Acts of Parliament assented to - Acts No. 138 to 149 of 2015

Overview

The Australian Immunisation Register Act 2015, assented to by the Governor-General on 12 November 2015, was introduced by the Australian Parliament to address the problem of fragmented and inconsistent immunisation records across the country. This Act establishes a national immunisation register, overseen by the Secretary of the Department of Health, to provide a centralised and accessible database of immunisation records. The policy objective of the Act is to improve the efficiency and effectiveness of immunisation programs, ultimately enhancing public health outcomes by ensuring that individuals receive appropriate and timely vaccinations. The Act complements the Australian Immunisation Register (Consequential and Transitional Provisions) Act 2015, which deals with transitional and consequential matters arising from the enactment of the primary Act.

Scope and Application

The Australian Immunisation Register Act 2015 applies to all individuals residing in Australia, including Australian citizens, permanent residents, and temporary visa holders, as well as to entities and healthcare professionals involved in the administration of vaccinations. The Act mandates the establishment of the Australian Immunisation Register, a centralised database designed to record and track immunisations provided to individuals. The jurisdictional reach of the Act is national, covering all states and territories within the Commonwealth of Australia. The Act does not explicitly exclude any categories of individuals or entities from its application, nor does it set specific thresholds or exemptions. However, the Act's application may be extended or restricted through subordinate instruments, such as regulations or guidelines, which can provide further detail on the implementation and administration of the immunisation register.

Key Provisions

The Australian Immunisation Register Act 2015 (s 3) establishes the Australian Immunisation Register, which is a national register designed to record the immunisation history of Australian children. This Act mandates that healthcare providers must submit immunisation records to the register and that individuals have the right to access their own immunisation records. The Act also includes provisions for the management and security of the register (s 4). The Australian Immunisation Register (Consequential and Transitional Provisions) Act 2015 (s 5) deals with the transitional arrangements necessary to implement the new register, ensuring that there is a smooth transition from any previous immunisation records systems to the new national register. Both the Australian Immunisation Register Act 2015 and the Australian Immunisation Register (Consequential and Transitional Provisions) Act 2015 impose obligations on healthcare providers to ensure that immunisation records are accurately recorded and submitted to the register (s 12). The Acts also require that individuals have access to their immunisation records under specific conditions (s 14). Furthermore, these Acts mandate that the register must be managed in a way that protects the privacy and security of personal information (s 16). Failure to comply with the obligations set out in the Australian Immunisation Register Act 2015 and the Australian Immunisation Register (Consequential and Transitional Provisions) Act 2015 can lead to civil consequences. For instance, healthcare providers who fail to submit immunisation records may be subject to fines (s 20). Additionally, individuals who misuse immunisation records by accessing them without proper authorisation may also face civil penalties (s 22). While the Acts do not explicitly state maximum penalties, such breaches are likely to be governed by other relevant legislation, such as the Privacy Act 1988, which can impose penalties of up to $2.1 million for serious or repeated privacy breaches.