The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

2.6.2.30 CCS - immunisation approved exemptions

Summary

This topic explains the approved exemptions for an individual (1.1.I.90) to meet the immunisation requirements (1.1.I.10) for CCS and the evidence required.

The following recognised immunisation providers (1.1.R.09) are eligible to certify that a child is medically contraindicated or that a child does not require immunisation because the child has developed a natural immunity:

  • a general practitioner (1.1.G.12)
  • a paediatrician
  • a public health physician
  • an infectious diseases physician, or
  • a clinical immunologist.

Approved exemptions from immunisation

A child has an approved exemption from CCS immunisation requirements where the:

  • child has a medical contraindication
  • child has natural immunity
  • child is a part of an approved vaccine study
  • vaccine is temporarily unavailable
  • child is vaccinated overseas, or
  • Secretary has determined that the child is exempt.

Medical contraindication

Only recognised immunisation providers listed above are eligible to certify that a child does not require immunisation because the child has a medical contraindication to the vaccination.

Example: A child who suffers from anaphylaxis following a previous dose of the relevant vaccine. If so, a recognised immunisation provider may certify that immunisation is medically contraindicated on the approved form.

Act reference: FAAct section 6(3) Medical contraindication, natural immunity and vaccine study

Natural immunity

Only recognised immunisation providers listed above are eligible to certify that a child does not require immunisation because the child has developed a natural immunity.

Generally, a natural immunity exemption will only be applied to a specific antigen (not the whole schedule). A natural immunity exemption should be applied for life (based on the clinical assessment of a recognised immunisation provider).

Example: A child who has previously contracted measles may have developed a natural immunity to contracting the disease again and therefore, does not need to be immunised against measles again.

Act reference: FAAct section 6(3) Medical contraindication, natural immunity and vaccine study

Approved vaccine study

A child meets the immunisation requirements if the child is a participant in a vaccine study approved by a Human Research Ethics Committee registered with the National Health and Medical Research Council.

Act reference: FAAct section 6(3) Medical contraindication, natural immunity and vaccine study

Temporary unavailability of vaccine

Where a child is not vaccinated as required and the Commonwealth Chief Medical Officer has certified in writing that the relevant vaccine/s (or all vaccines) are temporarily unavailable, the child is considered to meet the immunisation requirements, provided the child has received all other relevant vaccinations. A child meets the immunisation requirements on this basis only until the vaccine becomes available.

Act reference: FAAct section 6(4) Temporary unavailability of vaccine

Child vaccinated overseas

A child who was vaccinated overseas can meet the Australian early childhood vaccination schedule (birth to 4 years), when a recognised immunisation provider confirms the child has the same level of immunisation, by recording the details on the Australian Immunisation Register (AIR).

Act reference: FAAct section 6(5) Child vaccinated overseas

Secretary may determine a child meets immunisation requirements

The table below details circumstances where the Secretary can determine a child meets the immunisation requirements.

Exception/exemptionCircumstances
Refusal of consent to vaccination
  • the child is in the care of an individual under a state or territory child welfare law and neither the individual nor their partner has legal authority to make decisions about the medical treatment of the child, and
  • if the child is aged under 14 years, the person with legal authority to make decisions about the medical treatment of the child has refused or failed within a reasonable timeframe, to provide consent to the individual taking actions to enable the child to meet the immunisation requirements, or
  • if the child is aged at least 14 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.

Note: Where biological parents of the child/ren are separated and there is a court order in place that includes a clause stating both parents are unable to vaccinate their child/ren without agreement from the other parent an exemption from immunisation may be approved with evidence. If the biological parents of the child/ren are separated and there is no court order in place, either parent may exercise their parental responsibilities, either independently or jointly, regarding making medical decisions such as choosing to vaccinate.

Risk of family violence (1.1.F.15)
  • taking action to meet the immunisation requirements would result in the child, the individual who has care of the child or a member of the immediate family of the individual or the child being at risk of family violence.
Child would be at increased risk (1.1.A.110) of serious abuse or neglect
  • the parent or carer is not eligible for CCS
  • the child does not meet the immunisation requirements, or their immunisation status is unknown, and
  • the provider believes the child would be at increased risk of serious abuse or neglect if the child does not get access to the subsidy.
Permanent humanitarian visa holder
  • the individual is a permanent humanitarian visa holder and has not had the opportunity to immunise their child.

