Social Services Legislation Amendment (No Jab, No Pay) Act 2015 (158 of 2015)

Schedule 1   Amendments

A New Tax System (Family Assistance) Act 1999

4   Subsections 6(3) to (8)

Repeal the subsections, substitute:

Medical contraindication, natural immunity and vaccine study

(3) The child meets the immunisation requirements if:

(a) a general practitioner 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 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.

Temporary unavailability of vaccine

(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.

Child vaccinated overseas

(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.

Secretary's decision

(6) The child meets the immunisation requirements if the Secretary determines in writing that the child meets the immunisation requirements.

(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.