Child Care Benefit (Immunisation Requirements) (DEEWR) Determination 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L01056

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Child Care Benefit (Immunisation Requirements) (DEEWR) Determination 2013
 
A New Tax System (Family Assistance) Act 1999
I, KATE ELLIS, Minister for Early Childhood and Child Care make this Determination under subsections 7(1) and 7(2) of the A New Tax System (Family Assistance) Act 1999.
Dated                                                              14 June 2013
Kate Ellis
Minister for Early Childhood and Child Care
Part 1        Preliminary
1            Name of Determination
This Determination is the Child Care Benefit (Immunisation Requirements) (DEEWR) Determination 2013.
2            Commencement
This Determination commences on 1 July 2013.
3            Revocation
The following Determinations are revoked:
(a)     the Family Assistance (Meeting the Immunisation Requirements) Determination 2003; and
(b)     the Family Assistance (Exemption from Immunisation Requirements) Determination 2003.
4            Definition
In this Determination:
Act means the A New Tax System (Family Assistance) Act 1999.
overseas means outside Australia and the external Territories.
5            Application
(1)     This Determination applies to child care benefit.
(2)     This Determination applies to all claims for child care benefit made on or after 1 July 2013.
 
Part 2        Classes of children exempt from immunisation
6            Application of Part
This Part sets out the classes of children exempt from the requirement to be immunised for subsection 6 (7) of the Act.
7            Child of a member of the Church of Christ, Scientist
A child is exempt from the requirement to be immunised if:
(a)     the child is an FTB child or a regular care child;
(b)     an officer of the Church of Christ, Scientist gives a written declaration to the Secretary that:
(i)      the individual in relation to whom the child is an FTB child, or a regular care child, is a practising member of the Church; or
(ii)     the partner of that individual is a practising member of the Church.
8            Exceptional circumstances
A child is exempt for a period from the requirement to be immunised if the Secretary is satisfied that the child is unable to be immunised during the period due to exceptional circumstances.
Example   A child may be unable to receive a vaccination according to the standard vaccination schedule or catch up vaccination schedule for the child because regular medical services are unavailable to the child because of flooding or other natural disaster.
Part 3        Circumstances in which children meet the immunisation requirements
9            Application of Part
This Part sets out the circumstances in which a child meets the immunisation requirements for subsection 6 (8) of the Act.
10          Child participating in vaccine study conducted by Murdoch Children’s Research Institute
A child meets the immunisation requirements if:
(a)     the child is a participant in the vaccine study begun in April 2003 being conducted at the Royal Children’s Hospital in Melbourne by the Vaccine and Immunisation Research Group at the Murdoch Children’s Research Institute; and
(b)     the child would be immunised had the child received the vaccinations under the standard vaccination schedule for the child.
 
Note   For the standard vaccination schedule for a child, see the Child Care Benefit (Vaccination Schedules) (DEEWR) Determination 2013.
11          Temporary unavailability of vaccine
(1)     A child meets the immunisation requirements for a period if:
(a)     before the start of the period, the child was immunised; and
(b)     during the period any vaccine that child needs to receive in order to remain immunised is not available to be administered to the child.
 
(2)     For paragraph (1) (b), a vaccine is not available to be administered to a child if:
(a)     a recognised immunisation provider; or
(b)     a person authorised by a Commonwealth, state or territory health authority and acceptable to the Secretary,
makes a written declaration of that fact.  
12          Child vaccinated overseas
A child meets the immunisation requirements if:
(a)      the child has received one or more vaccinations while overseas and either:
(i)      if the child is in Australia — a recognised immunisation provider; or
(ii)     if the child is overseas — a medical practitioner entitled to practise in that place,
makes a written declaration that the vaccinations received by the child overseas have provided the child with the same level of immunisation that he or she would have acquired if he or she was vaccinated with one or more vaccines, specified in the declaration, from the standard vaccination schedule or the catch up vaccination schedule for the child; and
(b)     the child has received, whether in Australia or overseas, all the other vaccinations required to be given under the standard vaccination schedule or catch up vaccination schedule for the child.
 
Note   For the standard vaccination schedule or catch up vaccination schedule applicable to a child, see the Child Care Benefit (Vaccination Schedules) (DEEWR) Determination 2013.