Explanatory Memorandum
(Circulated by authority of the Minister for Health and Minister for Sport, the Hon Greg Hunt MP)Outline
Currently under paragraph 9(c) of the Australian Immunisation Register Act 2015 (AIR Act), the Australian Immunisation Register (AIR) is only able to recognise medical exemptions to vaccination assessed by general practitioners. This approach was taken to prevent medical practitioners not specialising in immunisation from conducting assessments and to protect individual's privacy in moving from the Australian Childhood Immunisation Register (ACIR) which held records of 2.2 million children up to 7 years of age, to a whole of life register, the AIR, on 30 September 2016 with records for over 25 million individuals.
Currently under paragraph 9(c) of the Australian Immunisation Register Act 2015 (AIR Act), the Australian Immunisation Register (AIR) is only able to recognise medical exemptions to vaccination assessed by general practitioners. This approach was taken to prevent medical practitioners not specialising in immunisation from conducting assessments and to protect individual's privacy in moving from the Australian Childhood Immunisation Register (ACIR) which held records of 2.2 million children up to 7 years of age, to a whole of life register, the AIR, on 30 September 2016 with records for over 25 million individuals.
The need for this Bill arose since the introduction of the AIR Act. The Department of Health has received feedback by some medical specialists requesting the ability to have their assessments of medical exemptions recognised by the AIR. These clinics have advised that having to send patients on to general practitioners to get medical exemptions has added a burden of time for patients.
This Bill will make minor amendments to paragraph 9(c) and subparagraph 9(d)(iii) of the AIR Act to allow paediatricians, public health physicians, infectious diseases physicians and clinical immunologists to have their assessments of medical exemptions to immunisation recognised by the Australian Immunisation Register, in addition to general practitioners.
This Bill also makes a minor amendment to paragraph 9(b) of the AIR Act to make it explicit that vaccination information under that paragraph can only be provided by recognised vaccination providers, and not members of the public.
This Bill in Schedule 2 also amends the A New Tax System (Family Assistance) Act 1999 (FA Act) for consistency in the assessments for medical exemptions recognised for AIR and family assistance benefit purposes. The FA Act references the individuals able to notify medical exemptions to immunisations in paragraphs 6(3)(a) and (b).
The Departments of Human Services, Education and Training, Social Services, and Prime Minister and Cabinet were consulted during the drafting of the Australian Immunisation Register and Other Legislation Amendment Bill 2017.
Financial Impact Statement
There is no financial impact from this Bill.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Immunisation Register and Other Legislation Amendment Bill 2017
This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
Currently under paragraph 9(c) of the Australian Immunisation Register Act 2015 (AIR Act), the Australian Immunisation Register (AIR) is only able to recognise medical exemptions to vaccination assessed by general practitioners. This approach was taken to prevent medical practitioners not specialising in immunisation from conducting assessments and to protect individual's privacy in moving from the Australian Childhood Immunisation Register (ACIR) which held records of 2.2 million children up to 7 years of age, to a whole of life register, the AIR, on 30 September 2016 with records for over 25 million individuals.
The need for this Bill arose since the introduction of the AIR Act. The Department of Health has received feedback by some medical specialists requesting the ability to have their assessments of medical exemptions recognised by the AIR. These clinics have advised that having to send patients on to general practitioners to get medical exemptions has added a burden of time for patients.
This Bill will make minor amendments to paragraph 9(c) and subparagraph 9(d)(iii) of the AIR Act to allow paediatricians, public health physicians, infectious diseases physicians and clinical immunologists to have their assessments of medical exemptions to immunisation recognised by the Australian Immunisation Register, in addition to general practitioners.
This Bill also makes a minor amendment to paragraph 9(b) of the AIR Act to make it explicit that vaccination information under that paragraph can only be provided by recognised vaccination providers, and not members of the public.
This Bill in Schedule 2 also amends the A New Tax System (Family Assistance) Act 1999 (FA Act) for consistency in the assessments for medical exemptions recognised for AIR and family assistance benefit purposes. The FA Act references the individuals able to notify medical exemptions to immunisations in paragraphs 6(3)(a) and (b).
