National Health (Immunisation Program – Designated Vaccines) Variation Determination 2016 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2016L00661 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

National Health Act 1953

 

National Health (Immunisation Program – Designated Vaccines) Variation Determination 2016 (No.1)

 

Authority

Section 9B(1) of the National Health Act 1953 (the Act) states that the Minister may provide, or arrange for the provision of, designated vaccines and goods or services that are associated with, or incidental to, the provision or administration of designated vaccines.  Section 9B(2) provides that the Minister may, by legislative instrument, determine that a specified vaccine is a designated vaccine for the purposes of this Act.  Section 9B(5) provides that in addition to specifying a vaccine, a determination under subsection (2) may specify the circumstances in which the vaccine may be provided.

 

Purpose

The purpose of the National Health (Immunisation Program – Designated Vaccines) Variation Determination 2016 (No.1) (the Variation Determination) is to make the following amendments to the National Health (Immunisation Program - Designated Vaccines) Determination 2014 (No.1) (the Determination):

  • amend the dosage schedule for a currently listed human papillomavirus vaccine (Cervarix) from three doses to two doses, for females 12-13 years;
  • add a new quadrivalent influenza vaccine (FluQuadri) for individuals aged three years and over;
  • add a new herpes zoster vaccine (Zostavax) for immunocompetent individuals aged 70 years, with a catch-up program for individuals aged 71-79 years.

 

Background

Pharmaceutical Benefits Advisory Committee (PBAC) recommendations

Section 9B(7) of the Act relevantly provides that a vaccine must not be specified in a determination under section 9B(2) unless the PBAC has recommended to the Minister that the vaccine be a designated vaccine.

In November 2014, the PBAC recommended that:

  • Zostavax be listed on the National Immunisation Program (NIP) for immunocompetent individuals aged 70 years, and a catch-up program for individuals aged 71 to 79 years.

 

In July 2015, the PBAC recommended that:

  • FluQuadri be listed on the NIP for persons aged three years and over who are currently eligible for seasonal influenza vaccine under the NIP.

In November 2015, the PBAC recommended that:

  • the current dosage schedule for Cervarix be changed from three doses to two doses for females aged 12-13 years.

Government approval

On 11 May 2015, the Cabinet approved for Zostavax to be a designated vaccine for the purposes of subsection 9B(2) of the Act, from 1 July 2016.

On 26 April 2016, the Minister for Health, Minister for Aged Care and Minister for Sport, the Hon Sussan Ley MP, approved the amendment to the current listing for Cervarix; and for FluQuadri to be a designated vaccine for the purposes of subsection 9B(2) of the Act, from 6 May 2016.

Details

The Determination commenced on 23 September 2014.  Once a vaccine is listed on the Determination, the supplier of that vaccine is eligible to participate in any tenders run by the Department of Health for supply of vaccine on the NIP.

 

Consultation

The Office of Best Practice Regulation considers that regulatory amendments that update the listing of vaccines on the NIP and their associated price to be machinery in nature.  Therefore in accordance with section 18(2)(a) of the Legislative  Act 2003 it has been determined that further consultation is unnecessary.

 

Commencement dates for each Item of the Variation Determination are as follows:

  • Schedule 1, Items 207B and 219 commence on 6 May 2016;
  • Schedule 1, Item 217A commences on 1 July 2016.

 

The Variation Determination is a legislative instrument for the purposes of the Legislative Act 2003.

 

 

 

 

 

 

 


NOTES ON ATTACHMENTS

 

Section 1 – Name of the Variation Determination

 

This section provides that the title of the Variation Determination is the National Health (Immunisation Program – Designated Vaccines) Variation Determination 2016 (No1).

 

Section 2 – Commencement

 

This section provides for Schedule 1, Items 207B and 219 of the Variation Determination to commence on 6 May 2016; and Schedule 1, Item 217A of the Variation Determination to commence on 1 July 2016.

 

Section 3 – Authority

These Rules are made under subsections 9B (2) and (5) of the National Health Act 1953.

 

Section 4Variation

This section provides that Schedule 1 varies the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No. 1).

 

Schedule 1 Amendments

 

Subsection 7(8)

Amend clause to include Item 207B

 

Item 207B

Add a new quadrivalent influenza vaccine (FluQuadri) for individuals aged three years and over.

 

Item 219

Amend the dosage schedule for a currently listed human papillomavirus vaccine (Cervarix) from three doses to two doses, for females 12-13 years.

 

Item 217A

Add a new herpes zoster vaccine (Zostavax) for immunocompetent individuals aged 70 years, with a catch-up program for individuals aged 71-79 years.

 

 

 

 

 

 

 

 

 


Statement of Compatibility with Human Rights

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

 

National Health (Immunisation Program – Designated Vaccines) Variation
Determination 2016 (No.1)

 

The National Health (Immunisation Program – Designated Vaccines) Variation Determination 2016 (No. 1) (the Variation Determination) 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 Variation Determination varies the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No.1) (the Determination), which determines that a specified vaccine is a designated vaccine for the purposes of subsection 9B(2) of the National Health Act 1953 (the Act), and also specifies circumstances in which designated vaccines may be provided for the purposes of subsection 9B(3) of the Act.

