Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 160C

160C When person in charge may exclude enrolled child

(1) A person in charge of an education and care service or QEC approved service may in the circumstances mentioned in subsection (2) do any of the following—

(a) cancel a child’s enrolment at the service;

(b) refuse to allow a child enrolled at the service to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service;

(c) impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.

(2) The circumstances are—

(a) a person in charge of the service requests a parent of the child to give to the person in charge, within a stated period of at least 4 weeks after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and

(b) the request is made after the child has reached the age stated in the National Immunisation Program Schedule Queensland, for a vaccine preventable condition, at which it is recommended the child be immunised or further immunised against the condition; and

(c) on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and

(d) a parent of the child does not comply with the request within the stated period for the request.

(3) A condition imposed under subsection (1) (c) must be relevant to the immunisation status of the child.

(4) In this section—

"National Immunisation Program Schedule Queensland" means the schedule for age appropriate immunisation for vaccine preventable conditions recommended by the department and published on the department’s website.