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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Public Health Amendment (Immunisation
Requirements for Enrolment) Bill 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Public Health Act 2016
amended
3. Act amended 3
4. Section 4 amended 3
5. Section 91 amended 4
6. Section 94 amended 5
7. Section 135 amended 5
8. Part 9 Division 8 replaced 6
Division 8 -- Immunisation status of children
Subdivision 1 -- Preliminary
141A. Terms used 6
Subdivision 2 -- Immunisation requirements for
enrolment
141B. Responsible person to give immunisation
status to person in charge 7
141C. Immunisation certificates issued or
declared by Chief Health Officer 8
141D. Immunisation or exemption a condition of
enrolment 9
Subdivision 3 -- Regulations relating to
immunisation status of children
142. Regulations relating to immunisation
status of children and control of disease 10
Subdivision 4 -- Reporting requirements
142A. Annual report to include information about
enrolments 12
127--2 page i
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Contents
9. Section 240 amended 13
10. Section 254 replaced 13
254. False or misleading information 13
11. Section 280 amended 14
12. Section 306A inserted 15
306A. Review of amendments made by Public
Health Amendment (Immunisation
Requirements for Enrolment) Act 2019 15
Part 3 -- School Education Act 1999
amended
13. School Education Act 1999 amended 16
14. Section 3 amended 16
15. Section 16 amended 16
16. Section 17 amended 17
17. Section 23 amended 17
18. Section 27 amended 17
19. Section 77 amended 18
20. Section 82 amended 18
21. Section 159 amended 19
22. Section 206 amended 19
page ii
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Public Health Amendment (Immunisation
Requirements for Enrolment) Bill 2019
A Bill for
An Act to amend the Public Health Act 2016 and the School
Education Act 1999.
The Parliament of Western Australia enacts as follows:
page 1
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Public Health Amendment (Immunisation
4 Requirements for Enrolment) Act 2019.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1, Part 2 (other than sections 4 to 12) and Part 3
8 (other than sections 14 to 22) -- on the day on which
9 this Act receives the Royal Assent;
10 (b) the rest of the Act -- on a day fixed by proclamation,
11 and different days may be fixed for different provisions.
page 2
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Public Health Act 2016 amended Part 2
s. 3
1 Part 2 -- Public Health Act 2016 amended
2 3. Act amended
3 This Part amends the Public Health Act 2016.
4 4. Section 4 amended
5 (1) In section 4(1) delete the definitions of:
6 child care service
7 school
8 (2) In section 4(1) insert in alphabetical order:
9
10 child care service --
11 (a) means --
12 (i) an education and care service as defined
13 in the Education and Care Services
14 National Law (Western Australia)
15 section 5(1); or
16 (ii) a child care service as defined in the
17 Child Care Services Act 2007 section 4;
18 but
19 (b) does not include a child care service prescribed
20 for the purposes of this definition;
21 community kindergarten means a kindergarten
22 registered under the School Education Act 1999 Part 5;
23 compulsory education period has the meaning given in
24 the School Education Act 1999 section 6;
25 school means a government school, or a
26 non-government school, as defined in the School
27 Education Act 1999 section 4;
page 3
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Part 2 Public Health Act 2016 amended
s. 5
1 urgently notifiable infectious disease-related
2 condition means a notifiable infectious disease-related
3 condition declared under section 91 to be an urgently
4 notifiable infectious disease-related condition;
5
6 5. Section 91 amended
7 (1) Delete section 91(1) and insert:
8
9 (1) In this section --
10 acute rheumatic fever means an illness caused by an
11 autoimmune response to a bacterial infection with
12 group A streptococcus (GAS);
13 rheumatic heart disease means damage to the heart
14 resulting from an episode, or more than one episode, of
15 acute rheumatic fever.
16 (1A) The regulations may --
17 (a) declare a medical condition, other than a
18 notifiable infectious disease, to be a notifiable
19 infectious disease-related condition; or
20 (b) declare a notifiable infectious disease-related
21 condition to be an urgently notifiable infectious
22 disease-related condition.
23
24 (2) In section 91(2) after "disease-related condition" insert:
25
26 or an urgently notifiable infectious disease-related condition
27
page 4
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Public Health Act 2016 amended Part 2
s. 6
1 (3) After section 91(2) insert:
2
3 (3) The following medical conditions cannot be declared to
4 be a notifiable infectious disease-related condition or
5 an urgently notifiable infectious disease-related
6 condition --
7 (a) acute rheumatic fever;
8 (b) rheumatic heart disease.
