New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 88

88 Responsibilities of principals during outbreaks of vaccine preventable disease

(cf 1991 Act, s 42D)

(1) The principal of a school or child care facility must, as soon as practicable, ensure that the public health officer is given notice in writing, in the approved form, if--

(a) the principal becomes aware that a child enrolled at the school or facility has a vaccine preventable disease, or

(b) the principal reasonably suspects that a child enrolled at the school or facility who is a child at risk has come into contact with a person who has a vaccine preventable disease.

(2) On receiving a notice referred to in subsection (1) or if the public health officer reasonably believes that a child at risk has come into contact with a person who has a vaccine preventable disease, the public health officer may direct the principal of the school or child care facility to do either or both of the following, in respect of the child that has the disease, the child who has come into contact with a person who has the disease and any other child enrolled at the school or facility who is a child at risk--

(a) to give to a parent of each such child a notice to the effect that, unless specified requirements are complied with in respect of the child within a specified period, the child is not to attend the school or facility for the duration of the outbreak of the disease,

(b) to take other specified action with respect to each such child.

(3) In giving any such direction, the public health officer must not fail to comply with any requirements prescribed by the regulations for the purposes of this section.

(4) On receiving any such direction, the principal of the school or child care facility must not, without reasonable excuse, fail to comply with the direction.

(5) A principal who has given a notice referred to in subsection (2)(a) in respect of a child must ensure that the child is excluded from the school or child care facility concerned for the duration of the outbreak of the disease unless the requirements specified in the notice have been duly complied with.

(6) Subsections (1) and (2) do not apply while the school or child care facility is closed for a public holiday or vacation, unless the school or facility would reopen before the end of the duration of the outbreak of the disease.

(7) For the purposes of this section, the duration of an outbreak of a vaccine preventable disease is to be as determined by the public health officer.

(8) Except as provided by section 87 and this section, a member of the staff of a school or child care facility must not subject a child who attends or seeks to attend the school or facility to any detriment because of the child's immunisation status.