House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Health and Minister for Sport, the Hon Greg Hunt MP)

Outline

Currently under paragraph 9(c) of the Australian Immunisation Register Act 2015 (AIR Act), the Australian Immunisation Register (AIR) is only able to recognise medical exemptions to vaccination assessed by general practitioners. This approach was taken to prevent medical practitioners not specialising in immunisation from conducting assessments and to protect individual's privacy in moving from the Australian Childhood Immunisation Register (ACIR) which held records of 2.2 million children up to 7 years of age, to a whole of life register, the AIR, on 30 September 2016 with records for over 25 million individuals.

Currently under paragraph 9(c) of the Australian Immunisation Register Act 2015 (AIR Act), the Australian Immunisation Register (AIR) is only able to recognise medical exemptions to vaccination assessed by general practitioners. This approach was taken to prevent medical practitioners not specialising in immunisation from conducting assessments and to protect individual's privacy in moving from the Australian Childhood Immunisation Register (ACIR) which held records of 2.2 million children up to 7 years of age, to a whole of life register, the AIR, on 30 September 2016 with records for over 25 million individuals.

The need for this Bill arose since the introduction of the AIR Act. The Department of Health has received feedback by some medical specialists requesting the ability to have their assessments of medical exemptions recognised by the AIR. These clinics have advised that having to send patients on to general practitioners to get medical exemptions has added a burden of time for patients.

This Bill will make minor amendments to paragraph 9(c) and subparagraph 9(d)(iii) of the AIR Act to allow paediatricians, public health physicians, infectious diseases physicians and clinical immunologists to have their assessments of medical exemptions to immunisation recognised by the Australian Immunisation Register, in addition to general practitioners.

This Bill also makes a minor amendment to paragraph 9(b) of the AIR Act to make it explicit that vaccination information under that paragraph can only be provided by recognised vaccination providers, and not members of the public.

This Bill in Schedule 2 also amends the A New Tax System (Family Assistance) Act 1999 (FA Act) for consistency in the assessments for medical exemptions recognised for AIR and family assistance benefit purposes. The FA Act references the individuals able to notify medical exemptions to immunisations in paragraphs 6(3)(a) and (b).

The Departments of Human Services, Education and Training, Social Services, and Prime Minister and Cabinet were consulted during the drafting of the Australian Immunisation Register and Other Legislation Amendment Bill 2017.

Financial Impact Statement

There is no financial impact from this Bill.

Statement of Compatibility with Human Rights

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

Australian Immunisation Register and Other Legislation Amendment Bill 2017

This Bill 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 Bill

Currently under paragraph 9(c) of the Australian Immunisation Register Act 2015 (AIR Act), the Australian Immunisation Register (AIR) is only able to recognise medical exemptions to vaccination assessed by general practitioners. This approach was taken to prevent medical practitioners not specialising in immunisation from conducting assessments and to protect individual's privacy in moving from the Australian Childhood Immunisation Register (ACIR) which held records of 2.2 million children up to 7 years of age, to a whole of life register, the AIR, on 30 September 2016 with records for over 25 million individuals.

The need for this Bill arose since the introduction of the AIR Act. The Department of Health has received feedback by some medical specialists requesting the ability to have their assessments of medical exemptions recognised by the AIR. These clinics have advised that having to send patients on to general practitioners to get medical exemptions has added a burden of time for patients.

This Bill will make minor amendments to paragraph 9(c) and subparagraph 9(d)(iii) of the AIR Act to allow paediatricians, public health physicians, infectious diseases physicians and clinical immunologists to have their assessments of medical exemptions to immunisation recognised by the Australian Immunisation Register, in addition to general practitioners.

This Bill also makes a minor amendment to paragraph 9(b) of the AIR Act to make it explicit that vaccination information under that paragraph can only be provided by recognised vaccination providers, and not members of the public.

This Bill in Schedule 2 also amends the A New Tax System (Family Assistance) Act 1999 (FA Act) for consistency in the assessments for medical exemptions recognised for AIR and family assistance benefit purposes. The FA Act references the individuals able to notify medical exemptions to immunisations in paragraphs 6(3)(a) and (b).

The Departments of Human Services, Education and Training, Social Services, and Prime Minister and Cabinet were consulted during the drafting of the Australian Immunisation Register and Other Legislation Amendment Bill 2017.

Human rights implications

This Bill does not engage any of the applicable rights or Freedoms.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

The Hon Greg Hunt MP, the Minister for Health, Minister for Sport