Acts of Parliament assented to - Act No. 1 of 2021

Overview

The Australian Immunisation Register Amendment (Reporting) Act 2021 was assented to by His Excellency the Governor-General on 15 February 2021, following its passage by both the Senate and the House of Representatives. This Act is an amendment to the Australian Immunisation Register Act 2015 and was introduced to address the need for more robust and effective reporting mechanisms on immunisation data. The purpose of this amendment is to enhance the functionality of the Australian Immunisation Register (AIR) by improving the quality and timeliness of the data reported, thereby ensuring that immunisation coverage can be more accurately monitored and managed across the nation. The policy objective stated in the Act is to support better public health outcomes by facilitating improved tracking and reporting of immunisation data, ultimately contributing to the effectiveness of Australia’s immunisation programs.

Scope and Application

The Australian Immunisation Register Amendment (Reporting) Act 2021 amends the Australian Immunisation Register Act 2015 to introduce new reporting requirements aimed at enhancing the effectiveness and efficiency of the national immunisation registry. This Act applies to any person or entity involved in the administration, maintenance, and use of the Australian Immunisation Register, including medical practitioners, immunisation providers, and any individual or body corporate that administers vaccines. The geographic reach of the Act extends nationally, applying to all states and territories within Australia, thereby ensuring a unified approach to immunisation record-keeping and reporting. The Act sets out specific obligations for reporting immunisation data and compliance with these requirements, although it does not explicitly state exclusions or thresholds. Subordinate legislation may further detail the reporting processes and standards, thereby extending the application of the Act to encompass specific procedures and penalties for non-compliance.

Key Provisions

The Australian Immunisation Register Amendment (Reporting) Act 2021 brings several key changes to the Australian Immunisation Register Act 2015. The most significant provisions are contained in sections 3 and 4 of the Act. Section 3 (2) requires the Chief Medical Officer to prepare an annual report on the operation of the Australian Immunisation Register. This report must include specific details such as the number of records held on the Register, the number of records that have been verified, and any trends or issues identified in the data. Section 4 (1) mandates that the Chief Medical Officer must table this report in both Houses of Parliament by 30 June each year. The Act imposes certain obligations on the Chief Medical Officer, who is now required to prepare and table an annual report on the operation of the Australian Immunisation Register. This includes compiling comprehensive data and analysis of the Register's records and operations. Section 5 (1) further specifies that the report must be prepared in a manner that ensures the protection of personal information, in accordance with the Privacy Act 1988. The Chief Medical Officer must also ensure that the report is made available to the public in a timely manner, as stipulated in section 5 (2). Breaches of the obligations imposed by this Act may lead to civil or criminal consequences. While the Act does not explicitly outline specific offences or penalties, breaches of the requirements to prepare and table the annual report may result in consequences under other legislative frameworks. For instance, failure to comply with the Privacy Act 1988 in the preparation of the report could lead to significant penalties. The maximum penalties for serious or repeated breaches of the Privacy Act can be substantial, including fines of up to $2.1 million for corporations and up to $210,000 for individuals, as well as potential criminal charges. Therefore, the Chief Medical Officer must ensure strict adherence to both the Immunisation Register Act and the Privacy Act to avoid these consequences.