Vaccination Act 1878 (WA)
WESTERN AUSTRALIA
ANNO QUADRAGESEgO SECUNDO
VICTORLE REGIME
No. 13
An Act to extend and make compulsory the practice of
| Vaccination. | [Assented to 16th July, 1878. |
HEREAS it is expedient to extend and make compulsory the Preamble
WExcellency the Governor of Western Australia and its Dependencies,practice of Vaccination : Be it therefore enacted by His
by and with the advice and consent of the Legislative Council thereof,
as follows :—
1. This Act may be cited for all purposes as The Vaccination Act, Short title
1878.'
2. An Ordinance passed in the twenty-fourth year of the reign of Roomier se no,
Her present Majesty, intituled An Ordinance to make compulsory No. the practice of Vaccination,' shall be and the same is hereby repealed.
3. From and after the passing of this Act, the Governor shall Governor to
appoint a Superintendent of Vaccination and such public vaccinators appoint "Ice"
as may be required for performing the duties prescribed by this Act,
and make such rules and orders as he may see fit for the proper per-
formance of the duties of the several officers so appointed, and for the
payment of the several officers required to perform any duties under
this Act.
42 VICTORIA]. No. 13
Vaccination
| Duty of Super. | 4. It shall be the duty of the Superintendent of Vaccination to take measures for the regular supply of vaccine virus to the several public vaccinators and to superintend the distribution of the same, and generally to superintend the carrying into execution the provisions of this Act. |
| intendent of | |
| Vaccination |
| Governor to | 5. The Governor in Council shall from time to time declare such |
| declare | suburbaunrban | a» t |
|
' mod' districts place of residence of a public vaccinator, to be ' urban districts,' for the
purposes of this Act ; and such districts, being within a radius of twenty miles of the place of residence of a public vaccinator, to be ' suburban districts' ; all other parts of the Colony, not included in any urban or suburban district, shall be deemed to be a rural district,' for the pur- poses of this Act.
| Interpretation | 6. The phrase the prescribed period' shall, in the case of any child |
| 'the prescribed within an urban district, signify the space of three calendar months ; | period' |
and in the case of any child within any suburban district, the space
of six calendar months.
| All children | 7. The parent of every child now in the Colony and living |
| within urban |
| or suburban dis- | within any urban or suburban district, which at the time of the passing |
| tricts to be | of this Act may be of the age of seven years or under, not being already |
| I | ght within |
| the prescribed | vaccinated, shall, within the prescribed period after the , passing of this |
period too public vaccinatorAct—and the parent of every child which may hereafter be brought to for VRecination live in any urban or suburban district of the Colony, being of the age
of seven years or under, not having been already vaccinated, shall, within the prescribed period after its arrival in such district of the Colony—and the parent of every child that may be born in any urban or suburban district after the passing of this Act, shall, within the prescribed period after its birth—or when, by reason of the death, illness, absence, or inability of the parent, or other cause, any other person within any urban or suburban district shall have the custody of such child, such person shall, within the prescribed period after receiving the custody of such child—take it or cause it to be taken to any public vaccinator, who is hereby required, with all reasonable despatch, and without fee or reward, subject to the conditions hereafter mentioned, to vaccinate such child.
| Power to cover- | 8. It shall be lawful for the Governor from time to time to appoint |
| nortoappoint |
| tors In acina- | some person to travel through any rural district of the Colony as a |
tors to travel public vaccinator, and to assign him such travelling expenses and
through districts remuneration as he may see fit. It shall be lawful for any such person,
Such public after notice of his appointment as aforesaid shall have appeared in the
vaccinators to give notice re-Government Gazette,' to send to any parent or other person having
quiring parents the custody of any child that may be of the age of seven years or under,
to bringtheirand which has not been vaccinated, notice that he will be at a place to
| vaccination be named in such notice, not being more than seven miles distant from | heave, for |
the place of residence of such parent or other person as aforesaid, on a day and at an hour to lie therein named, and requiring such parent or other person as aforesaid, to have such child at such place on the day and at the hour appointed. Any parent or other person as afore- said, who, after receiving any notice as aforesaid, shall fail to have the said child at the said place on the day and at the hour named, shall, Unless he shall render a reasonable excuse for his neglect, be guilty of an offence under this Act. The said public vaccinator shall, without fee
42 VICTORDE. No. 13
Vaccination
or reward, subject to the conditions hereafter mentioned, vaccinate the
children brought to him in pursuance of the said notice.
9. Upon the same day in the following week when the operation All children after
| shall have been performed as aforesaid by the public vaccinator, such g | le,cg | itg„11 |
parent or other person as aforesaid, as the case may be, shall again Publicvaccinator
take the child, or cause it to be taken, to such place as may be directed fol. ilisPecti"
| by the public vaccinator, at such hour as may be appointed by him, there to be inspected by the said public vaccinator or by such person as he may appoint for the purpose, to ascertain the result of the opera- tion ; and such public vaccinator or other person may then, if he shall see fit, take from such child lymph for the performance of other vaccina- tions ; and in the event of the vaccination proving to have been unsuc- cessful, the said child shall be forthwith again vaccinated and inspected as on the previous occasion. Such vaccination and inspection shall be who | if |
repeated, until either the operation shall have proved successful, or ,'!;Tefifes',a,,V.1"
the public vaccinator, having three times unsuccessfully vaccinated any child
child, shall find that such child is insusceptible of successful vaccina-
tion, and shall give the parent or other person as aforesaid a certificate
to that effect, as hereinafter mentioned.
