PART 2
-
INTERPRETATION
Division 2
-
Immunisation rules
SECTION 6
Immunisation requirements
6(1)
This section states when the child of an individual (the
adult
) meets the immunisation requirements for the purposes of determining:
(a)
whether the adult is eligible for child care subsidy under Division
2
of Part
4A
; or
(b)
whether an approved provider is eligible for ACCS (child wellbeing) for sessions of care provided to the child.
History
S 6(1) substituted by No 22 of 2017, s 3 and Sch 1 item 30, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 6(1) formerly read:
6(1)
This section states when the child of an individual (the
adult
) meets the immunisation requirements for the purposes of determining whether:
(a)
the adult is eligible for child care benefit under Division 4 of Part 3; or
(b)
the adult
'
s FTB child rate in relation to the child is reduced under subclause 7(2) or (3) or 26(3) or (4) of Schedule 1 (see sections 61A and 61B); or
(c)
whether the adult
'
s FTB child rate in relation to the child is reduced under subclause 7(2) or (3) or 26(3) or (4) of Schedule 1 (see sections 61A and 61B).
S 6(1) amended by No 36 of 2018, s 3 and Sch 2 item 27, by inserting para (c), effective 2 July 2018. No 36 of 2018, s 3 and Sch 2 item 28 contains the following application provision:
28 Application of amendments
(1)
The amendments made by this Division apply in relation to the day (the
commencement day
) this item commences and later days.
(2)
However, despite the amendments of that Act made by this Division, that Act, as in force before that day, continues to apply in relation to any days that occur before the commencement day.
S 6(1) amended by No 36 of 2018, s 3 and Sch 2 item 25, by substituting para (b), effective 1 July 2018. No 36 of 2018, s 3 and Sch 2 item 26 contains the following application provision:
26 Application of amendments
(1)
The amendments made by this Division apply in relation to the day (the
commencement day
) this item commences and later days.
(2)
However, despite the amendments of that Act made by this Division, that Act, as in force before that day, continues to apply in relation to any days that occur before the commencement day.
Para (b) formerly read:
(b)
FTB Part A supplement is to be added in working out the adult
'
s maximum Part A rate of family tax benefit.
S 6(1) substituted by No 49 of 2012, s 3 and Sch 1 item 1, effective 1 July 2012. For application and transitional provisions see note under s
61B
.
S 6(1) formerly read:
6(1)
This section states when the child of an individual (the
adult
) meets the immunisation requirements for the purposes of determining whether the adult is eligible for:
(a)
maternity immunisation allowance under Division 3 of Part 3; or
(b)
child care benefit under Division 4 of Part 3.
Child immunised
6(2)
The child meets the immunisation requirements if the child has been immunised.
Medical contraindication, natural immunity and vaccine study
6(3)
The child meets the immunisation requirements if:
(a)
a general practitioner, a paediatrician, a public health physician, an infectious diseases physician or a clinical immunologist has certified in writing that the immunisation of the child would be medically contraindicated under the specifications set out in the Australian Immunisation Handbook; or
(b)
a general practitioner, a paediatrician, a public health physician, an infectious diseases physician or a clinical immunologist has certified in writing that the child does not require immunisation because the child has contracted a disease or diseases and as a result has developed a natural immunity; or
(c)
the child is a participant in a vaccine study approved by a Human Research Ethics Committee registered with the National Health and Medical Research Council.
History
S 6(3) amended by No 81 of 2017, s 3 and Sch 2 item 1, by inserting
"
, a paediatrician, a public health physician, an infectious diseases physician or a clinical immunologist
"
in para (a) and (b), applicable in relation to certifications given on or after 17 August 2017.
S 6(3) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. No 158 of 2015, s 3 and Sch 1 item 19 contains the following application and transitional provision:
19 Application and transitional provisions
(1)
The amendments made by this Schedule apply:
(a)
in relation to working out whether FTB Part A supplement is to be added, in working out an individual
'
s Part A rate of family tax benefit, for a day on or after the commencement of this item; and
(b)
in relation to working out whether an individual, or an approved child care service, is eligible for child care benefit for care provided to a child on a day on or after the commencement of this item.