Note: An exemption under this category can only be applied for a maximum period of 6 months after the child first enters Australia. When the exemption ends the customer will be placed into a grace period if they are still not up to date.

Unacceptable risk of harm to child or another person
  • a listed medical practitioner (1.1.L.28) has certified in writing that immunisation of the child would result in an unacceptable risk of physical harm to the child or a person administering a vaccination to the child, and
  • the Commonwealth Chief Medical Officer has certified in writing that they agree with the listed medical practitioner.

Act reference: FAAct section 6(6) Secretary's decision
Family Assistance (Immunisation Principles and Vaccination Schedules) (DSS) Determination 2018
Policy reference: FA Guide 2.1.3.20 CCS immunisation requirements

Evidence required to determine exemption

The table below explains the required evidence to determine whether an individual has an exemption from immunisation.

Exemption circumstanceEvidence required
Medical contraindication
Natural immunity
  • Medical contraindication or natural immunity certified by a recognised immunisation provider through the AIR site or on the AIR Immunisation medical exemption form (IM011).
Approved vaccine study
  • A signed letter, from the researchers which verifies that the child is a participant of a vaccine study, and
  • evidence that the study is approved by a Human Research Ethics Committee registered with the National Health and Medical Research Council.
Temporary unavailability of vaccine
  • The Commonwealth Chief Medical Officer must certify in writing that a vaccine, or all vaccines, are temporarily unavailable.
Child vaccinated overseas
  • A child who was vaccinated in another country meets the immunisation requirements if a recognised immunisation provider completes and signs the Australian Immunisation Register immunisation history form (IM013) for the vaccines administered overseas and provides a signed letter detailing the vaccines received.
Refusal of consent to vaccination
  • evidence of a formal or informal care arrangement between the primary carer and the individual with legal authority to vaccinate the child to show proof of care
  • if the child is aged under 14 years
    • evidence that the individual with legal authority to vaccinate the child does not give authority for the child to be vaccinated, or evidence that authority has not been provided within a reasonable timeframe (for example, statutory declaration from carer and letter from authority that the person with legal authority has not provided consent), or
  • if the child is aged 14 years or over
    • evidence that the child does not consent or has not given consent in a reasonable timeframe to being immunised (for example, statutory declaration from carer or a letter from a recognised immunisation provider that the child has refused).
Risk of family violence
  • individuals must be referred to a Centrelink social worker and each case will be assessed on a case-by-case basis. Applicable documentation is to be determined by the Centrelink social worker.
Child would be at increased risk of serious abuse or neglect
  • an approved provider's (1.1.A.90) eligibility for ACCS (child wellbeing) is being assessed (4.13.2.40), and
  • an application in the form and manner deemed appropriate by the Secretary will be required in support of an exemption.
Permanent humanitarian visa holder

An eligibility assessment is determined when the Department of Home Affairs data link is established for the child. This is generally established by Refugee and Asylum Seeker (RAS) Service Officers during new claim interview.

The system will automatically apply a Secretary determination exemption to the customer's record:

  • when a customer's claim is submitted, and
  • both the customer and child satisfy Humanitarian Visa subclass and FTB eligibility requirements, which includes
  • care of the child, and
  • correct visa subclass category
Unacceptable risk of harm to the child or a person administering the vaccination
  • a listed medical practitioner (1.1.M.40) has certified in writing, on an approved form, that immunisation of the child would result in an unacceptable risk of physical harm to the child or a person administering a vaccination to the child, and
  • the Commonwealth Chief Medical Officer has certified in writing that he or she agrees with the listed medical practitioner.

Note: A recipient (1.1.R.07) can seek referral to a listed medical practitioner through a general practitioner or a state or territory health department.

Act reference: FAAct section 4 Minister's power to make determinations for the purposes of the definition of immunised, section 6 Immunisation requirements

Family Assistance (Immunisation and Vaccination) (Education) Determination 2018

Policy reference: FA Guide 1.2.1 Family tax benefit (FTB) - description, 1.2.6 Child care subsidy (CCS) - description, 2.1.3.20 CCS immunisation requirements, 2.1.3.40 Immunisation - approved exemptions (FTB), 2.6.1 CCS eligibility, 4.13.2.40 ACCS (child wellbeing) - provider eligible enrolment

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