10. If any public vaccinator' shall be of opinion that any child is if any child is
| not in a fit and proper state to be successfully vaccinated, he shall i | for |
forthwith deliver to the parent or other person having the custody of mbi.levaeclilatrI
such child, a certificate under his hand according to the form of ro raieffeeca'e vaccination, which certificate shall remain in force for two months, and shall be renewable for successive periods of two months until a public vaccinator shall deem the child to be in a fit state for successful vaccination, when the child shall with all reasonable despatch be vac- cinated, and such proceedings shall thereupon be taken as provided for by the next preceding section.
11. At or before the end of any such period of two months, as Such certificate last aforesaid, the parent or such person as aforesaid shall apply to a 1,1,.1Z,V,;,%u`ai public vaccinator for a renewal of the said certificate as aforesaid, and time
the said public vaccinator shall then, if satisfied that the said child is still in a state unfit for vaccination, renew the said certificate as aforesaid.
12. If any such public vaccinator, or other person aforesaid, If any child iwa shall find that a child who has been three times unsuccessfully b,178,,„tetft4"." vaccinated is insusceptible of successful vaccination, or that a child vaccinated or
| brought to him for vaccination has already had the small pox, he | hasarploxtpublic | ||
| shall deliver to the parent or other person as aforesaid a certificate ' |
| ||
| under his hand according to the form in Schedule B, exempting |
| ||
| such child from the provisions of this Act, and shall also transmit a copy of the same to the district registrar of births and deaths in the district within which the birth of such child was registered ; but if such district be not known to him, or if the birth of the child shall not have been registered, to the registrar within whose district the opera- tion shall have been performed, or within which such child shall be living ; and the child shall thenceforth not be required to be vaccinated. |
13. Every public vaccinator, or other person as aforesaid, who shall Pnblic vacciim
have inspected the vaccination of any child, and shall have ascertained tg.,tiLs,111, that the same has been successful, shall within twenty-one days after succelsful
42 VICTORIZE. No. 13
Vaccination
| vaccinations to | such inspection transmit by post or otherwise to the district registrar |
| district registrar | |
| of births, &c. | of the district as aforesaid, a certificate according to Schedule C to this Act, certifying that the said child has been successfully vaccinated, and upon request shall deliver a duplicate thereof to the parent or other person as aforesaid. |
| District registrar | 14. The district registrar of births and deaths shall, on the regis- |
| of births, &a, to |
| give notice to | tration with him of the birth of any child, give to the person regis- |
| Persons register- | tering the same a notice in the -form of Schedule D, requiring |
| ing birth, re- | |
| quiring child | such child to be duly vaccinated according to the provisions of this |
| ha be vaccinatel | Act, and shall also send a notice of the birth of such child to the nearest public vaccinator ; but the omission on the part of the, district registrar to give the notice first above-named, shall not exempt any parent or other person from any prosecution under this Act. |
| District registrar | 15. Every such district registrar of births and deaths shall keep a |
| of births, ckc., |
| to register | book, in which he shall enter in such form and manner' as may be |
| certificates trans- | directed by the Governor, minutes of the notices of vaccination given |
| inland to hhn | by him as herein required, and also register the certificates transmitted to him as herein provided, and shall at all reasonable times allow searches to be made therein, and upon demand give a copy under his hand of any entry in the same on payment of a fee of one shilling. |
| Registered medi- | 16. It shall be lawful for any parent or other person to take any |
| cal practitioner |
| may do alt things | child to be vaccinated by a duly qualified medical practitioner instead |
| herein required | |
| to be done by | of a public vaccinator ; and if any such medical practitioner shall |
| public vacchmtor | undertake such vaccination, he shall be liable to perform all the duties in connection with such vaccination which are required by this Act to be performed by the public vaccinator, and shall further be vested with the powers and authority conferred by this Act on such public vaccinator in respect to such vaccination performed by him ; and the parent or person taking any child to any such medical practitioner for vaccination, shall be subject to the rules provided by this Act for vaccination by a public vaccinator as to the time and manner of such vaccination, subsequent inspection, and certificates. Provided always that no person, other than a public vaccinator, shall be entitled to receive any fee from public funds in respect of any vaccination. |
| Public Vaccina- | 17. It shall be lawful for the Governor to make rules and regula- |
| tors to vaccinate |
| persons above | tions as to the terms on which Public Vaccinators shall be bound to |
| seven years of | vaccinate persons above the age of seven years, and as to the conditions |
| age, | on which the Public Vaccinators shall be entitled to receive a fee from public funds in respect of any such vaccination, and as to the amount of such fee ; and it shall be the duty of any Public Vaccinator, -without fee or reward, subject to such rules and regulations, to vaccinate any person above the age of seven years, who may present himself for the purpose, and to subsequently examine and if necessary to re-vaccinate such person in the manner provided in the case of children under the |
| and make | age of seven years ; and to send in to the Superintendent of Vaccina- |
| Returns thereat | tion, periodically, returns showing the names and ages of the persons so vaccinated, together with such other particulars as may be required by the rules and regulations aforesaid. |
| Penalty for | 18. Any person who shall inoculate any person with the small pox |
| inoculating any | matter or virus, shall forfeit and pay any sum not exceeding Fifty |
| person with | |
| mall pox or | pounds, or at the discretion of the Justices be imprisoned with or |
| wires | without hard labour for any term not exceeding six calendar months. |
42 VICTORLE. No. 13
Vaccination
19. Every parent or person having the custody of a child, who rarentorchua
shall neglect to take such child, or cause it to be taken, to be vaccinated, c"elienivsitio
or, after vaccination, to be inspected according to the provisions of this p4sTons or the
Act, and shall not render a reasonable excuse for his neglect, shall be pintooibreefoilty
liable, upon conviction before any two Justices, to a penalty not shall be lawful for the convicting Justices to renew the said order, and any fresh breach of any such order, after a previous conviction for any such breach, shall be punishable in the like manner.
