1 Name of Principles

This Determination is the Family Assistance
(Meeting the Immunisation Requirements) Principles 2015.

(1) Sections 1 and 2 and 4 to 12 of these Principles commence immediately after Schedule 1 to the Social Services Legislation Amendment (No Jab, No Pay) Act 2015 commences.

(2) Section 3 of these Principles commences immediately before Schedule 1 to the Social Services Legislation Amendment (No Jab, No Pay) Act 2015 commences.

3 Revocation

The following determinations are revoked:

(a) Family Assistance (Exemption from the Immunisation Requirements) (FaHCSIA) Determination 2012;

(b) Family Assistance (Meeting the Immunisation Requirements) (FaHCSIA) Determination 2012;

4 Interpretation

(1) In these Principles:

Act means the A New Tax System (Family Assistance) Act 1999.

family violence has the same meaning as in section 4AB of the Family Law Act 1975.

medical practitioner means a person authorised to practise as a medical practitioner under a law of another country and who is not also registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.

member of the immediate family means a person who is a partner, child, parent, grandparent, grandchild or sibling of the person.

permanent humanitarian visa has the same meaning as in regulation 1.03 of the Migration Regulations 1994.

Note: Other terms used in these Principles are defined in the Act (see subsection 3(1)), including:

partner; and
recognised immunisation provider.

(2) A reference in these Principles to a child meeting the usual immunisation requirements is a reference to the child meeting one or more of the immunisation requirements mentioned in subsection 6(2), (3), (4) and (5) of the Act.

5 Application

These Principles apply:

(a) in relation to working out whether FTB Part A supplement is to be added, in working out an individual’s Part A rate of family tax benefit, for a day on or after 1 January 2016; and

(b) in relation to working out whether an individual, or an approved child care service, is eligible for child care benefit for care provided to a child on a day on or after 1 January 2016.

6 Purpose

These Principles set out decision-making principles that the Secretary must comply with when making a determination under subsection 6(6) of the Act that a child meets the immunisation requirements.

7 Decision-making principles

(1) The Secretary may make a determination under subsection 6(6) of the Act if, and only if, the Secretary is satisfied that the requirements in section 8, 9, 10, 11 or 12 are met.

(2) If the Secretary makes a determination under subsection 6(6) of the Act in relation to a child because the Secretary is satisfied that the requirements in section 10 are met, the Secretary must make the determination for no longer than 6 months after the child’s first entry into Australia.

(3) If, while a determination under subsection 6(6) of the Act is in force in relation to a child, the Secretary is satisfied that the child meets the usual immunisation requirements, the Secretary must revoke the determination.

Note The Secretary revokes a determination under subsection 6(6) of the Act as affected by subsection 33(3) of the Acts Interpretation Act 1901.

8 Refusal of consent to vaccination etc.

(1) The requirements of this section are met if:

(a) the child is in the care of a person whose eligibility for child care benefit is being assessed (claimant); and

(b) neither the claimant nor the claimant’s partner has legal authority to make decisions about the medical treatment of the child; and

(c) if the child is aged under 15 years, a person (other than the child) with legal authority to make decisions about the medical treatment of the child has refused, or failed within a reasonable time, to provide consent to the claimant taking actions to enable the child to meet the usual immunisation requirements;

(d) if the child is aged at least 15 years, the child has refused, or failed within a reasonable time, to provide consent to the claimant taking actions to enable the child to meet the usual immunisation requirements.

(2) The requirements of this section are also met if:

(a) the child must meet the immunisation requirements for FTB Part A supplement; and

(b) the individual has care of the child under a law mentioned in subparagraph 49(1)(a)(i) or (ii) of the Act; and

(c) neither the individual nor the individual’s partner has legal authority to make decisions about the medical treatment of the child; and

(d) if the child is aged under 15 years, a person (other than the child) with legal authority to make decisions about the medical treatment of the child has refused, or failed within a reasonable time, to provide consent to the individual taking actions to enable the child to meet the usual immunisation requirements;

(e) if the child is aged at least 15 years, the child has refused, or failed within a reasonable time, to provide consent to the individual taking actions to enable the child to meet the usual immunisation requirements.

9 Family violence

The requirements of this section are met if there is a risk that:

(a) the individual:

(i) whose eligibility for child care benefit is being assessed; or

(ii) who has care of a child and the child must meet the immunisation requirements for FTB Part A supplement; or

(b) the child; or

would be subject to family violence if the individual took action to enable the child to meet the usual immunisation requirements.

10 Permanent humanitarian visa holder

The requirements of this section are met if:

(a) the individual:

(i) whose eligibility for child care benefit is being assessed; or

(ii) who has care of a child and the child must meet the immunisation requirements for FTB Part A supplement;

is the holder of a permanent humanitarian visa; and

(b) no more than 6 months have passed since the child’s first entry to Australia.

Note A determination made for these reasons can only be in force for a maximum of 6 months after the child first enters Australia: see subsection 7(2).

11 Child vaccinated outside Australia

The requirements of this section are met if:

(a) an individual has care of a child and the child must meet the immunisation requirements for FTB Part A supplement; and

(b) the child is outside Australia; and

(d) a medical practitioner has certified in writing that those vaccinations have provided the child with the same level of immunisation that the child would have acquired if the child had been vaccinated in accordance with a standard vaccination schedule, or a catch up vaccination schedule, determined under section 4 of the Act; and

(e) it is not possible for a recognised immunisation provider to certify that the vaccinations have provided the child with the same level of immunisation that the child would have acquired if the child had been vaccinated in accordance with a standard vaccination schedule, or a catch up vaccination schedule, determined under section 4 of the Act; and

(f) the child has received, whether in or outside Australia, all the other vaccinations in accordance with a standard vaccination schedule, or a catch up vaccination schedule, determined under section 4 of the Act.

12 Child at risk of serious abuse or neglect

The requirements of this section are met if:

(a) an approved child care service’s eligibility for child care benefit is being assessed; and

(b) the child is at risk of serious abuse or neglect; and

(c) if the Secretary did not make the determination, the risk to the child of serious abuse or neglect would be increased.