(2)
A certification mentioned in subsection
6(5)
or
(6)
of the
A New Tax System (Family Assistance) Act 1999
(as in force immediately before the commencement of this item) that had effect immediately before that commencement is taken, on and after that commencement, to be a certification of a general practitioner for the purposes of paragraph
6(3)(a)
or (b) of that Act (as amended by this Act), as the case requires.
(3)
Sections
6
and
7
of the
A New Tax System (Family Assistance) Act 1999
, as in force immediately before the commencement of this item, do not apply on or after that commencement in relation to days before that commencement.
Note:
Subitem (3) means, for example, that on or after the commencement of this item, an individual cannot make a declaration under section
6
of that Act that he or she has a conscientious objection to a child being immunised.
S 6(3) formerly read:
Conscientious objection
6(3)
The child meets the immunisation requirements if a recognised immunisation provider has certified in writing that he or she has discussed with the adult the benefits and risks of immunising the child and the adult has declared in writing that he or she has a conscientious objection to the child being immunised.
Temporary unavailability of vaccine
6(4)
The child meets the immunisation requirements if:
(a)
the child has not received a vaccination at a particular age; and
(b)
the person who occupies, or is acting in, the position of Commonwealth Chief Medical Officer has certified in writing that the vaccine for that vaccination is, or all of the vaccines for that vaccination are, temporarily unavailable; and
(c)
if that vaccine, or one of those vaccines, had been available, the Secretary is satisfied that the child would have been immunised; and
(d)
that vaccine has not, or none of those vaccines have, become available.
History
S 6(4) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s
6(3)
. S 6(4) formerly read:
6(4)
The child meets the immunisation requirements if:
(a)
the child is an FTB child, or a regular care child, of another individual (whether or not the child is also an FTB child, or a regular care child, of the adult); and
(b)
a recognised immunisation provider has certified in writing that he or she has discussed with the other individual the benefits and risks of immunising the child and the other individual has declared in writing that he or she has a conscientious objection to the child being immunised.
S 6(4) amended by No 146 of 2006, s 3 and Sch 8 item 12, by inserting
"
, or a regular care child,
"
after
"
FTB child
"
(wherever occurring) in para (a), effective 1 July 2008.
Child vaccinated overseas
6(5)
The child meets the immunisation requirements if:
(a)
the child has received one or more vaccinations while outside Australia; and
(b)
a recognised immunisation provider has certified in writing that those vaccinations have provided the child with the same level of immunisation that the child would have acquired if the child had been vaccinated in accordance with a standard vaccination schedule, or a catch up vaccination schedule, determined under section
4
; and
(c)
the child has received, whether in or outside Australia, all the other vaccinations in accordance with a standard vaccination schedule, or a catch up vaccination schedule, determined under section
4
.
History
S 6(5) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s
6(3)
. S 6(5) formerly read:
Medical contraindication
6(5)
The child meets the immunisation requirements if a recognised immunisation provider has certified in writing that the immunisation of the child would be medically contraindicated under the specifications set out in the Australian Immunisation Handbook.
Secretary
'
s decision
6(6)
The child meets the immunisation requirements if the Secretary determines in writing that the child meets the immunisation requirements.
History
S 6(6) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s
6(3)
. S 6(6) formerly read:
Natural immunity
6(6)
The child meets the immunisation requirements if a medical practitioner has certified in writing that the child does not require immunisation because the child has contracted a disease or diseases and as a result has developed a natural immunity.
6(7)
In making a determination under subsection (6), the Secretary must comply with any decision-making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.
History
S 6(7) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s
6(3)
. S 6(7) formerly read:
Child is in an exempt class of children
6(7)
The child meets the immunisation requirements if the child is in a class exempted from the requirement to be immunised by a determination under subsection 7(1).
Requirements for certifications and applications for determinations
6(8)
The following must be made in the form and manner, contain any information, and be accompanied by any documents, required by the Secretary:
(a)
a certification under paragraph (3)(a) or (b), (4)(b) or (5)(b);
(b)
an application for a determination under subsection (6).
History
S 6(8) inserted by No 36 of 2018, s 3 and Sch 2 item 1, applicable in relation to certifications, and applications for determinations, made after 23 May 2018.
S 6(8) repealed by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s
6(3)
. S 6(8) formerly read:
Other circumstances
6(8)
The child meets the immunisation requirements if a determination in force under subsection 7(2) provides that the child meets the immunisation requirements.
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