exceeding Five pounds ; and the said Justices may, on any such con- Penalty
viction; make an order under their hands and seals directed to the
parent or other person having the custody of such child, ordering the
said child to be vaccinated within a certain time to be named in such
order ; and if at the expiration of such time the child shall not have
been so vaccinated, the person to whom such order shall have been
directed as aforesaid shall be proceeded against summarily for neglecting
such order as aforesaid, and unless he can show some reasonable
ground for his omission to carry the order into effect, shall be liable,
on conviction before any two Justices, to a penalty not exceeding
| 20. It shall be lawful for any public vaccinator to inquire of the parent or other person having the custody of any child, whose age | Public vaccina- tor may demand |
| :igc of any child | |
| apparently does not exceed seven years, the age of such child, and any such parent or other person as aforesaid who shall refuse to answer or shall not make true answer to such question, shall be guilty of an offence under this Act. |
| 21. If it appear from the answer to the question put as aforesaid, Public vaccina- | g ttton/37enriyoruaziim |
or if it otherwise appear, that any child is of an age not exceedin g
seven years, it shall be lawful for such public vaccinator to examine covel?, and if not
such child to see whether it has been vaccinated or not ; and unless ;Z:=1}all
such public vaccinator is satisfied on such examination that such child
has been successfully vaccinated, he shall forthwith vaccinate such
child, and shall subsequently inspect, and, if necessary, re-vaccinate
and do all things in accordance with the provisions of this Act
applicable to the case of a child brought for vaccination to any public
vaccinator. Any person who shall prevent or endeavour to prevent
any public vaccinator from examining or vaccinating, or from subse-
quently inspecting, and, if necessary, re-vaccinating any such child,
shall be guilty of an offence under this Act.
22. Any person guilty of an offence under this Act for which no Penalty for
penalty has been elsewhere provided shall, on a summary conviction ','1,1&"rest"mkr of any second or subsequent offence, except in respect of his or her conduct subsequently to a previous conviction.
thereof before any two Justices, forfeit and pay any sum not exceeding
23. No information shall be received in respect of any offence No information
| punishable under this Act, unless the informant satisfies the Justice or be recthed | unless authorised |
| Justices that the same is laid with the approval and consent of the by soporintep- | of 'nem°, |
| Superintendent of Vaccination, or of such other person as the Governor by notice in the ' Government Gazette ' shall appoint for this purpose. |
42 VICTORI.M. No. 13
Vaccination
| Shortening, Or. | 24. Sections A, D, F, and H of The Shortening Ordinance, 1853,' |
| dimmee | are incorporated with this Act. |
H. ST. GEORGE ORD,
GOVERNOR.
SCHEDULE A
I hereby certify that the child hereunder described is not at present in a fit and proper state to be successfully vaccinated.
| Sex of child | Date of birth | Names of patents | Address of parer |
| Dated this | day of | 187 (Signed) LB., District Registrar. |
Norn.—This certificate is to remain in force for two months from the date
hereof.
SCHEDULE B
I hereby certify that the child hereunder described (having been three times unsuccessfully vaccinated, is insusceptible of successful vaccination) or, (having already had the small pox, need not be vaccinated)
| Sex of child | Date of birth | Names of parents | Address of parents |
| Dated this | day of | 187 |
(Signed) A.B., District Registrar.
SCHEDULE C
I hereby certify that I have successfully vaccinated the child hereunder
described.
| Sex of child | Date of birth | Names of Pares | Address of parents |
(Signed) A.B., Public Vaccinator or
duly qualified Medical Practitioner
To the District Registrar of
0
0
0