Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024

Administered by Department of Education

Legislation au F2024L00732 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of Minister for Education, the Hon Jason Clare MP

A New Tax System (Family Assistance) Act 1999

Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024

AUTHORITY

The Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024 (the Instrument) is made under subsection 4(1) of the A New Tax System (Family Assistance) Act 1999 (Family Assistance Act) as construed in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (Acts Interpretation Act).

Under subsection 33(3) of the Acts Interpretation Act, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

PURPOSE AND OPERATION

The purpose of this Instrument is to amend the Family Assistance (Immunisation and Vaccination) (Education) Determination 2018 (Determination) to provide a new vaccination schedule for children born on or after 1 July 2024, for the purposes of the immunisation requirements for an individual to be eligible for Child Care Subsidy (CCS) or for an individual or a provider to be eligible for Additional Child Care Subsidy (ACCS).

Under subparagraph 85BA(1)(a)(iii) of the Family Assistance Act, an individual is not eligible for CCS for care provided to a child unless the child meets the “immunisation requirements” in section 6 of the Family Assistance Act. In addition, an individual must be eligible for CCS in order to receive any form of ACCS: see Family Assistance Act, paragraphs 85CA(1)(a) (ACCS (child wellbeing)), 85CG(1)(a) (ACCS (temporary financial hardship)), 85CJ(1)(a) (ACCS (grandparent)), and 85CK(1)(a) (ACCS (transition to work)). This means an individual who is not eligible for CCS because their child does not meet the immunisation requirements is also not eligible for ACCS.

Under subparagraph 85CA(2)(ba)(ii) of the Family Assistance Act, an approved provider is not eligible for ACCS (child wellbeing) for a session of care provided by the service to a child unless the child meets the immunisation requirements in section 6 of the Family Assistance Act.

Vaccination Schedules

For an individual to be eligible for CCS in respect of a child, the child must meet the immunisation requirements in section 6 of the Family Assistance Act. One of the ways in which a child meets the immunisation requirements is if the child has been immunised.

‘Immunised’ is defined in subsection 3(1) of the Family Assistance Act as meaning immunised in accordance with a standard or catch up vaccination schedule determined under section 4 of the Family Assistance Act.

Under subsection 4(1) of the Family Assistance Act, the Minister must, by legislative instrument, determine one or more of each of those schedules. The Determination determines standard vaccination schedules and catch up vaccination schedules for the purposes of section 4 of the Family Assistance Act.

This Instrument amends the Determination to reflect changes to the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No.1). These amendments require vaccination against Meningococcal Groups A, C, W-135 and Y at 12 months of age for children born on or after 1 July 2024 to meet the immunisation requirements in section 6 of the Family Assistance Act.

The Determination applies for the purposes of determining whether an individual is eligible for CCS or ACCS for care provided to a child, and whether a provider is eligible for ACCS (child wellbeing) for a child. Under the Administrative Arrangements Order, the Minister for Education is responsible for administering the Family Assistance Act insofar as it relates to CCS, ACCS, child care providers and child care services. As such, the Minister for Education is responsible for determining vaccination schedules for CCS and ACCS payments. This Instrument does not affect a determination made by the Minister for Social Services for Family Tax Benefit purposes.

IMPACT ANALYSIS

The Department of Social Services has consulted with the Office of Impact Analysis on variations to both the Family Assistance (Immunisation and Vaccination) (Education) Determination 2018 and the Family Assistance (Immunisation Principles and Vaccination Schedules) (DSS) Determination 2018. The Office of Impact Analysis confirmed a detailed Impact Analysis is not required under the Government's Policy Impact Analysis Framework (OIA ID: OIA24-07500). The amendments are not likely to have more than a minor impact on people, businesses or community organisations. 

COMMENCEMENT

The Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

The Department of Social Services, Services Australia and the Department of Health and Aged Care were consulted in the preparation of this Instrument.

These consultations have ensured that the amendments accurately reflect changes to the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No.1).


 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024

The Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024 (the Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of this Instrument is to amend the Family Assistance (Immunisation and Vaccination) (Education) Determination 2018 (Determination) to provide a new vaccination schedule for children born on or after 1 July 2024 for the purposes of the immunisation requirements for an individual to be eligible for Child Care Subsidy (CCS) or for an individual or a provider to be eligible for Additional Child Care Subsidy (ACCS).