9
10 6. Section 94 amended
11 Delete section 94(4)(a) and insert:
12
13 (a) as soon as is practicable, and in any event --
14 (i) in the case of an urgently notifiable
15 infectious disease or an urgently
16 notifiable infectious disease-related
17 condition, within 24 hours; or
18 (ii) in the case of any other notifiable
19 infectious disease or notifiable
20 infectious disease-related condition,
21 within 72 hours;
22 and
23
24 7. Section 135 amended
25 Delete section 135(2)(b) and insert:
26
27 (b) if the affected person or exposed person is
28 believed to be attending, or to have attended, a
29 school, community kindergarten, child care
30 service, university or other educational
31 institution, a teacher, lecturer, or other member
32 of staff of the school, community kindergarten,
page 5
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Part 2 Public Health Act 2016 amended
s. 8
1 child care service, university or educational
2 institution;
3
4 8. Part 9 Division 8 replaced
5 Delete Part 9 Division 8 and insert:
6
7 Division 8 -- Immunisation status of children
8 Subdivision 1 -- Preliminary
9 141A. Terms used
10 In this Division --
11 Australian Immunisation Register means the register
12 called the Australian Immunisation Register kept under
13 the Australian Immunisation Register Act 2015
14 (Commonwealth) section 8;
15 child means a person who is under 18 years of age;
16 current, in relation to an immunisation certificate for a
17 child, means a certificate issued not more than the
18 prescribed period before --
19 (a) the most recent date of an application for
20 enrolment of the child in a school, community
21 kindergarten or child care service; or
22 (b) the day on which the certificate is otherwise
23 required to be provided under this Act;
24 exempt child means a child who is in a class of
25 children prescribed by the regulations for the purposes
26 of this definition;
27 immunisation certificate means --
28 (a) an extract of an entry in the Australian
29 Immunisation Register; or
page 6
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Public Health Act 2016 amended Part 2
s. 8
1 (b) a certificate issued by the Chief Health Officer
2 under section 141C(1); or
3 (c) a document declared to be an immunisation
4 certificate under section 141C(4);
5 immunisation status means the status of --
6 (a) having been immunised against, or having
7 acquired immunity by infection from, all or
8 specified vaccine preventable notifiable
9 infectious diseases; or
10 (b) not having been immunised against, and not
11 having acquired immunity by infection from,
12 all or specified vaccine preventable notifiable
13 infectious diseases;
14 person in charge, of a school, community kindergarten
15 or child care service, means the person who has
16 responsibility for the day-to-day management and
17 control of the school, community kindergarten or child
18 care service;
19 responsible person, in relation to a child, means --
20 (a) a parent of the child; or
21 (b) a guardian of the child; or
22 (c) another person who has responsibility for the
23 day-to-day care of the child.
24 Subdivision 2 -- Immunisation requirements for enrolment
25 141B. Responsible person to give immunisation status to
26 person in charge
27 (1) This section applies to a child enrolling in, or enrolled
28 in, a school, community kindergarten or child care
29 service.
30 (2) The responsible person for the child is required to give
31 to the person in charge of the school, community
32 kindergarten or child care service the immunisation
page 7
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Part 2 Public Health Act 2016 amended
s. 8
1 status of the child as recorded on the current
2 immunisation certificate for the child --
3 (a) when the child is being enrolled in the school,
4 community kindergarten or child care service;
5 and
6 (b) at such other time or times as are prescribed by
7 the regulations.
8 (3) For the purposes of ensuring compliance with
9 subsection (2), the person in charge may require the
10 responsible person for the child to produce the current
11 immunisation certificate for the child.
12 (4) The person in charge must take all reasonable steps to
13 ensure that the responsible person for the child
14 complies with subsection (2).
15 Penalty for this subsection: a fine of $1 000.
16 141C. Immunisation certificates issued or declared by
17 Chief Health Officer
18 (1) The Chief Health Officer may issue an immunisation
19 certificate for a child for the purposes of section 141B
20 if --
21 (a) the Chief Health Officer is --
22 (i) satisfied that a circumstance prescribed
23 by the regulations is applicable to the
24 child; or
25 (ii) otherwise satisfied that a special
26 circumstance is applicable to the child;
27 and
28 (b) the Chief Health Officer is satisfied that, but for
29 that circumstance, the child's immunisation
30 status would be up-to-date.
