Untitled document

Public Health and Wellbeing Amendment (No Jab, No Play) Act 2015

No. 55 of 2015

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5New sections 143A, 143B, 143C and 143D inserted

6Immunisation status certificate

7Issuing of immunisation status certificate

8Effect of immunisation status certificate

9Repeal of Amending Act

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Endnotes

1      General information

Public Health and Wellbeing Amendment (No Jab, No Play) Act 2015

No. 55 of 2015

[Assented to 27 October 2015]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Public Health and Wellbeing Act 2008 to increase immunisation rates for young children in the community.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 1 January 2017, it comes into operation on that day.

3Principal Act

In this Act, the Public Health and Wellbeing Act 2008 is called the Principal Act.

4Definitions

In section 3(1) of the Principal Act insert the following definitions—

"age appropriately immunised in relation to a child means that the child is immunised in accordance with the relevant standard vaccination schedule or the relevant catch up vaccination schedule determined under section 4 of the A New Tax (Family Assistance) Act 1999 of the Commonwealth;

early childhood service means the following—

(a)an education and care service within the meaning of section 5(1) of the Education and Care Services National Law (Victoria) but does not include—

(i)an outside school hours care service or a school holiday care service; or

(ii)any part of an education and care service that is an outside school hours care service or a school holiday care service;

(b)a service that is licensed under Part 3 of the Children's Services Act 1996 and is of a class prescribed to be an early childhood service for the purposes of Division 7 of Part 8 of this Act;

person in charge in relation to an early childhood service means—

(a)in the case of an education and care service within the meaning of section 5(1) of the Education and Care Services National Law (Victoria), the approved provider within the meaning of that section;

(b)in the case of a service that is licensed under Part 3 of the Children's Services Act 1996, the proprietor within the meaning of section 3(1) of that Act;".

5New sections 143A, 143B, 143C and 143D inserted

After the heading to Division 7 of Part 8 of the Principal Act insert—

"143A   Application of sections 143B, 143C and 143D

Sections 143B, 143C and 143D apply in relation to any child that is to attend an early childhood service.

143BObligation of person in charge of early childhood service

(1)The person in charge of an early childhood service must ensure that the enrolment of a child at the early childhood service is not confirmed unless a parent of the child has provided to the early childhood service an immunisation status certificate indicating that, in relation to a date that is not more than 2 months immediately before the date that the child first attends the early childhood service—

(a)the child is age appropriately immunised; or

(b)immunisation of the child with one or more vaccines so that the child is age appropriately immunised would be medically contraindicated under the specifications set out in the Australian Immunisation Handbook within the meaning of section 3(1) of the A New Tax (Family Assistance) Act 1999 of the Commonwealth.

143CExemption—early childhood services

(1)Subject to subsection (2), the person in charge of an early childhood service is not required to comply with section 143B in relation to a child if—

(a)the child and the child's parent are evacuated from their place of residence due to an emergency within the meaning of section 3(1) of the Emergency Management Act 2013; or

(b)the child is in emergency care within the meaning of section 3(1) of the Children, Youth and Families Act 2005; or

(c)the child is in the care of an adult who is not the child's parent due to exceptional circumstances such as illness or incapacity; or

(d)a parent of the child states that the child—

(i)is descended from an Aborigine or Torres Strait Islander; and

(ii)identifies as an Aborigine or Torres Strait Islander; and

(iii)is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community; or

(e)the child is in the care of a parent who is the holder of—

(i)a health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth; or

(ii)a pensioner concession card issued under section 1061ZF of the Social Security Act 1991 of the Commonwealth; or

(iii)a Gold Card, being a card issued to a person who is eligible for treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth; or

(iv)a White Card, being a card issued to a person who is eligible for limited treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth; or

(f)the child's birth was a multiple birth, (being the birth of triplets or more); or

(g)a circumstance specified in the guidelines made under section 143D applies in relation to the child.

(2)Within 16 weeks after the date on which the child first attends the early childhood service, the person in charge of the early childhood service must take reasonable steps to ensure that an immunisation status certificate in relation to the child is provided by a parent of the child.

143DSecretary's guidelines in relation to exemption

(1)For the purposes of section 143C(1)(g), the Secretary may make guidelines specifying the circumstances that may apply in relation to a child.

(2)The guidelines made under subsection (1)—

(a)must be published in the Government Gazette; and

(b)come into operation on the date they are published; and

(c)may be revoked by the Secretary.".

6Immunisation status certificate

(1)In section 147(1) of the Principal Act, after "An immunisation status certificate is a document" insert "or a combination of documents".

(2)For section 147(1)(a) of the Principal Act substitute—

"(a)which is an extract of an entry in the Australian Childhood Immunisation Register kept under section 46B of the Health Insurance Act 1973 of the Commonwealth; or".

(3)For section 147(2)(c) and (d) of the Principal Act substitute—

"(c)evidence that the immunisation of the child would be medically contraindicated under the specifications set out in the Australian Immunisation Handbook within the meaning of section 3(1) of the A New Tax (Family Assistance) Act 1999 of the Commonwealth;

(d)a document of a kind specified in a notice made by the Secretary and published in the Government Gazette that sets out the immunisation history of the child.".

7Issuing of immunisation status certificate

In section 148(1)(b) of the Principal Act, after "school" insert "or an early childhood service".

8Effect of immunisation status certificate

At the end of section 149 of the Principal Act insert—

"(2)A person in charge of an early childhood service may rely on statements in an immunisation status certificate.".

9Repeal of Amending Act

This Act is repealed on 1 January 2018.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 16 September 2015

Legislative Council: 8 October 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Public Health and Wellbeing Act 2008 to increase immunisation rates for young children in the community and for other purposes."