Vaccination Act 1872 (SA)

ANNO TRICESIMO QUINTO ET TRICESIMO SEXTO

VICTORIA3 REGINB.

no* 21.

An Act to consolidate and amend the Laws relating to Vaccination.

[Assented to, 6th November, 1872.1

E it Enacted by the Governor of the Province of South AUS- Preamble.

and House of Assembly of the said Province, in this present Par-	B tralia, with the advice and consent of the Legislative Council
liament assembled, as follows:
1. Act No. 16 of 1853, intituled " An Act to extend and make compulsory the practice of Vaccination," and Act No. 15 of 1854, intituled "An Act to amend An Act to e x t e ~ d and make com- pulsory the practice of Vaccination,"' are hereby repealed; but this repeal shall not affect anything done or suffered, or any right or liability accrued before the passing of this Act, or any remedy or proceeding in respect of any such thing, right, or liability.

DD

2. In this Act the word " Parent " shall include the father and Interprdatlon of

mother of a legitimate child, and the mother of an illegitimate terms.

child; the words Medical Practitioner " shall mean a legally

qualified medical practitioner within the intent of Ordinance No.

'L7 of 1844, and KO. 1 of 1846; and the words " Registrar of

Births" shall mean and include the Registrar-General of Births,

Deaths, and Marriages, and any Deputy Registrar, District Regis-

trar of Births, Deaths, and Narriages, or any Assistant Registrar of

Births and Deaths.

3. From and after the passing of this Act, the Central Vaccine central vaccine

Board, established under the provisions of the said Act No. 16 of Board abO1i'hed.

1853 shall be abolished, and its powers and authorities shall

absolutely determine. 4. In

l

ICTORIiE, No. 21.

The Vaccinatiorn Act-1 872.

Vaccination officer to 4.

In place of the said Board, there shall be a Vaccination Officer, who shall be appointed and removable by the Governor, with the advice of the Executive Council, and such officer shall perform the duties imposed upon him by this Act.

be appointed.

Appointment of

Yublic Vaccinators,	5. The Governor, with the advice aforesaid, may appoint and at pleasure remove any medical practitioners, or other suitable pemons, as Public Vaccinators, and such Public Vaccinators shall perform the duties imposed upon them by this Act.
Fee for ~uccesaful	6. Every Public Vaccinator shall be entitled to receive out of the Public Revenue of the said Province the sum of Two Shillings and Sixpence far every successful case of vaccination performed and certified by him, as hereinafter mentioned.
vaccination.
Vaccinematter

kept. be 7. The Vaccination Officer shall from time to time, and at all

times as far as practicable, procure and preserve a due and sufficient supply of lymph or vaccine matter, and shall furnish the same, without charge, to the Public Vaccinators, and, as far as practicable, to all medical practitioners who shall apply for the same.

Public Vaccinator t a

aupply forms.	8. The Vaccination Officer shall, from time to time as occasion shall require, after the passing of this Act, frame and provide appro- priate books, forms, and regulations for the use and guidance of the Registrars of Births in the exercise of such of tlheir duties as are herein prescribed, and also such forms as shall be required for the
See Vaccination Act,	use of the Public Vaccinators and medical practitioners under the
1867, sec. 14.	provisions of this Act, and shall transmit the satme to all Registrars of Births, Public Vaccinators, and medica'l practitioners within the said Province without any fee or reward.

Registrar nf Births to	9.	The Registrar of Births shall, on or before the seventh day after
deliver notice to

parent or O ~ ~ B P perBon the registration with him of the birth of any child not already vacci-

registering quiring child birth to be re- nated, give a notice acEording to the form marked A in the Schedule

vacoinated.

hereto, or to the like effect, to the parent (or, in the event of the death, illness, absence, or inability of the parent, to the person

Sec 16.

having the custody, or registering the birth of such child, if known to him), requiring such child to be duly vaccinated according to the provisions of this Act, and specifying the names and addresses of the Public Vaccinators supposed by him to be nearest to the place wherein such parent or person resides, to which notice forms according to those marked B, C, and D, in the Schedule hereto, and also the address of the registrar giving the notice shall be attached, in such form as the Vaccination Officer shall deem most convenient.