Under subparagraph 85BA(1)(a)(iii) of the A New Tax System (Family Assistance) Act 1999 (Family Assistance Act), an individual is not eligible for CCS for care provided to a child unless the child meets the “immunisation requirements” in section 6 of the Family Assistance Act. In addition, an individual must be eligible for CCS in order to receive any form of ACCS: see Family Assistance Act, paragraphs 85CA(1)(a) (ACCS (child wellbeing)), 85CG(1)(a) (ACCS (temporary financial hardship)), 85CJ(1)(a) (ACCS (grandparent)), and 85CK(1)(a) (ACCS (transition to work)). This means an individual who is not eligible for CCS because their child does not meet the “immunisation requirements” is also not eligible for ACCS.

Under subparagraph 85CA(2)(ba)(ii) of the Family Assistance Act, an approved provider is not eligible for ACCS (child wellbeing) for a session of care provided by the service to a child unless the child meets the immunisation requirements in section 6 of the Family Assistance Act.

Vaccination Schedules

For an individual to be eligible for CCS in respect of a child, the child must meet the immunisation requirements in section 6 of the Family Assistance Act. One of the ways in which a child meets the immunisation requirements is if the child has been immunised.

‘Immunised’ is defined in subsection 3(1) of the Family Assistance Act as meaning immunised in accordance with a standard or catch up vaccination schedule determined under section 4 of the Family Assistance Act.

Under section 4 of the Family Assistance Act, the Minister must, by legislative instrument, determine one or more of each of those schedules. The Determination determines standard vaccination schedules and catch up vaccination schedules for the purposes of section 4 of the Family Assistance Act.

This instrument amends the Determination to reflect changes to the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No.1). These amendments require vaccination against Meningococcal Groups A, C, W-135 and Y at 12 months of age for children born on or after 1 July 2024 to meet the immunisation requirements in section 6 of the Family Assistance Act.

The Determination applies for the purposes of determining whether an individual is eligible for CCS or ACCS for care provided to a child, and whether a provider is eligible for ACCS (child wellbeing) for a child. Under the Administrative Arrangements Order, the Minister for Education is responsible for administering the Family Assistance Act insofar as it relates to child care subsidy, additional child care subsidy, child care providers and child care services. As such, the Minister for Education is responsible for determining vaccination schedules for CCS and ACCS payments. This Instrument does not affect a determination made by the Minister for Social Services for Family Tax Benefit purposes.

Human rights implications

The Instrument engages the following rights:

  • the right to health recognised in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 24 of the Convention on the Rights of the Child (CRC); and
  • the right to social security in Article 9 of the ICESCR and Article 26 of the CRC.

Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 24 of the Convention on the Rights of the Child (CRC)

The right to health in Article 12 of the ICESCR requires the recognition of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. In particular, countries should make provision for the healthy development of the child and the prevention, treatment and control of epidemic, endemic, occupational and other diseases. Article 24 of the CRC also contains specific obligations to ensure that children enjoy the highest attainable standard of health.

The Family Assistance Act imposes immunisation requirements as a condition of eligibility for both CCS and ACCS. The amendments in this Instrument, which provide a new vaccination schedule for children born on or after 1 July 2024, promote these rights by protecting the health of the public through increasing national immunisation rates and protecting both children and those in the community more broadly from the spread of disease.

Where the immunisation requirements are not met, an individual is not eligible for CCS or ACCS, and a provider is not eligible for ACCS (child wellbeing).

Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 26 of the Convention on the Rights of the Child (CRC)

Article 9 of the ICESCR recognises the right of everyone to social security, and Article 26 of the CRC recognises the right of every child to benefit from social security.

The Determination ensures that parents retain eligibility for CCS and ACCS where their child is up to date with their immunisations, is on a  “catch-up” schedule for missed immunisations, or where the Secretary has determined under subsection 6(6) of the Family Assistance Act that an exception applies. The Secretary may determine that an exception applies only if satisfied that the requirements in section 9, 10, 11, 12, 13, 14 or 15 of the Determination applies. As a result of these measures, parents who send their children to early childhood education and care can be more assured that all children in childhood education and care are likely to be immunised to the extent possible at their age. The Determination engages the rights in Article 9 of the ICESCR and Article 26 of the CRC by enabling the Secretary to make a determination under subsection 6(6) of the Family Assistance Act that a child meets the immunisation requirements, so that parents may eligible for CCS or ACCS even if their child has not been immunised in accordance with the vaccination schedules.

