96D—Exclusion of children from premises on outbreak of
vaccine preventable disease
(1) The Chief
Public Health Officer may, by notice in writing, direct that a specified child
is excluded from attending at specified premises at which early childhood
services are provided if satisfied that—
child has been diagnosed with a vaccine preventable disease; or
there is an outbreak of a specified vaccine preventable disease at the
premises and the child would, if the child attended at the premises, be at a
material risk of contracting the vaccine preventable disease.
(2) For the purposes
of subsection (1)(b), an outbreak of a vaccine preventable disease may
(without limitation) exist at premises if 1 or more persons who routinely
attend at the premises have been diagnosed with the specified
vaccine preventable disease.
(3) A direction of the
Chief Public Health Officer under subsection (1)—
remains in force for the period specified in the direction; and
be varied or revoked by the Chief Public Health Officer at any time by
subsequent notice in writing.
(4) A direction under
subsection (1) in respect of a specified child and any subsequent
variation or revocation of such a direction must be served on the person
responsible for the provision of early childhood services at the premises
personal service on the person or an agent of the person; or
leaving it at the premises specified in the notice with a person apparently
employed or engaged in the provision of an early childhood service at the
email, fax or text message to an email address, fax number or telephone number
known to be used by the person (in which case the direction will be taken to
have been served at the time of transmission); or
the person serving the notice has made a reasonable attempt to serve the
direction under paragraphs (a), (b) and (c) but has been
unsuccessful—affixing it to the premises at or near to the entrance of
(5) A copy of a
direction under subsection (1) in respect of a specified child and any
subsequent variation or revocation of such a direction must be given to a
parent or guardian of the child by the Chief Public Health Officer as soon as
is reasonably practicable after making the direction.
(6) A person must not
provide an early childhood service to a child at premises from which the child
is excluded pursuant to a direction under subsection (1).
Maximum penalty: $30 000.