Or per-

aon to procure the	10. The parent of every child born in the said Province shall, the death, illness, absence, or inability of the parent, or other cause, any other person shall have the custody of such child, such person shall, within six months after receiving the custody of such child, take it, or cnuw it to be taken, to a Public Vaccinator to be vaccinated,
vaccination of child	within six months after the birth of such child, or where, by reason of
withb six

or

35" & 36O VICTORIB, No. 91.

The Vaccination Act.--1872.

or shall, within such period ss aforesaid, cause it to be vaccinated

by some medical practitioner, and the Public Vaccinator, to whom

such child shall be so brought, is hereby required, with all reason- able dispatch, subject to the conditions hereinafter mentioned, to vaccinate such child.

11. Upon the same day in the following week, when the operation hv i s ion for innpm tion of ~accination,

shall have been performed by the Public Vaccinator, such parent or other person, as the case may be, shall again take the child, or cause it to be taken to him, that he may inspect it, and ascertain the result of the operation, and, if he see fit, take from such child lymph for

the performance of other vaccinations; and in the event of the vac- Sec, l,.

cination being ~znsuccessful, such parclit or othcr person shall, i f the vaccinator so direct, cause the child to be forthwith again vaccinated and inspected as on the previous occasion.

12, If any Public Vaccinator or mcdical practitioner shall be of Provision for the un-

opinion that the child is not in a fit and propcr state to be success- fitness of the child for

fully vaccinated, he shall forthwith deliver to the parent, or other person having the custody of such child, a certificate under his hand, according to the form marked B in the Schedule hereto, or to Sac. 1s.

the like effect, that the child is then in a state unfit for successful vaccination, which certificate shall remain in force for two months, and shall be renewable for successive periods of two months, until n Public Vaccinator or niedickl practitioner shall deem the child to be in a fit state for successful vaccination, when the child shall, with all reasonable dispatch, be vaccinated, and the certificate of success- ful vaccination duly given, if warranted by the result.

13. At or before the end of each successive period the parent, 9roviaionfo'"ceefi swe certificates.

or such person as aforesaid, shall take, or cause the child to be taken, to some Public Vaccinntor or medical practitioner, who shall

then examine the child, and give the ccrtificatc accordi~g to the said sec. 19.

form B so long as he deems requisite under the circumstances of

the case.

14. If any such Public Vaccinator or medical practitioner shall find that a child whom he has three times unsuccessf~~llv ::",I;~-

vaccinated vaccination.

is not susceptible of sncccssful vaccination, or that a cfiild brought

to him for vaccination has already had the small pox, he sl~all ddiser

to the parent, or other person as aforesaid, a certificate under his	20.
hand according to the form marked C in the Schedule hereto, or to the like effect, and the parent, or such person as aforesaid, shall henceforth not be required to cause the child to be vaccinated.

nUcCesn*

15. Every Public Vaccinator, or medical practitioner wlio shall Certificate ful vneoination to be

have performed the operation of vaccination upon any child, and transmitted tothe

have ascertained that the same has been successful, shall, withinone ~ V ~ ~ ~ ~ ~ & ~ ~ ~ ~ ; e n

calendar month after the performance of the operation, transmit, by to the pnrent.

post or otherwise, to the Vaccination Officer, a certificate according

to form marked D in the said Schedule, or to the like effect, certi- 21s

fying

The Vaccination A c t. 1 8 7 2.

fying that the said child has been successfully vaccinated, and, upon request, shall deliver a duplicate thereof to the parent or other per- son as aforesaid.

~ o f e e t o b o	chuged	16. NO fee or remuneration shall be charged by any Public duplicate certificate as aforesaid, nor for any vaccination done under this Act, nor shall he be entitled to any payment under this Act for any vaccination or certificate in respect of which he shall have been paid by the parent or other person for whom or on whom it is yer- formed.
for certificate.	Vaccinator to the parent or other person for any such certificate or
sea, 22.

Reegiatrsr to fomma

returns of births and 17. The Registrar of Births shall once, at least, in every calendar a return certified under thc hand of the Registrar to be a true return of all births and of all deaths of infants under twelve

deaths to yaccinutian	month trananiit by post, or otherwise, to the Vaccination Officer,
OBcer.
Act of 1871, sea. 8.	months of age, which have, since the date of the last return (or in the case of the first return since thc passing of this Act), been registered by such Registrar.