The amendments in this Instrument limit the right to social security in a necessary and proportionate manner to supporting children’s right to the highest attainable standard of health in Article 12 of the ICESCR and Article 24 of the CRC, and Article 3 of the CRC, which reinforces that the best interests of the child shall be the primary consideration. This measure is reasonable and proportionate to promoting the right to health and ensuring that children have the protection and care necessary for their well-being, namely to be immunised and protected against potentially health-threatening diseases. 

Conclusion

The Instrument is compatible with human rights because it promotes the protection of human rights and to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

 

Minister for Education, the Honourable Jason Clare MP

FAMILY ASSISTANCE (IMMUNISATION AND VACCINATION) (EDUCATION) AMENDMENT DETERMINATION 2024

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This is a formal provision specifying the name of the instrument.

Section 2: Commencement

2.  This section provides that the instrument commences the day after it is registered.

Section 3: Authority

3.  This section provides that the instrument is made under subsection 4(1) of the A New Tax System (Family Assistance) Act 1999.

Section 4: Schedules

4.  This section provides that each instrument specified in a Schedule to the instrument is amended or repealed as set out in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

Schedule 1 – Amendments

Family Assistance (Immunisation and Vaccination) (Education) Determination 2018

5.  This Schedule amends the Family Assistance (Immunisation and Vaccination) (Education) Determination 2018 (Determination).

Item 1

6.  Item 1 repeals note 2 to subsection 7(1) to insert the updated website where the Australian Immunisation Handbook, which is incorporated by reference to the Determination, is published and can be freely accessed and used by members of the public.

Item 2

7.  Item 2 inserts “and before 1 July 2024” to the cell at the table item dealing with children born on or after 1 January 2017 in subsection 16(1) of the Determination. This is to specify that, for a child born on or after 1 January 2017 and before 1 July 2024, the standard vaccination schedule for the child is set out in Schedule 4 of the Determination.

Item 3

8.  Item 3 adds a new table item to the Table in subsection 16(1) dealing with children born on or after 1 July 2024. The new table item specifies that the standard vaccination schedule for a child born on or after 1 July 2024 is set out in new Schedule 5.

Item 4

9.  Item 4 amends section 17 to provide that the catch up vaccination schedule for a child relates to the antigens and diseases mentioned in column 3 of the Schedules 1 to 5, that is, the existing Schedules and new Schedule 5.

Item 5

10.  Item 5 repeals note 1 to section 17 to insert the updated website where the Australian Immunisation Handbook, which is incorporated by reference to the Determination, is published and can be freely accessed and used by members of the public.

Item 6

11.  Item 6 adds “and before 1 July 2024” to the heading of Schedule 4, reflecting changes made by item 2. Schedule 4 now sets out the standard vaccination schedule for a child born on or after 1 January 2017 and before 1 July 2024.

Item 7

12.  Item 7 inserts the new Schedule 5. New Schedule 5 sets out the standard vaccination schedule for a child born on or after 1 July 2024. The new Schedule 5 sets out the new requirement for vaccination for Meningococcal Groups A, C, W-135 and Y at 12 months of age. This is an expansion from the Schedule 4 Meningococcal requirements, which only relate to Meningococcal Group C. New Schedule 5 aligns the Determination with vaccines available under the National Immunisation Program, through the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No. 1).

