EXPLANATORY STATEMENT
National Health Act 1953
National Health (Immunisation Program – Designated Vaccines) Variation Determination 2017 (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 2017 (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):
- Add a new clause which allows for the on-going provision of vaccines to individuals aged from 10 years to 19 years to receive vaccines that were not received at the specified age under the National Immunisation Program Schedule, as clinically appropriate.
- Add a new clause which allows for the provision of vaccines to refugee and other humanitarian visa entrants who have not received the full schedule of vaccinations under the National Immunisation Program Schedule, as clinically appropriate.
Background
Government approval
On 9 May 2017 as part of the 2017 Budget, the Government announced access to catch-up vaccines for all Australians aged 10-19 years as well as refugees and humanitarian entrants.
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 it has been determined that further consultation is unnecessary.
The commencement date for the Variation Determination is the day following registration.
The Variation Determination is a legislative instrument for the purposes of the Legislation 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 2017 (No.1).
Section 2 – Commencement
This section provides the Variation Determination commences on the day after registration.
Section 3 – Authority
These Rules are made under subsections 9B (2) of the National Health Act 1953.
Section 4 – Variation
This section provides that the Variation Determination varies the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No. 1).
Schedule Amendments
Item 1 of Variation Determination
Adds a new clause under Subsection 7 of the Determination as ‘7(11)’. This clause outlines additional circumstances by which Items 101, 102, 106, 107, 108, 202, 211, 212, 213, 214, 215, 216, 217, 218 and 219 can be provided under the NIP.
Adds a new clause under Subsection 7 of the Determination as ‘7(12)’. This clause outlines additional circumstances by which Items 101, 102, 202, 211, 212, 215, 216 and 217 can be provided under the NIP.
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 2017 (No.1)
The National Health (Immunisation Program – Designated Vaccines) Variation Determination 2017 (No. 1) (the Variation Determination) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Part 1, 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:
- Adds a new clause which allows for the on-going provision of vaccines to individuals aged from 10 years to 19 years to receive vaccines that were not received at the specified age under the National Immunisation Program Schedule, as clinically appropriate.
- Adds a new clause which allows for the provision of vaccines to refugee and other humanitarian visa entrants who have not received the full schedule of vaccinations under the National Immunisation Program Schedule, as clinically appropriate.
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.
Hope Peisley
Assistant Secretary (a/g) Immunisation Branch
Office of Health Protection
Department of Health