31 (2) An immunisation certificate issued under
32 subsection (1) remains in force for the period specified
page 8
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Public Health Act 2016 amended Part 2
s. 8
1 in the certificate or, if no period is specified, for an
2 indefinite period.
3 (3) The responsible person for a child may apply to the
4 State Administrative Tribunal for a review of a
5 decision by the Chief Health Officer to refuse to issue
6 an immunisation certificate for the child under
7 subsection (1).
8 (4) The Chief Health Officer may, by notice published in
9 the Gazette, declare a document or a class of
10 documents to be an immunisation certificate for the
11 purposes of section 141B.
12 141D. Immunisation or exemption a condition of
13 enrolment
14 (1) Unless a child meets a requirement of subsection (2),
15 the person in charge of a school, community
16 kindergarten or child care service must not permit the
17 child to enrol in --
18 (a) the school, before the child's compulsory
19 education period; or
20 (b) the community kindergarten; or
21 (c) the child care service.
22 Penalty for this subsection: a fine of $10 000.
23 (2) A child meets a requirement of this subsection if --
24 (a) the immunisation certificate for the child states
25 that the child's immunisation status is
26 up-to-date; or
27 (b) the immunisation certificate for the child states
28 that the Chief Health Officer is satisfied that,
29 but for a circumstance mentioned in
30 section 141C(1)(a), the child's immunisation
31 status would be up-to-date; or
page 9
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Part 2 Public Health Act 2016 amended
s. 8
1 (c) the immunisation certificate for the child is a
2 document, or a document belonging to a class
3 of documents, declared to be an immunisation
4 certificate under section 141C(4); or
5 (d) the child is following a catch-up schedule
6 prescribed by the regulations; or
7 (e) the person in charge is satisfied that the child is
8 an exempt child.
9 Subdivision 3 -- Regulations relating to immunisation status
10 of children
11 142. Regulations relating to immunisation status of
12 children and control of disease
13 (1) Without limiting section 304(1), regulations may --
14 (a) require the person in charge of a school,
15 community kindergarten or child care service,
16 when directed to do so by the Chief Health
17 Officer, to give a report to the Chief Health
18 Officer in respect of information given to the
19 person about the immunisation status of --
20 (i) a child enrolled at the school,
21 community kindergarten or child care
22 service; or
23 (ii) children enrolled at the school,
24 community kindergarten or child care
25 service;
26 and
27 (b) require the person in charge of a school,
28 community kindergarten or child care service,
29 when directed to do so by the Chief Health
30 Officer either when giving a direction under
31 regulations made under paragraph (a) or at a
32 later time, to give to the Chief Health Officer
33 further information necessary to assist in
page 10
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Public Health Act 2016 amended Part 2
s. 8
1 preventing, controlling or abating a public
2 health risk that might foreseeably arise from a
3 child or children not being immunised against a
4 vaccine preventable notifiable infectious
5 disease, including --
6 (i) the names of, and other identifying
7 information in relation to, the child or
8 children; and
9 (ii) the names and contact details of the
10 responsible persons for the child or
11 children;
12 and
13 (c) in the case of a child at a school, community
14 kindergarten or child care service who has
15 contracted, or is reasonably believed to have
16 contracted, a vaccine preventable notifiable
17 infectious disease, require the person in charge
18 of the school, community kindergarten or child
19 care service to give to the Chief Health Officer
20 a report in respect of the child; and
21 (d) require the person in charge of a school,
22 community kindergarten or child care service,
23 when directed to do so by the Chief Health
24 Officer, to ensure that a child who has not been
25 immunised against a vaccine preventable
26 notifiable infectious disease specified by the
27 Chief Health Officer is not permitted to attend,
28 or participate in an educational programme of,
29 the school, community kindergarten or child
30 care service for the period specified by the
31 Chief Health Officer; and
32 (e) require the person in charge of a school,
33 community kindergarten or child care service,
34 when directed to do so by the Chief Health
35 Officer, to close the whole, or a part, of the
page 11
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Part 2 Public Health Act 2016 amended
s. 8
1 school, community kindergarten or child care
2 service for the period specified by the Chief
3 Health Officer to limit or prevent the spread of
4 a vaccine preventable notifiable infectious
5 disease.