The Departments of Human Services, Education and Training, Social Services, and Prime Minister and Cabinet were consulted during the drafting of the Australian Immunisation Register and Other Legislation Amendment Bill 2017.
Human rights implications
This Bill does not engage any of the applicable rights or Freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
The Hon Greg Hunt MP, the Minister for Health, Minister for Sport
Notes on Clauses
Clause 1 - Short Title
This clause provides that the Bill, once enacted, may be cited as the Australian Immunisation Register and Other Legislation Amendment Act 2017.
Clause 2 - Commencement
This clause provides that the Bill will commence the day after Royal Assent.
Clause 3 - Schedule(s)
This clause provides that each Act that is specified in a Schedule to the Bill is amended as set out in the applicable items in the Schedule concerned. Schedule 1 amends the Australian Immunisation Register Act 2015 (AIR Act) and Schedule 2 amends the A New Tax System (Family Assistance) Act 1999 (FA Act) consequential to the amendments to the AIR Act.
Schedule 1 - Australian Immunisation Register amendments
This schedule contains amendments to the AIR Act.
Item 1 Paragraph 9(b)
This item amends paragraph 9(b) of the AIR Act to omit "about each of those vaccinations" and substitute "provided by a recognised vaccination provider about each relevant vaccination". This subtle amendment will make it explicit that only recognised vaccination providers are able to provide vaccination information to the Australian Immunisation Register (AIR), and not members of the public / parents. Prior to the expansion of the Australian Childhood Immunisation Register (ACIR) on 1 January 2016 to become the AIR, the ACIR only accepted immunisation records from recognised vaccination providers and this was clearly articulated within the governing legislation at that time (Health Insurance Act 1973). The AIR Act does not currently explicitly provide that only recognised vaccination providers can provide vaccination information to the AIR. This amendment does not change the requirement for who is able to provide information to the AIR, however it removes the ambiguity in the legislation in relation to this requirement.
Item 2 and Item 3 Paragraph 9(c) and Subparagraph 9(d)(iii)
The amendments to paragraph 9(c) and subparagraph 9(d)(iii) of the AIR Act made by these items will enable paediatricians, , public health physicians, infectious diseases physicians and clinical immunologists to have their assessments of medical exemptions to immunisation recognised by the AIR, in addition to general practitioners.
Paediatricians, , public health physicians, infectious diseases physicians and clinical immunologists whom are recognised through the Royal Australasian College of Physicians would be able to certify and report to the AIR that an individual has a medical exemption to immunisation.
Item 4 Application provisions
This item provides that the amendments made by items 1, 2 and 3 apply in relation to vaccinations and/or assessments conducted on or after the commencement of those items, which is the day after Royal Assent.
Schedule 2 - Family assistance amendments
The FA Act is affected by the changes to the AIR Act enabling paediatricians, , public health physicians, infectious diseases physicians and clinical immunologists to have their assessments of medical exemptions to immunisation recognised by the register, in addition to general practitioners.
The FA Act amendment will enable families to receive and continue receiving family assistance payments where a general practitioner, paediatrician, public health physician, infectious diseases physician or clinical immunologist has assessed an individual as having a medical exemption from immunisation.
Item 1 Paragraphs 6(3)(a) and (b)
This item will amend paragraphs 6(3)(a) and 6(3)(b) of the FA Act to enable paediatricians, , public health physicians, infectious diseases physicians and clinical immunologists to certify medical exemptions to immunisation, in addition to general practitioners.
This amendment means that a child will meet both the immunisation requirements and the No Jab, No Pay measure if a paediatrician, public health physician, infectious diseases physician or clinical immunologist certifies a medical exemption to immunisation.
Paediatricians, , public health physicians, infectious diseases physicians and clinical immunologists whom are recognised through the Royal Australasian College of Physicians would be able to certify that an individual has a medical exemption to immunisation so that a parent can still receive any family assistance benefits to which they are otherwise entitled even though their child has not been fully immunised.
Item 2 - Application provisions
This item states that the amendment made by item 1 of Schedule 2 applies in relation to certifications given on or after commencement of the item, which is the day after Royal Assent.