National Health (Immunisation Program – Designated Vaccines) Variation Determination (No. 5) 2018

Administered by Department of Health, Disability and Ageing

Legislation au F2019L00034 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Health

 

National Health Act 1953

 

National Health (Immunisation Program – Designated Vaccines) Variation Determination (No.5) 2018

 

Authority

Subsection 9B(1) of the National Health Act 1953 (the Act) provides 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.  Subsection 9B(2) provides that the Minister may, by legislative instrument, determine that a specified vaccine is a designated vaccine for the purposes of the Act.  Subsection 9B(5) provides that in addition to specifying a vaccine, a determination may specify the circumstances in which the vaccine may be provided.

 

Purpose

The purpose of the National Health (Immunisation Program – Designated Vaccines) Variation Determination (No.5) 2018 (the Variation Determination) is to make amendments to the National Health (Immunisation Program - Designated Vaccines) Determination 2014 (No.1) (the Determination), including:

  • omit paragraph 7(8)(b) of the Determination and substitute with a new paragraph 7(8)(b) that provides revised circumstances in which the vaccines mentioned in subsection 7(8) of the Determination (Fluarix Tetra®, GSK and FluQuadri®, Sanofi) can be provided under the National Immunisation Program (NIP);
  • omit paragraphs 7(8A)(b) and 7(8A)(c) of the Determination and substitute with new paragraphs 7(8A)(b) and 7(8A)(c), respectively, that provides revised circumstances in which the vaccine mentioned in subsection 7(8A) of the Determination (Afluria Quad®, Seqirus) can be provided under the NIP; and
  • insert after paragraph 7(8A)(c) a new paragraph 7(8A)(d) that provides a revised circumstance in which the vaccine mentioned in subsection 7(8A) of the Determination (Afluria Quad®, Seqirus) can be provided under the NIP.

 

Background

Pharmaceutical Benefits Advisory Committee (PBAC) recommendations

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

In November 2018, the PBAC recommended changes to the current NIP listing of                 Afluria Quad® to include individuals aged 5 to 17 years who are currently eligible for free quadrivalent influenza vaccines through the NIP. The PBAC also recommended expanding the eligibility for free seasonal influenza vaccine (Fluarix Tetra®, FluQuadri® and Afluria Quad®) on the NIP to Aboriginal and Torres Strait Islander people aged 5 to 14 years.

 

Government approval

On 14 December 2018, the Minister for Health, the Hon Greg Hunt MP, approved amendments to the current NIP listing for Afluria Quad®, Fluarix Tetra® and FluQuadri® under the Act. This will take effect from the day after registration.

Details

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

 

Consultation

The Office of Best Practice Regulation has advised 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.

 

Details of the Determination are set out in the Attachment.

 

The Determination commences on the day after registration.

 

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

Authority:     Subsection 9B(2) of the

 National Health Act 1973

 

ATTACHMENTS

 

DETAILS ON THE NATIONAL HEALTH (IMMUNISATION PROGRAM – DESIGNATED VACCINES) VARIATION DETERMINATION (NO. 5) 2018

 

1. Name of Determination

Section 1 provides that the title of the Determination is the National Health (Immunisation Program – Designated Vaccines) Variation Determination (No 5) 2018 (the Variation Determination).

 

2. Commencement

Section 2 provides that the Variation Determination commences on the day after registration.

 

3. Authority

Section 3 provides that the Variation Determination is made under subsection 9B(2) of the National Health Act 1953.

 

4. Variation of National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No. 1)

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

 

Schedule  Amendments

 

Item 1 – Paragraph 7(8)(b)

Item 1 omits paragraph 7(8)(b) of the Determination and substitutes with a new paragraph 7(8)(b). The new paragraph 7(8)(b) provides revised circumstances in which item 207A and 207B of Schedule 1 (Fluarix Tetra® and FluQuadri®, respectively) may be provided under the NIP.

 

Item 2 – Paragraph 7(8A)(b)

Item 2 omits paragraph 7(8A)(b) of the Determination and substitutes with a new paragraph 7(8A)(b). The new paragraph 7(8A)(b) provides revised circumstances in which the item 207C (Afluria Quad®) of Schedule 1 may be provided under the NIP.

 

Item 3 – Paragraph 7(8A)(c)

Item 3 omits paragraph 7(8A)(c) of the Determination and substitutes with a new paragraph 7(8A)(c). The new paragraph 7(8A)(c) provides revised circumstances in which the item 207C (Afluria Quad®) of Schedule 1 may be provided under the NIP.