 

Overview

The Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024, made under the authority of the A New Tax System (Family Assistance) Act 1999, aims to amend the Family Assistance (Immunisation and Vaccination) (Education) Determination 2018. This amendment is necessitated by changes to the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No. 1), which introduced new vaccination requirements for children born on or after 1 July 2024. Specifically, the amendment updates the vaccination schedule to include protection against Meningococcal Groups A, C, W-135, and Y at 12 months of age. The purpose is to ensure that the immunisation requirements for eligibility for Child Care Subsidy (CCS) or Additional Child Care Subsidy (ACCS) remain aligned with public health standards, thereby safeguarding children’s health and preventing the spread of vaccine-preventable diseases. This legislative instrument underscores the commitment to public health by ensuring that children receive the necessary vaccinations to meet eligibility criteria for child care subsidies. The Minister for Education, the Honourable Jason Clare MP, is responsible for the administration of this Act in relation to child care subsidies, as per the Administrative Arrangements Order. The policy objective of this amendment is to maintain high immunisation rates among children, thereby protecting both individual and community health. The determination ensures that families remain eligible for child care subsidies if their children are appropriately immunised, while also accommodating exceptions where necessary, thereby balancing public health imperatives with individual circumstances.

Scope and Application

The Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024 is a legislative instrument made under the authority of the Minister for Education, the Hon Jason Clare MPA, and operates under the A New Tax System (Family Assistance) Act 1999. This Instrument applies to individuals and providers seeking eligibility for Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS) by setting new immunisation requirements for children born on or after 1 July 2024. Specifically, the Instrument amends the Family Assistance (Immunisation and Vaccination) (Education) Determination 2018 to incorporate a new vaccination schedule that mandates the vaccination against Meningococcal Groups A, C, W-135 and Y at 12 months of age to meet the immunisation requirements. This amendment ensures that children are protected against certain diseases and reduces the spread of infectious diseases within the child care community. The amendments do not affect eligibility for Family Tax Benefits, as determined by the Minister for Social Services. The Instrument's scope is limited to the Commonwealth jurisdiction and does not include any specific exclusions or thresholds beyond those outlined in the Family Assistance Act. The Minister for Education is responsible for administering the Family Assistance Act in relation to child care subsidies, and this Instrument extends the application of the Act by specifying updated vaccination schedules. The Instrument is designed to ensure that the requirements align with the National Immunisation Program and other relevant health directives.

Key Provisions

The Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024 amends the Family Assistance (Immunisation and Vaccination) (Education) Determination 2018 (Determination) to introduce a new vaccination schedule for children born on or after 1 July 2024. This amendment is intended to align the immunisation requirements under the Family Assistance Act with the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No. 1). Specifically, it mandates that children born on or after 1 July 2024 must be vaccinated against Meningococcal Groups A, C, W-135 and Y at 12 months of age to meet the immunisation requirements for eligibility for Child Care Subsidy (CCS) or Additional Child Care Subsidy (ACCS). This Determination imposes specific obligations on parents, caregivers, and child care providers to ensure that children meet these updated immunisation requirements. Parents and caregivers must ensure that their children are vaccinated according to the new schedule to maintain eligibility for CCS and ACCS. Child care providers must also ensure that children in their care meet these immunisation requirements to be eligible for ACCS (child wellbeing). The Determination provides a framework for determining whether a child meets the immunisation requirements, which is essential for eligibility for these subsidies. Failure to comply with the updated immunisation requirements can lead to a child not meeting the immunisation requirements, resulting in ineligibility for CCS or ACCS. This ineligibility extends to providers, who may lose eligibility for ACCS (child wellbeing) if the children in their care do not meet the immunisation requirements. The implications of such non-compliance are significant, as they affect the financial support available to families and the operational viability of child care services that rely on these subsidies. The Minister for Education, under whose authority this Determination is made, is responsible for administering the Family Assistance Act as it pertains to child care subsidy, additional child care subsidy, child care providers, and child care services. This responsibility includes determining vaccination schedules for CCS and ACCS payments. It is important to note that this Determination does not affect any determinations made by the Minister for Social Services for Family Tax Benefit purposes. The Minister for Education's role is crucial in ensuring that the updated vaccination schedules are in line with public health recommendations and that they support the overall goal of increasing national immunisation rates. The amendments made by this Determination are designed to support the right to health, as recognised in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 24 of the Convention on the Rights of the Child (CRC). By requiring vaccinations that protect children from serious diseases, the Determination promotes the health and well-being of children and the broader community. Additionally, it supports the right to social security, as outlined in Article 9 of the ICESCR and Article 26 of the CRC, by ensuring that parents can access CCS and ACCS if their children are up to date with their immunisations. The Determination's provisions are considered reasonable and proportionate to achieving these human rights objectives, as they aim to balance the need for public health protection with the rights of individuals and families.

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