Family Assistance (Meeting the Immunisation Requirements) Determination 2003

Overview

The Family Assistance (Meeting the Immunisation Requirements) Determination 2003, enacted under the A New Tax System (Family Assistance) Act 1999, was introduced to address the gap in ensuring that children receive necessary vaccinations in order to be eligible for family assistance payments. This legislative instrument was developed by the Department of Families, Housing, Community Services and Indigenous Affairs, and its primary policy objective is to establish the criteria under which children are deemed to meet immunisation requirements for the purposes of family assistance. The Determination came into effect on its gazette date, aiming to provide clarity and flexibility in the application of immunisation requirements, particularly in circumstances where vaccines are temporarily unavailable or when children are vaccinated overseas.

Scope and Application

The Family Assistance (Meeting the Immunisation Requirements) Determination 2003, made under subsection 7(2) of the A New Tax System (Family Assistance) Act 1999, specifies the conditions under which children meet immunisation requirements for eligibility for family assistance payments. This Determination applies to children who are participants in the vaccine study being conducted by the Vaccine and Immunisation Research Group at the Murdoch Children’s Research Institute, or to those who have received vaccinations in other countries. It also provides exemptions for children who have not received certain vaccinations due to temporary unavailability. The Determination applies nationwide, as it is a Commonwealth instrument. The application of this Determination can be extended or modified through subordinate instruments, as indicated by the amendments in the Family Assistance (Meeting the Immunisation Requirements) Amendment Determination 2003 (No. 1). The Determination includes definitions for terms such as "catch up vaccination schedule" and "recognised immunisation provider," which are further defined under the A New Tax System (Family Assistance) Act 1999.

Key Provisions

The Family Assistance (Meeting the Immunisation Requirements) Determination 2003 (the Determination) provides specific provisions under the A New Tax System (Family Assistance) Act 1999, setting out the conditions under which a child can be considered as meeting the immunisation requirements to be eligible for family assistance payments. The operative sections in this Determination include the definition of terms such as "catch up vaccination schedule" and "standard vaccination schedule" (sections 2A and 3), and the provisions for special circumstances such as participation in a vaccine study, temporary unavailability of vaccines, and vaccinations received overseas (sections 4 and 5). These sections aim to ensure that children can meet immunisation requirements under various circumstances, including when they are part of a vaccine study, when vaccines are temporarily unavailable, or when they have been vaccinated overseas. Under the Determination, various obligations and requirements are imposed on parties and entities it governs. For instance, children participating in a vaccine study conducted by the Murdoch Children’s Research Institute must be included in the study and have received all vaccinations due for their age, except those due at 18 months (section 3). In cases where a vaccine is temporarily unavailable, a recognised immunisation provider or relevant authority must declare in writing that the vaccine is unavailable, and the child must have received all other vaccinations due by that age (section 4). For children vaccinated overseas, a recognised immunisation provider must declare in writing that the vaccinations received provide the same level of immunisation as the standard or catch up vaccination schedule (section 5). The Determination also outlines potential consequences for non-compliance. While the Determination itself does not explicitly state specific penalties for breaches, it operates under the broader framework of the A New Tax System (Family Assistance) Act 1999, which could include financial penalties or other administrative actions for non-compliance with immunisation requirements. These potential penalties are intended to ensure that family assistance payments are provided in accordance with the set immunisation criteria, safeguarding public health by promoting timely and appropriate vaccination.