Explanatory Memorandum
(Circulated by authority of the Minister for Health, The Hon Sussan Ley MP)SCHEDULE 2 - Amendments commencing later in 2016
This schedule amends the Australian Immunisation Register Act 2015 to reflect the expansion of the Australian Childhood Immunisation Register (ACIR) to become the Australian Immunisation Register. The ACIR is being expanded to become a whole-of-life register which will record details of vaccinations given, from birth to death, administered through General Practices or community clinics.
Australian Immunisation Registers Act 2015
1. Section 3 Simplified outline of the Act
The outline will be repealed to remove reference to 'young individuals'. From October 2016, the Register will record vaccination information of all Australian's, not just the young.
2.-8. Section 4 (definitions)
Makes amendments to the definitions as follows;
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- Definition of "purposes of the ACI Register" will be repealed.
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- "Purposes of the AI Register" will be added as a definition as the register will no longer be known as the Australian Childhood Immunisation Register but the Australian Immunisation Register.
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- A definition of a legal personal representative is to be added. The definition includes parents or guardians of a person under the age of 18 years, a trustee of an estate or a person who holds an enduring power of attorney.
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- Definition of "young individual" is being repealed. The Register is expanding to cater for all individuals, not just individuals less than 20 years.
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- subparagraph (b)(i) of the definition of "recognised vaccination provider" needs to be amended to reflect the name change of the Register.
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- subparagraph (d)(i) of the definition of "relevant identifying information" will be amended to omit reference to a parent or guardian and add instead reference to legal personal representative.
9. Part 2 (heading)
The heading of Part 2 includes reference to the ACI Register. This amendment repeals the reference and substitutes;
'Part 2- Australia Immunisation Register'
10-33.
Specific clauses and paragraphs within the Australian Immunisation Register Act 2015 refer to young individual. The expansion of the register requires these paragraphs to be amended to reflect all individuals not just the young. 'Young individual' or 'young individual's' are to be replaced with 'individual' or 'individuals' in Section 7, Section 9, Section 10, and Section 12.
Similarly, within Part 2, references of the "Australia Childhood Immunisation Register" or "ACI register" are contained within Section 7, Section 8, Section 9, Section 13, Section 21 and Section 22. These amendments omit references to the ACI Register within the above mentioned sections and substitution reference to the newly formed "Australian Immunisation Register" or "AI register".
21.-33. Section 10(2), Subsection 11(1) (Note), Subsection 11(2) and subsection 26(2)
Amendments to these provisions are made to include disclosure of information to a legal personal representative which includes a parent or guardian of a person ages less than 18 years. The expansion of the Register means the Register will include not only include collection of information about the very young but individuals who may be incapable of managing his or her affairs and may have trustee of an estate or a person who holds an enduring power of attorney managing their health affairs.
Healthcare Identifiers Act 2010
34. Section 5 (definition of Australian Childhood Immunisation Register)
The definition of the ACIR used in the Healthcare Identifiers Act 2010 is to be repealed.
35. Subparagraph 22D(2)(a)(ii)
The subparagraph will be updated to allow information included on the Australian Immunisation Register kept under Australian Immunisation Register Act 2015 to be transferred to an individual's PCHER. It will facilitate use and disclosure of healthcare identifiers for the purposes uploading information to an individual's PCEHR and will not be an offence under 26 of the Healthcare Identifiers Act 2010.