EXPLANATORY STATEMENT
Family Assistance (Meeting the Immunisation Requirements) (FaHCSIA) Determination 2012
Summary
The Family Assistance (Meeting the Immunisation Requirements) (FaHCSIA) Determination 2012 (the Determination) is designed to ensure that the following classes of children meet the immunisation requirements for the purposes of family assistance law:
- a child who is participating in a vaccination study;
- a child who has not received a vaccination as required at a particular age because one or more vaccines for that vaccination are temporarily unavailable (until such time as the vaccine is available); and
- a child who is vaccinated overseas.
Background
The Determination is made under subsection 7(2) of the A New Tax System (Family Assistance) Act 1999 (the Act). Subsection 7(2) provides that the Minister may, by disallowable instrument, determine classes of children who meet the immunisation requirement for the purposes of the family assistance law. These are children who would otherwise not meet the immunisation requirements as set out in the Act.
The Determination extends the provisions relating to children immunised overseas, to encourage parents to immunise where possible. Parents who make every effort to immunise their child whilst overseas will not be penalised by a delay in payment of their FTB Part A supplement.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Section 1 sets out the name of the Determination.
Section 2 provides that the Determination commences on 1 July 2012.
Section 3 defines the terms used in the Determination
Subsection 4(1) provides that the Determination only applies to FTB Part A supplement.
Subsection 4(2) provides that the Determination only applies to FTB Part A supplement claims made after 30 June 2012.
Section 5 provides that a child meets the immunisation requirements if the child is included in the class of children who are participants in the vaccine study begun in April 2003 by the Vaccine and Immunisation Research Group of the Murdoch Children’s Research Institute at the Royal Children’s Hospital, Melbourne; and that the child has received all required vaccinations, other than any vaccinations due at age 18 months. This longstanding provision will ensure that participants in this trial of new vaccines are not disadvantaged as a result of their participation in the study.
Subsection 6(1) covers the situation where a child is not vaccinated as required and a recognised immunisation provider or relevant authority provides a written declaration that the relevant vaccine is temporarily unavailable. In this situation, the child meets the immunisation requirement provided that the child has received all other relevant vaccinations.
According to subsection 6(2) the child will meet the immunisation requirements until such a time as the vaccine becomes available.
Section 7 deals with children who are vaccinated overseas, and whether they meet the immunisation requirements.
Subsection 7(1) provides that a child in Australia who was vaccinated in another country meets the immunisation requirements if a recognized immunisation provider declares in writing that the vaccinations have provided the same level of immunisation that would have been acquired if the child had been immunised in accordance with the standard or catch up vaccination schedules.
Subsection 7(2) provides that a child who was vaccinated and remains overseas meets the immunisation requirements if a medical practitioner declares in writing which of the immunisations from the schedule the child has received.
Consultation
The Department of Health and Ageing and the Department of Human Services were consulted in the preparation of this legislative instrument.
Regulatory Impact Statement
The Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.
The measures in this legislative instrument affect entitlements to government payments and do not impose compliance costs on businesses, and do not require or encourage business to alter their behaviour.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Family Assistance (Meeting the Immunisation Requirements) (FaHCSIA) Determination 2012
This Legislative 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 Family Assistance (Meeting the Immunisation Requirements) (FaHCSIA) Determination 2012 (the Determination) is designed to ensure that the following classes of children meet the immunisation requirements for the purposes of family assistance law:
• a child who is participating in a vaccination study;
• a child who has not received a vaccination as required at a particular age because one or more vaccines for that vaccination are temporarily unavailable (until such time as the vaccine is available); and
• a child who is vaccinated overseas.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform, the Honourable Jenny Macklin