VACCINATION CERTIFICATE EXEMPTION

PUBLIC HEALTH AND WELLBEING AMENDMENT (NO JAB, NO PLAY) ACT 2015 (NO. 55 OF 2015) - SECT 5

New sections 143A, 143B, 143C and 143D inserted

After the heading to Division 7 of Part 8 of the Principal Act insert — (Principle Act is Public Health and Wellbeing Act 2008).

        " 143A     Application of sections 143B, 143C and 143D 

Sections 143B, 143C and 143D apply in relation to any child that is to attend an early childhood service.

        143B     Obligation of person in charge of early childhood service 

(1)     The person in charge of an early childhood service must ensure that the enrolment of a child at the early childhood service is not confirmed unless a parent of the child has provided to the early childhood service an immunisation status certificateindicating that, in relation to a date that is not more than 2 months immediately before the date that the child first attends the early childhood service—

(a)     the child is age appropriately immunised; or

(b)     immunisation of the child with one or more vaccines so that the child is age appropriately immunised would be medically contraindicated under the specifications set out in the Australian Immunisation Handbook within the meaning of section 3(1) of the A New Tax (Family Assistance) Act 1999 of the Commonwealth.

        143C     Exemption—early childhood services 

(1)     Subject to subsection (2), the person in charge of an early childhood service is not required to comply with section 143B in relation to a child if—

(g)     a circumstance specified in the guidelines made under section 143D applies in relation to the child.

(2)     Within 16 weeks after the date on which the child first attends the early childhood service, the person in charge of the early childhood service must take reasonable steps to ensure that an immunisation status certificate in relation to the child is provided by a parent of the child.

        143D     Secretary's guidelines in relation to exemption 

(1)     For the purposes of section 143C(1)(g), the Secretary may make guidelines specifying the circumstances that may apply in relation to a child.

(2)     The guidelines made under subsection (1)—

(a)     must be published in the Government Gazette