Family Assistance (Exemption from Immunisation Requirements) Determination 2003

Overview

The Family Assistance (Exemption from Immunisation Requirements) Determination 2003, as amended, was introduced to provide an exemption from immunisation requirements for certain children under the A New Tax System (Family Assistance) Act 1999. This legislation was enacted by the Australian Parliament and is administered by the Department of Education, Employment and Workplace Relations. The primary objective of this determination is to address the immunisation exemption needs of families receiving family assistance payments who are members of the Church of Christ, Scientist. Under this determination, a child may be exempt from immunisation requirements if they are an FTB child or a regular care child and a declaration is made by an officer of the Church of Christ, Scientist affirming the religious exemption. This determination came into effect on 19 September 2003, revoking the previous Family Assistance (Immunisation Requirements Exemption) Determination 2000 and its subsequent amendment. The 2003 Determination was subsequently amended by the Family Assistance (Exemption from Immunisation Requirements) Amendment Determination 2008 (No. 1), which came into effect on 1 July 2008. The amendments made by this subsequent determination are detailed in the tables provided within the legislative instrument. The terms "FTB child" and "regular care child" are defined in subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, and the term "agency" is defined in subsection 3(1) of the A New Tax System (Family Assistance) (Administration) Act 1999.

Scope and Application

The Family Assistance (Exemption from Immunisation Requirements) Determination 2003 applies to children who are classified as either FTB (Family Tax Benefit) children or regular care children under the A New Tax System (Family Assistance) Act 1999. These children are exempt from the requirement to be immunised if a practicing member of the Church of Christ, Scientist declares in writing that either the child’s individual, or their partner, is a practicing member of the Church, and this declaration is provided to the relevant agency. This Determination, which commenced on 19 September 2003, revokes previous related determinations and is subject to amendments, such as the Family Assistance (Exemption from Immunisation Requirements) Amendment Determination 2008 (No. 1). The exemption applies on a national level, overseen by the Department of Education, Employment and Workplace Relations, and its scope is limited to the specific conditions outlined in the Act and Determination. The scope of this Determination is confined to children meeting the criteria of being FTB children or regular care children and the specific religious exemption condition. The exemption does not extend to other children or to other types of immunisation requirements not covered under this Determination. The application of this legislation is national, with the Commonwealth overseeing its administration and enforcement. Subordinate instruments, such as the Amendment Determination, may extend or modify the application of the primary Determination, as seen in the changes made by the 2008 Amendment.

Key Provisions

The Family Assistance (Exemption from Immunisation Requirements) Determination 2003, as amended, is a legislative instrument made under the A New Tax System (Family Assistance) Act 1999. This Determination provides exemptions from immunisation requirements for certain children receiving family assistance payments. Specifically, section 4(1) of the Determination exempts a child from immunisation requirements if the child is either an FTB (Family Tax Benefit) child or a regular care child and a practicing member of the Church of Christ, Scientist or their partner is a practicing member of the Church. This exemption is contingent upon an officer of the Church providing a written declaration to the relevant agency. The obligations imposed by this Determination primarily fall on the parents or guardians of the exempt children and the Church of Christ, Scientist. For parents or guardians, the primary obligation is to ensure that if they are receiving family assistance and wish to avail of the immunisation exemption, they must obtain a written declaration from a Church officer stating that they or their partner is a practicing member of the Church. This declaration must then be provided to the relevant agency. For the Church of Christ, Scientist, the obligation is to provide accurate and timely declarations as requested by parents or guardians seeking to avail of the exemption. Breaching the conditions set out in this Determination can lead to various consequences. While the Determination itself does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance, it is worth noting that any misrepresentation or failure to provide accurate information to the relevant agency could potentially be viewed under broader legislation as providing false or misleading information, which could carry its own penalties. Typically, such actions could result in the cessation of family assistance payments and possibly other legal ramifications depending on the context and the applicable laws. The penalties for providing false or misleading information can vary but may include fines or other civil penalties as prescribed by relevant legislation.