EXPLANATORY STATEMENT
Family Assistance (Vaccination Schedules) (FaHCSIA) Determination 2012
Summary
The Family Assistance (Vaccination Schedules) (FaHCSIA) Determination 2012 (the Determination) is made under section 4 of the A New Tax System (Family Assistance) Act 1999 (the Act).
The purpose of this Determination, which is relevant only to Family Tax Benefit (FTB) Part A supplement, and provides for a new schedule that applies from 1 July 2013.
The new schedules incorporate meningococcal C, pneumococcal and varicella (‘chickenpox’) vaccines, and are updated to correspond to the National Immunisation Program Schedule.
For children born prior to 1 July 2012 the previous schedule will apply, ensuring they complete the immunisation program which they have begun under the previous requirements.
The catch up vaccination schedule continues to be the catch up vaccination schedule published by the National Health and Medical Research Council (NHMRC) in the Australian Immunisation Handbook (the Handbook) but limited to those childhood diseases and antigens listed in Schedule 1 to 6.
Background
From 1 July 2012, the Government is introducing new requirements that families will need to have their children fully immunised to receive the Family Tax Benefit Part A end-of-year supplement. These new requirements will be implemented at a new immunisation check point at one year of age, along with the existing check points at two and five years of age. In addition, the schedule is being updated to include meningococcal C, pneumococcal and varicella (chicken pox), and a new combination vaccine for measles, mumps, rubella and varicella from 1 July 2013.
The basic requirement in section 6 of the Act is that the child has been immunised. ‘Immunised’ is defined in subsection 3(1) of the Act as meaning immunised in accordance with a standard or catch up vaccination schedule determined under section 4 of the Act. Under section 4 of the Act, the Minister must, by disallowable instrument, determine one or more of each of those schedules.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Part 1 - Preliminary
Section 1 sets out the name of the Determination.
Section 2 provides that the Determination commences on 1 July 2012.
Section 3 defines 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. This means that only applies for supplements for the 2012-13 year on onwards. Supplements for the 2011-12 year are not affected by these new requirements.
Part 2 – Vaccination schedules
Section 5 Standard vaccination schedule
Subsection 5(1) provides that the standard vaccination schedule (set out in Schedule 1) will apply when determining whether a person is eligible for the FTB Part A supplement in respect of children who turn 1 in the relevant income year and were born before 1 July 2013. It also provides a series of rules that are to be read in conjunction with the standard vaccination schedule.
Subsection 5(2) provides that the standard vaccination schedule (set out in Schedule 4) will apply when determining whether a person is eligible for the FTB Part A supplement in respect of children who turn 1 in the relevant income year and were born after 1 July 2013. It also provides a series of rules that are to be read in conjunction with the standard vaccination schedule.
Subsection 5(3) provides that the standard vaccination schedules (set out in Schedules 2 and 3) will apply when determining whether a person is eligible for FTB Part A supplement in respect of children who turn 2 and 5 respectively in the relevant income year and were born before 1 July 2012. It also provides a series of rules that are to be read in conjunction with the standard vaccination schedule.
Subsection 5(4) provides that the standard vaccination schedules (set out in Schedules 5 and 6) will apply when determining whether a person is eligible for FTB Part A supplement in respect of children who turn 2 and 5 respectively in the relevant income year and were born after 1 July 2012. It also provides a series of rules that are to be read in conjunction with the standard vaccination schedule.
The standard vaccination schedules referred to in subsections 5(1) to 5(4) list the diseases and antigens against which a child must be vaccinated at a particular age to meet the definition of “immunised” in the Act.
Subsection 5(5) provides that as a general rule, a child will be overdue for a vaccination one month after the vaccination is due.
According to subsection 5(6), a vaccine used to vaccinate a child must be registered as a vaccine on the Australian Register of Therapeutic Goods that is maintained under section 9A of the Therapeutic Goods Act 1989.
However this rule does not apply, as per subsection 5(7), to a vaccine used to vaccinate a child while the child is outside Australia.
Catch up vaccination schedules potentially apply where a child has missed the required vaccinations, such as children who have been adopted from overseas. Subsection 6(1) provides that the catch up vaccination schedule for a child is as determined under Part 1.3.5 of the National Health and Medical Research Council Australian Immunisation Handbook, volume 9. However, only the vaccinations against diseases or antigens listed in Schedules 1 to 6 are relevant for the purposes of the catch up schedule. As with the standard Schedule, only those vaccines registered as a vaccine on the Australian Register of Therapeutic Goods may be used to immunise a child pursuant to a catch-up schedule, where that vaccination does not occur outside Australia. The child’s progress on their catch up vaccination schedule will be assessed after the child’s birthday in the relevant income year.
The overdue rules are set out in subsections 6(2). As a general rule, a child would be overdue for a vaccination under the catch up vaccination schedule one month after the vaccination is due.
If the child subsequently receives the relevant vaccine then the immunisation requirement would be satisfied.
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 and 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 (Vaccination Schedules) (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 purpose of this Determination, which is relevant only to Family Tax Benefit (FTB) Part A supplement, is to replace the Family Assistance (Vaccination Schedules) (FaHCSIA) Determination 2008 with a new schedule that applies for children born after 1 July 2012 that includes meningococcal C, pneumococcal and varicella vaccines, as well as a new combination vaccine for measles, mumps, rubella and varicella for children aged 18 months. For children born prior to 1 July 2012 the previous schedule will apply.
The catch up vaccination schedule continues to be the catch up vaccination schedule published by the National Health and Medical Research Council (NHMRC) in the Australian Immunisation Handbook (the Handbook) but limited to those childhood diseases and antigens listed on Schedules 1 and 2.
Human rights implications
The setting out of a standard and catch-up vaccination schedule is likely to engage the right to health recognised in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
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.
By providing an evidence based vaccination schedule designed to protect children from harmful disease, this Legislative Instrument clearly advances this right.
Conclusion
This Legislative Instrument is compatible with human rights because it advances the human right to health.
Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform, the Honourable Jenny Macklin