6 (2) Despite subsection (1)(a) and (b), the regulations may
7 provide that the person required to provide the relevant
8 report or information when directed to do so by the
9 Chief Health Officer is --
10 (a) the chief executive officer, as defined in the
11 School Education Act 1999 section 229; or
12 (b) if the relevant information is held in an
13 information management system established
14 and maintained by another person or body, that
15 other person or body.
16 Subdivision 4 -- Reporting requirements
17 142A. Annual report to include information about
18 enrolments
19 (1) In this section --
20 enrolment means an enrolment of a child in --
21 (a) a school, before the child's compulsory
22 education period; or
23 (b) a community kindergarten; or
24 (c) a child care service.
25 (2) The accountable authority of the Department must
26 include the following information in each annual report
27 submitted under the Financial Management Act 2006
28 Part 5 --
29 (a) the number of enrolments in the financial year
30 to which the annual report relates that were of a
31 child whose immunisation certificate did not
page 12
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Public Health Act 2016 amended Part 2
s. 9
1 state that the child's immunisation status is
2 up-to-date;
3 (b) in relation to the enrolments referred to in
4 paragraph (a), the number that were of a child
5 who, by the end of the financial year to which
6 the annual report relates --
7 (i) has an immunisation certificate that
8 states that the child's immunisation
9 status is up-to-date; or
10 (ii) is following a catch-up schedule
11 referred to in section 141D(2)(d).
12 (3) The information included in an annual report under
13 subsection (2) must not include any information that
14 identifies, or is likely to identify, any child to whom
15 the information relates.
16
17 9. Section 240 amended
18 In section 240(1)(d) delete "public health risk" and insert:
19
20 public health risk, including a public health risk that might
21 foreseeably arise from a child or children not having been
22 immunised against a vaccine preventable notifiable infectious
23 disease,
24
25 10. Section 254 replaced
26 Delete section 254 and insert:
27
28 254. False or misleading information
29 (1) A person must not give false or misleading information
30 to --
31 (a) an authorised officer who is carrying out a
32 function under this Act; or
page 13
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Part 2 Public Health Act 2016 amended
s. 11
1 (b) any person pursuant to a requirement under this
2 Act to provide information or produce a record
3 or other document to that person.
4 Penalty for this subsection: a fine of $10 000.
5 (2) For the purposes of subsection (1), a person gives false
6 or misleading information if the person does one or
7 more of the following --
8 (a) states anything that the person knows is false or
9 misleading in a material particular;
10 (b) omits from a statement anything without which
11 the statement is, to the person's knowledge,
12 misleading in a material particular;
13 (c) gives or produces any record or other document
14 that --
15 (i) the person knows is false or misleading
16 in a material particular; or
17 (ii) omits anything without which the record
18 or other document is, to the person's
19 knowledge, misleading in a material
20 particular.
21
22 11. Section 280 amended
23 Delete section 280(b) and insert:
24
25 (b) by a local government, by the chief executive
26 officer of a local government or by an
27 authorised officer authorised in writing by the
28 local government; or
29 (c) by an enforcement agency of a kind referred to
30 in paragraph (c) of the definition of
31 enforcement agency in section 4(1) or by an
32 authorised officer authorised in writing by an
33 enforcement agency of that kind.
34
page 14
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Public Health Act 2016 amended Part 2
s. 12
1 12. Section 306A inserted
2 After section 306 insert:
3
4 306A. Review of amendments made by Public Health
5 Amendment (Immunisation Requirements for
6 Enrolment) Act 2019
7 (1) In this section --
8 relevant amendments means --
9 (a) the amendments made to this Act by the Public
10 Health Amendment (Immunisation
11 Requirements for Enrolment) Act 2019
12 section 8; and
13 (b) the amendments made to the School Education
14 Act 1999 by the Public Health Amendment
15 (Immunisation Requirements for Enrolment)
16 Act 2019.
17 (2) The Minister must review the operation and
18 effectiveness of the relevant amendments, and prepare
19 a report based on the review, as soon as practicable
20 after the 3rd anniversary of the day on which the Public
21 Health Amendment (Immunisation Requirements for
22 Enrolment) Act 2019 section 1 comes into operation.
23 (3) The Minister must cause the report to be laid before
24 each House of Parliament as soon as practicable after it
25 is prepared, but not later than 12 months after the
26 3rd anniversary.
