Family Assistance (Meeting the Immunisation Requirements) Principles 2015

made under subsection 6(7) of the A New Tax System (Family Assistance) Act 1999.

Compilation No. 1               

Compilation date:                              10 August 2017

Includes amendments up to:            Family Assistance (Meeting the Immunisation Requirements) Principles Amendment 2017

This compilation was prepared by the Department of Social Services.

About this compilation

This compilation

This is a compilation of the Family Assistance (Meeting the Immunisation Requirements) Principles 2015 that shows the text of the law as amended and in force on 10 August 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1  Name of Principles

This Determination is the Family Assistance
(Meeting the Immunisation Requirements) Principles 2015.

2  Commencement

(1)     Sections 1 and 2 and 4 to 12 of these Principles commence immediately after Schedule 1 to the Social Services Legislation Amendment (No Jab, No Pay) Act 2015 commences.

(2)     Section 3 of these Principles commences immediately before Schedule 1 to the Social Services Legislation Amendment (No Jab, No Pay) Act 2015 commences.

3  Revocation

                   The following determinations are revoked:

(a)  Family Assistance (Exemption from the Immunisation Requirements) (FaHCSIA) Determination 2012;

(b)  Family Assistance (Meeting the Immunisation Requirements) (FaHCSIA) Determination 2012;

(c)  Child Care Benefit (Immunisation Requirements) (DEEWR) Determination 2013.

4  Interpretation

(1)      In these Principles:

                   Act means the A New Tax System (Family Assistance) Act 1999.

                   family violence has the same meaning as in section 4AB of the Family Law Act 1975.

                   listed medical practitioner means a medical practitioner whose name has been given to the Commonwealth Chief Medical Officer by the Chief Health Officer of a State or Territory for the purpose of giving certificates under section 13.

                   member of the immediate family means a person who is a partner, child, parent, grandparent, grandchild or sibling of the person.

                   overseas medical practitioner means a person authorised to practise as a medical practitioner under a law of another country and who is not also registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.

                   permanent humanitarian visa has the same meaning as in regulation 1.03 of the Migration Regulations 1994.

                   Note: Other terms used in these Principles are defined in the Act (see subsection 3(1)), including:

·         partner; and

·         recognised immunisation provider.

(2)   A reference in these Principles to a child meeting the usual immunisation  requirements is a reference to the child meeting one or more of the immunisation requirements mentioned in subsection 6(2), (3), (4) and (5) of the Act.

5  Application

                   These Principles 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 1 January 2016; 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 1 January 2016.

6  Purpose

These Principles set out decision-making principles that the Secretary must comply with when making a determination under subsection 6(6) of the Act that a child meets the immunisation requirements.

7  Decision-making principles

(1)      The Secretary may make a determination under subsection 6(6) of the Act if, and only if, the Secretary is satisfied that the requirements in section 8, 9, 10, 11, 12 or 13 are met.    

(1A) If, when making a determination under subsection 6(6) of the Act in relation to a child, the Secretary is satisfied that the child is likely to meet the usual immunisation requirements within a particular period, the Secretary must make the determination for no longer than that period.

Note   The Secretary is able to make another determination under subsection 6(6) of the Act in relation to the child at the end of the period.

(2)      If the Secretary makes a determination under subsection 6(6) of the Act in relation to a child because the Secretary is satisfied that the requirements in section 10 are met, the Secretary must make the determination for no longer than 6 months after the child’s first entry into Australia.

(3)      If, while a determination under subsection 6(6) of the Act is in force in relation to a child, the Secretary is satisfied that the child meets the usual immunisation requirements, the Secretary must revoke the determination.

Note   The Secretary revokes a determination under subsection 6(6) of the Act as affected by subsection 33(3) of the Acts Interpretation Act 1901.

8  Refusal of consent to vaccination etc.

(1)  The requirements of this section are met if:

(a)  the child is in the care of a person whose eligibility for child care benefit is being assessed (claimant); and

(b)  neither the claimant nor the claimant’s partner has legal authority to make decisions about the medical treatment of the child; and

(c)  if the child is aged under 14 years, a person (other than the child) with legal authority to make decisions about the medical treatment of the child has refused, or failed within a reasonable time, to provide consent to the claimant taking actions to enable the child to meet the usual immunisation requirements;

(d)  if the child is aged at least 14 years, the child has refused, or failed within a reasonable time, to provide consent to the claimant taking actions to enable the child to meet the usual immunisation requirements.

(2)  The requirements of this section are also met if:

(a)  the child must meet the immunisation requirements for FTB Part A supplement; and

(b)  the individual has care of the child under a law mentioned in subparagraph 49(1)(a)(i) or (ii) of the Act; and

(c)  neither the individual nor the individual’s partner has legal authority to make decisions about the medical treatment of the child; and

(d)  if the child is aged under 14 years, a person (other than the child) with legal authority to make decisions about the medical treatment of the child has refused, or failed within a reasonable time, to provide consent to the individual taking actions to enable the child to meet the usual immunisation requirements;

(e)  if the child is aged at least 14 years, the child has refused, or failed within a reasonable time, to provide consent to the individual taking actions to enable the child to meet the usual immunisation requirements.

9  Family violence

                   The requirements of this section are met if there is a risk that:

(a)  the individual:

(i)  whose eligibility for child care benefit is being assessed; or

(ii) who has care of a child and the child must meet the immunisation requirements for FTB Part A supplement; or

(b)  the child; or

(c)  a member of the immediate family of the individual or the child;

would be subject to family violence if the individual took action to enable the child to meet the usual immunisation requirements.

10  Permanent humanitarian visa holder

                   The requirements of this section are met if:

(a)  the individual:

(i)    whose eligibility for child care benefit is being assessed; or

(ii)  who has care of a child and the child must meet the immunisation requirements for FTB Part A supplement;

is the holder of a permanent humanitarian visa; and

(b)  no more than 6 months have passed since the child’s first entry to Australia.

Note   A determination made for these reasons can only be in force for a maximum of 6 months after the child first enters Australia: see subsection 7(2).

11  Child vaccinated outside Australia

                         The requirements of this section are met if:

(a)  an individual has care of a child and the child must meet  the immunisation requirements for FTB Part A supplement; and

(b)  the child is outside Australia; and

(c)  the child has received one or more vaccinations while outside Australia; and

(d)  a overseas medical practitioner 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 of the Act; and

(e)  it is not possible for a recognised immunisation provider to certify that the 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 of the Act; and

(f)   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 of the Act.

12  Child at risk of serious abuse or neglect

                         The requirements of this section are met if:

(a)  an approved child care service’s eligibility for child care benefit is being assessed; and

(b)  the child is at risk of serious abuse or neglect; and

(c)  if the Secretary did not make the determination, the risk to the child of serious abuse or neglect would be increased.

13  Unacceptable risk of harm to child or another person

                   The requirements of this section are met if:

(a)  a listed medical practitioner has certified in writing, in a form and manner, if any, required by the Secretary, that, for the reasons set out in the certificate, immunisation of the child would result in an unacceptable risk of physical harm to the child or a person administering a vaccination to the child; and

(b)  the Commonwealth Chief Medical Officer has certified in writing that he or she agrees with the listed medical practitioner.

Example     A child with a disruptive behavioural disorder or developmental disorder who reacts with aggression or defiant behaviour when faced with a medical procedure.

Note           Subsection 6(3) of the Act provides that a child meets the immunisation requirements if immunisation of the child would be medically contraindicated, the child has developed natural immunity, or the child is participating in a vaccine study.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted