NSW Strengthens Vaccination Requirements for Child Care

Friday 22 September 2017 @ 10.52 a.m. | Legal Research

The Public Health Amendment (Review) Bill 2017 (NSW), introduced into the House of Assembly on 9 August 2017 by Mr Brad Hazzard, Minister for Health and Minister for Medical Research, received Assent on Wednesday, 20 September 2017, and has now been enacted as the Public Health Amendment (Review) Act 2017 (Act No 43 of 2017) (the Act).

Background

The aim of the Act is to amend the Public Health Act 2010 (NSW) to introduce stronger requirements for families enrolling children into early childhood education and care centres.

From 1 January 2018, children who are not fully immunised due to their parents' conscientious objection to vaccines will no longer be able to be enrolled in child care. Under the previous legislation, registering as a conscientious objector was a valid exemption.

The new Act

Schedule 1 of the Act makes miscellaneous amendments to the Public Health Act 2010 (NSW) while Schedule 2 amends the Public Health Regulation 2012 (NSW).

The legislation will help reduce the risk of children contracting diseases such as whooping cough and meningococcal. Children on a recognised catch-up vaccination schedule or those who cannot be vaccinated for medical reasons will still be able to be enrolled.

Implications for Child Care Centres

Directors of child care centres who do not comply with the new requirements under the Public Health Act 2010 will face a fine of up to $5,500.

Financial assistance from NSW Health will be provided to the child care sector to understand and implement the new requirements which will only apply to newly enrolled children ahead of the 1 January 2018 start date. Under the legislation public health officers will also be allowed to exclude unvaccinated children from secondary schools when there is a disease outbreak. This previously only applied to primary schools and child care centres.

Now aligned with other States

The legislation now puts NSW in step with Victoria and Queensland's “No Jab No Play” rules, as well as with the Federal Government's “No Jab, No Pay” policy, which strips families of certain childcare and family tax benefits if a child is unvaccinated.

The NSW Health Minister Brad Hazzard told the Sydney Morning Herald that the new rules will help cut the risk of children contracting potentially deadly diseases such as whooping cough and meningococcal. The Minister said:

“The NSW government and the majority of the NSW community have achieved outstanding vaccination rates but there's no room for complacency. We have spent more than any other state government to protect our community through vaccination because the overwhelming scientific evidence is that vaccination is safe and highly effective in preventing disease. However, all it takes is one unvaccinated child and dozens of others could be put at risk of serious illness, so we are being very clear that choices of conscientious objectors, which are not evidence based, will no longer be allowed to impact other families."

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Sources:

Unvaccinated children banned from childcare across NSW as conscientious objector loophole closed (Kate Aubusson, The Sydney Morning Herald, 14/09/2017) – smh.com.au

New vaccination rules for child care – nsw.gov.au

Public Health Amendment (Review) Bill 2017 (NSW) – Bill and supporting material as reported in TimeBase LawOne service

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