The Variation Determination:

  • amends the dosage schedule for a human papillomavirus vaccine (Cervarix) from three doses to two doses, for females 12-13 years;
  • adds a new quadrivalent influenza vaccine (FluQuadri) for individuals aged three years and over; and
  • adds a new herpes zoster vaccine (Zostavax) for immunocompetent individuals aged 70 years, including a catch-up program for individuals aged 71-79 years.

 

Human Rights Implications

The Variation Determination engages Articles 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 

The Variation Determination assists the advancement of this human right by providing free access for eligible people to designated vaccines.  This is a positive step towards attaining the highest standard of health for all Australians, by protecting individuals and the community against vaccine preventable disease. 

The Variation Determination is also consistent with the advancement of Article 1 of the ICESCR.  Since vaccination is not mandatory in Australia this enables the right to self-determination.

Conclusion

The Variation Determination is compatible with human rights because it advances the protection of human rights as outlined above.

Masha Somi

Assistant Secretary Immunisation Branch

Office of Health Protection

Department of Health

Overview

The National Health (Immunisation Program – Designated Vaccines) Variation Determination 2016 (No.1) was enacted to amend the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No.1) under section 9B of the National Health Act 1953. This variation was introduced to address gaps identified in the immunisation program by the Pharmaceutical Benefits Advisory Committee (PBAC) and approved by the Minister for Health. The determination was made by the Minister for Health, Minister for Aged Care and Minister for Sport, the Hon Sussan Ley MP, and is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The primary objective of this variation is to align the immunisation program with current medical recommendations by modifying the dosage schedule for certain vaccines and introducing new vaccines into the program. This Variation Determination modifies the dosage schedule for a human papillomavirus vaccine (Cervarix) from three doses to two doses for females aged 12-13 years, adds a new quadrivalent influenza vaccine (FluQuadri) for individuals aged three years and over, and introduces a new herpes zoster vaccine (Zostavax) for immunocompetent individuals aged 70 years, along with a catch-up program for those aged 71-79 years. The amendments were recommended by the PBAC and approved by the Cabinet, ensuring that the immunisation program remains effective and up-to-date with the latest health guidelines. The Variation Determination is compatible with human rights, particularly by advancing the right to the highest attainable standard of physical and mental health as outlined in the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The National Health (Immunisation Program – Designated Vaccines) Variation Determination 2016 (No.1) amends the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No.1) by introducing changes to the immunisation program under the National Health Act 1953. This legislation applies to individuals and entities involved in the provision of vaccines as part of the National Immunisation Program (NIP) and extends to all jurisdictions within Australia. The Variation Determination specifies changes to the dosage schedule for the human papillomavirus vaccine (Cervarix), reducing it from three doses to two doses for females aged 12-13 years, and introduces a new quadrivalent influenza vaccine (FluQuadri) for individuals aged three years and over. Additionally, it adds a new herpes zoster vaccine (Zostavax) for immunocompetent individuals aged 70 years and establishes a catch-up program for individuals aged 71-79 years. The changes are effective from 6 May 2016 for FluQuadri and from 1 July 2016 for Zostavax, aligning with recommendations by the Pharmaceutical Benefits Advisory Committee (PBAC). The Determination does not specify exclusions or thresholds beyond the eligibility criteria set for each vaccine, and its application can be extended or restricted through subordinate instruments as needed.

Key Provisions

The National Health (Immunisation Program – Designated Vaccines) Variation Determination 2016 (No.1) (the Variation Determination) is a legislative instrument that amends the National Health (Immunisation Program - Designated Vaccines) Determination 2014 (No.1) (the Determination) under the National Health Act 1953 (the Act). It varies the listing of vaccines on the National Immunisation Program (NIP) and specifies circumstances for their provision. Specifically, the Variation Determination makes three main amendments to the Determination. Firstly, it changes the dosage schedule for the human papillomavirus vaccine Cervarix from three doses to two doses for females aged 12-13 years (Schedule 1, Item 219). Secondly, it adds a new quadrivalent influenza vaccine (FluQuadri) for individuals aged three years and over (Schedule 1, Item 207B). Thirdly, it adds a new herpes zoster vaccine (Zostavax) for immunocompetent individuals aged 70 years and a catch-up program for individuals aged 71-79 years (Schedule 1, Item 217A). The Variation Determination imposes obligations on the parties or entities it governs, primarily those involved in the supply and administration of vaccines on the NIP. It specifies which vaccines are designated vaccines and under what circumstances they may be provided. Suppliers of vaccines listed in the Determination are eligible to participate in tenders run by the Department of Health for the supply of vaccines on the NIP. The Determination also requires that these vaccines be provided in accordance with the specified dosage schedules and target age groups. The Variation Determination does not explicitly state any offences, penalties, or civil or criminal consequences for breach. However, failure to comply with the provisions of the Determination could potentially lead to legal action under the National Health Act 1953 or other relevant legislation. Non-compliance with the Act could result in civil or criminal penalties, including fines or imprisonment, depending on the nature and severity of the breach. The specific penalties for breaches of the Act would be determined in accordance with the relevant provisions of the Act and any other applicable laws.

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