Vaccination OHcer to 18. The Vaccination Officer shall, from such returns, and from

keep register.	the certificates so to be forwarded to him by the Public Vaccinators,
and medical practitioners, as aforesaid, make out and keep an
alphabetical register of all cases of successful and unsuccessful vaccination; and all persons shall be at liberty to peruse the same and make extracts therefrom, upon paynient of the fee of One Shilling.

Penalty for pre-	19. Any person who prevents auy Public Vaccinator or qualified
venting

from taking lymph,	medical practitioner from taking lymph once from an) child whom
Act of 1871, sec, 10.	he has vaccinated, as provided bp section 11 of this Act, shall be liable, on conviction, to pay a penalty not exceeding Twenty Shillings.

Penalty an persons	20. Any person who shall, after the passing of this Act, produce, or attempt to produce, by i~oculation,	with variolous matter, or by
inOcdtina	U ~ ~ U - P O X.

wilful exposure to variolous mattcr, or to m y article, matter, or

A C ~ of 1067, sec. 32. thing impregnated with variolous matter, or wilfully, by any other means whatsoever, produce the disease of small-pox in any person shall be liable, on conviction, to be imprisoned for any term nut exceeding six calendar months.

Penelty on parent 21. Every parent or person having the custody of a child, who

vaccination of child.

to procure shall neglect to take such child, or cause it to be taken, to be

vaccinated, or, after vaccination, to be inspected, according to the

provisions of this Act, and shall uot rendef a reasonable excuse for

-rbia, 29.

his neglect, shall be liable, on conviction, to pay a penalty not

exceeding Two Pounds

Pende on yeminator 22. Every Public Vaccinator or medical practitioner who shall

~ l e c t i n 6

to 8% neglect to tranemit any certificate required of him by the provisions

of

35" & 36" VICTORI%, No. 21.

The Vaccination Act.-1872.

certificates, and giving

of this Act, completely filled up and legibly written to the Vaccina-	false certzcates.
tion Officer, or who shall refuse to deliver the duplicate to the	Ib. 30.
parent or other person on request, or who shall refuse to fill up and sign the certificate of successful vaccination when submitted to him as aforesaid, shall be liable, on conviction, to a penalty not exceeding Five Pounds; and every person who shall wilfully sign
a, false certificate or duplicate under this Act shall be guilty of a
misdemeanour, and be liable, on conviction, to a fine or to irnprison- rnent, with or'without hard labor, for a period not exceeding two years.

23. Every medical practitioner, not being a Public Vaccinator,	certificate.
Fee for forwarding

who shall transmit to the Vaccination Office the certificate required by section 15 of this Act shall be entitled to receive out of the General Revenue of the said Province a fee of Onc Shilling for each case of successful vaccination certified by him,

24. If the Vaccination Officer, or any Registrar of Births, or Tublic Vaccinator, or medical practitioner shall give information	make order for vacci-
Juatice of Peace may
nation of children

in writing to a ~ust ice of the Peace for the saiJ Province that under fourteen.

he has reason to belicvc that any child under the age of fourteen ycars has not been successfully vaccinated, and that he has given notice to the parent or person having the custody of such child to procure its being vaccinated, and that this notice has 8ec. 31.

been disregarded, the Justice may summon such parent or person to appear with the child beforc him at a certain time and place, and upon the appearance, if the Justice shall find, after such examination as he shall deem necessary, that the child has not been vaccinated, nor has already had the small-pox, he may, if

he see fit, make an order under his hand and seal directing such

child to be vaccinated within a certain time: and if, at the cspiration of such time, the child shall not have bccn so vaccinated, or shall not be shown to be then unfit to be vaccinated, or to be not

have been made shall be proceeded against summarily, and unless

susceptible of vaccination, thc person upon whom such order shall

he can show some reasonable ground for his omission to carry the order into eEect, shall be liable to a penalty not exceeding Twenty Shillings for every such omission; and notwithstanding any con- viction uuder this section the person offending may again be pro- ceeded against, and no conviction shall be a bar to any future

proceedings if the ch'ild shall not have been vaccinated: Provided Proviso for costa to

that if the Justice shall be of opinion that the person is impropcrly ~ ~ ~ ~ ' ~ ~ p e r l y

brought before him, and shall refuse to make any order for the

vacc&ation of the child, hc rimy order the informandto pay to such

person such sum of money as he shall consider to be a fair com-

pensation for his expense8 and loss of time in attending before the

Justice.

