Australian Capital Territory Current Regulations

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PUBLIC HEALTH REGULATION 2000 - REG 13

Exclusion of children from school

    (1)     This section applies if the chief health officer believes, on reasonable grounds, that there is a significant risk to public health caused by—

        (a)     an occurrence of a vaccine preventable disease at a school; or

        (b)     an occurrence of a vaccine preventable disease in the community where a school is situated.

    (2)     The chief health officer may give a written direction (a school health direction ) to the person in charge of the school to do 1 or more of the following:

        (a)     exclude from school a child, or each child, who has the disease;

        (b)     exclude from school a non-immunised child, or each non-immunised child;

        (c)     in circumstances specified in the direction, exclude from school a child, or each child, who has the disease;

        (d)     in circumstances specified in the direction, exclude from school a non-immunised child, or each non-immunised child;

        (e)     take other action specified in the direction to reduce the public health risk caused by the occurrence of the disease.

Note     For how documents may be given, see the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, pt 19.5.

    (3)     A school health direction has effect for a child until the earliest happening of the following days:

        (a)     a day (if any) specified in the direction for the child;

        (b)     a day specified in a return to school notice for the child.

    (4)     The person in charge of the school must give written notice of the effect of a school health direction to a parent or guardian of a child for whom the direction is given.

Maximum penalty: 10 penalty units.

    (5)     When the chief health officer is satisfied that the risk to public health has ceased, the chief health officer may direct the person in charge of the school to give a notice (a return to school notice ) to a parent or guardian of a child who has been excluded to the effect that the child may restart attendance at school on a day specified in the notice.

    (6)     The chief health officer may issue more than 1 school health direction for a child.

    (7)     If more than 1 school health direction is issued for a child, the most recent direction prevails to the extent of any inconsistency.

    (8)     This section does not prevent or limit the operation of any other provision of this part.

    (9)     In this section:

"non-immunised child", for a vaccine preventable disease, means—

        (a)     a child who does not have an immunisation record for the disease; or

        (b)     a child whose immunisation record for the disease indicates that the child is not immunised against the disease.



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