 

Item 4 - After paragraph 7(8A)(c)

Item 4 inserts a new paragraph 7(8A)(d) after paragraph 7(8A)(c) of the Determination. The new paragraph 7(8A)(d) provides revised circumstances in which the item 207C (Afluria Quad®) of Schedule 1 may 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 (No.5) 2018

 

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 National Health (Immunisation Program – Designated Vaccines) Variation Determination (No. 5) 2018 (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).

The Variation Determination extends the age eligibility for Afluria Quad® to persons aged 5 to 17 years listed in Item 207C of Schedule 1 of the Determination

The Variation Determination also adds an additional cohort of Aboriginal and Torres Strait Islander persons aged 5 years to 14 years to the list of cohorts eligible for Fluarix Tetra®, FluQuadri® and Afluria Quad® listed in items 207A, 207B and 207C of Schedule 1 of the Determination.

Human Rights Implications

This Variation Determination engages the right to health as set out in Article 2 and 12 of the International Covenant on Economic, Social and Cultural Rights 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. 

Conclusion

The Variation Determination is compatible with human rights as it promotes the right to health.

 

Masha Somi

Assistant Secretary Immunisation Branch

Office of Health Protection

Department of Health

 

 

 

Overview

The National Health (Immunisation Program – Designated Vaccines) Variation Determination (No.5) 2018 was enacted to amend the existing National Health (Immunisation Program - Designated Vaccines) Determination 2014 (No.1) under subsection 9B(2) of the National Health Act 1953. This determination was made by the Minister for Health, the Hon Greg Hunt MP, following recommendations from the Pharmaceutical Benefits Advisory Committee (PBAC) to expand eligibility for free quadrivalent influenza vaccines through the National Immunisation Program (NIP). The policy objective of this legislation is to improve public health by increasing access to vaccines for specific age groups, including children aged 5 to 17 years and Aboriginal and Torres Strait Islander people aged 5 to 14 years. This variation is designed to ensure that more Australians can benefit from free vaccinations, thereby enhancing overall community health and reducing the incidence of vaccine-preventable diseases.

Scope and Application

The National Health (Immunisation Program – Designated Vaccines) Variation Determination (No.5) 2018 applies to the administration of the National Health Act 1953, specifically concerning the provision of designated vaccines under the National Immunisation Program (NIP). This legislation extends to the Commonwealth and is applicable to the entities involved in the procurement and supply of vaccines listed under the NIP. The Variation Determination primarily targets the public health sector by adjusting the eligibility criteria for the administration of specific influenza vaccines, namely Fluarix Tetra®, FluQuadri®, and Afluria Quad®. The changes include expanding the age range for the eligibility of Afluria Quad® to individuals aged 5 to 17 years and including Aboriginal and Torres Strait Islander people aged 5 to 14 years in the eligibility for free seasonal influenza vaccines. The Determination does not explicitly state any exclusions or thresholds, but it does specify the circumstances under which the vaccines can be provided. The application of this Act can be further extended or restricted through subordinate instruments as deemed necessary by the Minister for Health.

Key Provisions

The main operative sections of the National Health (Immunisation Program – Designated Vaccines) Variation Determination (No. 5) 2018 (the Variation Determination) (sections 1–4) establish the title, commencement, authority, and variations to the National Health (Immunisation Program – Designated Vaccines) Determination 2014 (No. 1) (the Determination). The Variation Determination is designed to update the eligibility criteria for certain vaccines under the National Immunisation Program (NIP), as recommended by the Pharmaceutical Benefits Advisory Committee (PBAC). Specifically, the Variation Determination extends the eligibility for Afluria Quad® to individuals aged 5 to 17 years and adds an additional cohort of Aboriginal and Torres Strait Islander people aged 5 to 14 years to the list of cohorts eligible for free seasonal influenza vaccines (Fluarix Tetra®, FluQuadri® and Afluria Quad®) (Schedule 1, Items 1–4). The Variation Determination imposes certain obligations on the parties or entities it governs. For example, it specifies the circumstances in which the designated vaccines can be provided under the NIP, including the eligibility criteria for individuals and specific cohorts (Schedule 1, Items 1–4). Additionally, the Variation Determination requires the supplier of a listed vaccine to participate in any procurement processes undertaken by the Department of Health for the supply of vaccines on the NIP. This ensures that the NIP remains up-to-date and accessible to eligible individuals and cohorts. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Variation Determination for breach. However, the National Health Act 1953 (the Act) may contain provisions that address non-compliance with the Act or related regulations. It is essential for parties or entities governed by the Variation Determination to adhere to the specified circumstances and eligibility criteria to avoid any potential consequences under the Act or other applicable legislation.

Legal classification tags

Area of Law
Health Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.