25. In any prosecution for neglect to procure the vaccination of ~ o t i c e n o t ~ b e ~ r o ~ e d

a child, or in any proceeding before a Justice under the preceding by proseautors.

clause, it shall not be necessary in support thereof to prove tha,t

the

Jm

I 36" & 36" VICTORIE, No. 21.

The 'C7accinution Act.-1 872.

the defendant had received notice from the Vaccination Officer Registrar, or any other officer, of the requirements of the law in

ferroe. Certiioah8 to be de- this respect, or to prove that the child has not been vaccinated;

but if the defendant produce any such certificate as hereinbefore described, or the register of vaccinations kept by the Vaccination

sec, 34.	Officer, as hereinbefore provided, or a certified extract therefrom, in which the certificate of successful vaccination of such child shall
be duly entered, the same shall be a sufficient defence for him,
except in regard to the certificate marked B in the Schedule hereto, when the time specified therein for the postponement of the vacci- nation shall have expired before the time when thc information shall have been laid.
Regulations may be
made.	26. The Governor in Council may make and publish such regu- lations as to him shall seem meet, for carrying out the objects, purposes, and provisions of this Act, and may from time to time rescind, alter, and amend the same, and make other regulations in lieu thereof, and every regulation, when published in the South Australian Government Gazette, shall, if not inconsistent with this Act, have the force of law.
Pmaeain@

WE to be heard for and offen- 27. Every proceeding under thiy Act, for acts and offences to

actermined under or. which penalties attach, shall be heard and determined in a summary

aimceNo. Of 1860. way by any Special Magistrate or two Justices of the Peace for the

said Province, under the provisions of an Ordinance of the Governor

and Legislative Council of the said Province, No. 6 of 1850, To

facilitate the performance of the duties of Justices of the Peace out of Sessions Gith respect to Summary Convictions and Orders," or of' any Act hereafter to be in force in the said Province relating to the duties of Justices of the Peace with respect to summary con- victions and orders, and all convictions and orders may be enforced as in the said Ordinance or Act is mentioned.

short title. 28. This Act may be cited for all purposes as The Vaccination

Act, 1872."

In the name and on behalf of the Queen, I hereby

assent to this Bill.

JAMES FERGUSSON, Governor.

35" & 36" VICTORIB, No. 21.

The Vaccination Act.-1 872.

SCHEDULES.

I, the undersigned, hereby give you notice to have the child [insert name$ whose birth is now registered, Number, Book, vaccinated within six months from the date of its birth. pursuant to the provisions and directions of " The Veccirlation Act, 1872," and that in default of your so doing you will be liable to the penalties thereby imposed for neglect of those provisions.

You are required to produce to the Public Vaccinatur or Medical Practitioner who may be applied to, the forms herewith supplied, for him to fill up and sign.

Dated this day of 18 .

C. D., Registrar [or Deputy, or District, or Assistant Registrar

as the case may be] of Births and Deaths.

Name and residence of supposed nearest Public Vaccinators :.-

B,

L, the undersigned, hereby certify that I am of opinion that the child of

of aged is not now in a fit and proper stnte to be

successfully vaccinated. I do hereby postpone the vaccination until the

day of 18. a

Dated this day of 18 .

A. B., Public Vaccinator, or

Legally Qualified Medical Practitioner (as the case may be).

[a This must not exceed two calendar months from the date of the certificate.]

--

MEW~.-This is to be kept by the parent or other person to whom it is given.

C.

I, the undersigned, hereby certify that I have times unsuccessfully

vaccinated the child of aged of

[or that the child has already had the smallpox, as the case may be], and I am of

opinion that such child is not susceptible of r?luccessful vaccination,

Dated this day of 18 .

A. B., Public Vaccinator, or

Legally Qualified Medical Practitioner (as the case m a y be).

M ~ ~ o. - T h i s is to bo kept by the parent or other person to whom it is given.

I, the undersigned, hereby certify that the child of aged

of has been successfully vaccinated by me.

Dated this day of 18 .

A. B., Public Vaccinator, or

I Legally Qualified Medical Practitioner (as the case may be).

NOTICE.--This	certificate is to be transmitted by post or otherwise within one calendar month from the performance of the operation by the Public Vaccinator or Medical Practitioner to the Vaccination Officer. h duplicate is to be given to the parent or other perrron procuring the vaccinackn, if requested.
p-

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---W

Adelaide ; By ~uthority, W. C. Cox, Government Printer, North-terrace,