27
page 15
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Part 3 School Education Act 1999 amended
s. 13
1 Part 3 -- School Education Act 1999 amended
2 13. School Education Act 1999 amended
3 This Part amends the School Education Act 1999.
4 14. Section 3 amended
5 In section 3(1)(a) delete "education; and" and insert:
6
7 education during the child's compulsory education period; and
8
9 15. Section 16 amended
10 (1) Before section 16(1) insert:
11
12 (1A) In this section --
13 immunisation status has the meaning given in the
14 Public Health Act 2016 section 141A.
15
16 (2) Delete section 16(1)(f).
17 (3) In section 16(2) delete "applicant." and insert:
18
19 applicant under subsection (1).
20
21 (4) After section 16(2) insert:
22
23 (3) A person who wishes to make an application for
24 enrolment of a child at a school is to provide the
25 immunisation status of the enrollee in accordance with
26 the Public Health Act 2016 section 141B.
27
page 16
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
School Education Act 1999 amended Part 3
s. 16
1 16. Section 17 amended
2 In section 17(1)(b) after "(c) or (g)" insert:
3
4 or section 16(3)
5
6 17. Section 23 amended
7 (1) In section 23(1):
8 (a) delete "must" and insert:
9
10 must, for every year of the student's compulsory
11 education period,
12
13 (b) in paragraph (a)(i) delete "he or she" and insert:
14
15 the student
16
17 (2) Delete section 23(2)(b) and insert:
18
19 (b) section 27 (which relates to non-attendance for
20 public health reasons); and
21
22 18. Section 27 amended
23 (1) Before section 27(1) insert:
24
25 (1A) In this section --
26 Chief Health Officer has the meaning given in the
27 Public Health Act 2016 section 4(1).
28 (1B) The principal of a school must comply with a direction
29 given by the Chief Health Officer under regulations
30 made for the purposes of the Public Health Act 2016
page 17
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
Part 3 School Education Act 1999 amended
s. 19
1 section 142(1)(d) to not permit a child to attend the
2 school or participate in an educational programme of
3 the school.
4
5 (2) In section 27(2) delete "This section" and insert:
6
7 Subsection (1)
8
9 (3) Delete section 27(3A).
10 Note: The heading to amended section 27 is to read:
11 Non-attendance of student may be required on public health
12 grounds
13 19. Section 77 amended
14 After section 77(a) insert:
15
16 (aa) the enrolment would not contravene the Public
17 Health Act 2016 section 141D; and
18
19 20. Section 82 amended
20 (1) After section 82(1) insert:
21
22 (1A) However, this section does not apply to a child in the
23 child's pre-compulsory education period if the
24 enrolment of the child would contravene the Public
25 Health Act 2016 section 141D.
26
27 (2) Delete section 82(2)(d) and insert:
28
29 (d) any other criteria prescribed for the purposes of
30 section 76(2), 77(b), 78(2)(b) or 79(1)(b), as the
31 case requires, are satisfied,
32
page 18
Public Health Amendment (Immunisation Requirements for Enrolment)
Bill 2019
School Education Act 1999 amended Part 3
s. 21
1 (3) In section 82(3):
2 (a) delete "decides that --" and insert:
3
4 decides under subsection (2) that --
5
6 (b) delete paragraph (d) and insert:
7
8 (d) any other criteria prescribed for the purposes of
9 section 77(b), 78(2)(b) or 79(1)(b), as the case
10 requires, are not satisfied in relation to the
11 child,
12
13 Note: The heading to amended section 82 is to read:
14 Resolving question under s. 76, 77, 78 or 79
15 21. Section 159 amended
16 After section 159(1)(h) insert:
17
18 (ha) the health and safety procedures at schools,
19 including immunisation requirements for
20 enrolment;
21
22 22. Section 206 amended
23 Delete section 206(2) and insert:
24
25 (2) The enrolment of a child at a community kindergarten
26 is to be in accordance with --
27 (a) the Public Health Act 2016 section 141D; and
28 (b) the regulations.
29
30
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