Explanatory Memorandum
(Circulated by authority of the Minister for Health, The Hon Sussan Ley MP)OUTLINE
This Bill acts to address the legislative consequential amendments required with the enactment of the Australian Immunisation Register Bill 2015 and deal with consequential and transitional matters arising from the enactment of that Act, and for related purposes.
As part of the 2015-2016 Federal Budget, the Government has approved the expansion of the Australian Childhood Immunisation Register (ACIR) to become the Australian Immunisation Register (AIR), which will capture all vaccines given, from birth to death, through General Practice and community clinics because of the No Jab, No Pay Budget measure. The ACIR currently records vaccinations given to children aged less than seven years. Approval was also given to expand the National HPV Vaccination Program Register (HPV Register) to become the Australian School Vaccination Register (ASVR) which will capture all adolescent vaccinations given through school programs from the start of the 2017 school year. Legislative amendments are required to provide for the expanded registers.
The ACIR will be expanded in two stages. From 1 January 2016, it will be expanded to collect and record vaccinations given to young individuals under the age of 20 years. This is required to implement the Government's 'No Jab No Pay' Budget measure. From late 2016, it will be expanded further to cover all vaccinations given from birth to death. This is to accommodate the addition of zoster virus (shingles) vaccine (Zostavax) to the National Immunisation Program for persons aged 70 years.
The ACIR is currently provided for under Part IVA of the Health Insurance Act 1973 and the HPV Register is provided for under section 9BA of the National Health Act 1953. Given the extent of the register expansion work, it is considered timely to create a new, consolidated legislative framework for the establishment and ongoing management of Australian immunisation registers, including the AIR and ASVR. In this context, proposed legislation has been drafted which consists of the following components:
- (a)
- the Australian Immunisation Register Bill 2015;
- (b)
- the Australian Immunisation Register (Consequential and Transitional Provisions) Bill 2015;
- (c)
- the Australian Immunisation Register Rule 2015.
Consequential to the Australian Immunisation Register Bill 2015 being enacted, the following legislation needs to be amended;
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- The Health Insurance Act 1973 - repeal Part IVA- Australia Childhood immunisation Register provisions also amendment to section 130 to authorise disclosure of Medicare enrolment data
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- National Health Act 1953 - repeal section 9BA- National HPV- Vaccination Program Register provisions
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- Freedom of Information Act 1982 - include reference to Australian Immunisation Register Act 2015 in Schedule 3 which will exempt Register information from disclosure under section 38 of the Act in response to a freedom of information request
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- A New Tax System (Family Assistance) Act 1999 - Modify to allow the definition of a 'recognised immunisation provider' to be consistent with the meaning of recognised vaccination provider in the new immunisation register Bill.
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- Healthcare Identifiers Act 2010 - Repeal the definition for the Australian Childhood Immunisation Register (ACIR) which links to the Health Insurance Act 1973 and refer instead to the Register operated under the new Australian Immunisation Register Act 2015.
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- Child Support (Registration and Collection) Act 1988 - to prescribe that the Australian Immunisation Register Act 2015 is a 'designated program Act'.
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- Human Services (Medicare) Act 1973- to prescribe that the Australian Immunisation Register Act 2015 is a 'designated program Act'.
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- Human Services (Centrelink) Act 1997- to prescribe that the Australian Immunisation Register Act 2015 is a 'designated program Act'.
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- Australian Immunisation Registers Act 2015 - to expand to collect information on vaccinations given to all individuals not just those under7 years of age.
This Bill will come into effect the same day that the Australian Immunisation Register Bill 2015 gains Royal Assent and will have transitional amendments commencing in three stages. If the Australian Immunisation Register Bill 2015 does not commence, the provisions do not commence at all.
Financial Impact Statement
As part of the 2015-16 Federal Budget, the Government has committed $9.2 million over four years to expand the HPV Register and $27.2 million over four years to expand the ACIR to capture adult immunisation data.