Victorian Numbered Acts

PUBLIC HEALTH AND WELLBEING AMENDMENT (NO JAB, NO PLAY) ACT 2015 (NO. 55 OF 2015) - SECT 5

After the heading to Division 7 of Part 8 of the Principal Act insert —

        " 143A     Application of sections 143B, 143C and 143D

Sections 143B, 143C and 143D apply in relation to any child that is to attend an early childhood service.

        143B     Obligation of person in charge of early childhood service

    (1)     The person in charge of an early childhood service must ensure that the enrolment of a child at the early childhood service is not confirmed unless a parent of the child has provided to the early childhood service an immunisation status certificate indicating that, in relation to a date that is not more than 2 months immediately before the date that the child first attends the early childhood service—

        (a)     the child is age appropriately immunised; or

        (b)     immunisation of the child with one or more vaccines so that the child is age appropriately immunised would be medically contraindicated under the specifications set out in the Australian Immunisation Handbook within the meaning of section 3(1) of the A New Tax (Family Assistance) Act 1999 of the Commonwealth.

        143C     Exemption—early childhood services

    (1)     Subject to subsection (2), the person in charge of an early childhood service is not required to comply with section 143B in relation to a child if—

        (a)     the child and the child's parent are evacuated from their place of residence due to an emergency within the meaning of section 3(1) of the Emergency Management Act 2013 ; or

        (b)     the child is in emergency care within the meaning of section 3(1) of the Children, Youth and Families Act 2005 ; or

        (c)     the child is in the care of an adult who is not the child's parent due to exceptional circumstances such as illness or incapacity; or

        (d)     a parent of the child states that the child—

              (i)     is descended from an Aborigine or Torres Strait Islander; and

              (ii)     identifies as an Aborigine or Torres Strait Islander; and

              (iii)     is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community; or

        (e)     the child is in the care of a parent who is the holder of—

              (i)     a health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth; or

              (ii)     a pensioner concession card issued under section 1061ZF of the Social Security Act 1991 of the Commonwealth; or

              (iii)     a Gold Card, being a card issued to a person who is eligible for treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth; or

              (iv)     a White Card, being a card issued to a person who is eligible for limited treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth; or

        (f)     the child's birth was a multiple birth, (being the birth of triplets or more); or

        (g)     a circumstance specified in the guidelines made under section 143D applies in relation to the child.

    (2)     Within 16 weeks after the date on which the child first attends the early childhood service, the person in charge of the early childhood service must take reasonable steps to ensure that an immunisation status certificate in relation to the child is provided by a parent of the child.

        143D     Secretary's guidelines in relation to exemption

    (1)     For the purposes of section 143C(1)(g), the Secretary may make guidelines specifying the circumstances that may apply in relation to a child.

    (2)     The guidelines made under subsection (1)—

        (a)     must be published in the Government Gazette; and

        (b)     come into operation on the date they are published; and

        (c)     may be revoked by the Secretary.".