insert:
a child who has not, or children who have not, been immunised against a vaccine preventable notifiable infectious disease; and
R. NELSON, Clerk of the Executive Council.
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