Public Health Regulation 2000

This regulation is the Public Health Regulation 2000.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation or in other legislation.

For example, the signpost definition ‘childcare centre—see the Children and Young People Act 2008, section 733.’ means that the term ‘childcare centre’ is defined in that section and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this regulation (see Code, pt 2.1):

 s 66 (4) (Keeping domestic birds).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

For this regulation, a person is immunised against a vaccine preventable disease only if—

a vaccine registered under the Therapeutic Goods Act 1989 (Cwlth) has been administered to the person and the applicable vaccination procedure (under subsection (2)) was followed; or

the person has serological evidence of immunity against the disease.

The applicable vaccination procedure for an immunisation against a vaccine preventable disease is the procedure directed by the chief health officer.

A direction under subsection (2) is a disallowable instrument.

For this regulation, the following diseases are vaccine preventable diseases:

diphtheria;

Haemophilus influenzae type b (hib) infection;

measles;

mumps;

poliomyelitis;

rubella (German measles);

tetanus;

pertussis (whooping cough);

hepatitis B;

a disease declared under subsection (2).

The chief health officer may—

declare another disease to be a vaccine preventable disease; or

declare that a disease (including a disease mentioned in subsection (1) (a) to (i)) is not a vaccine preventable disease.

A declaration under subsection (2) is a disallowable instrument.

For this regulation, if an obligation is expressed to apply to a parent or guardian of a child (but not to a particular parent or guardian of the child)—

it is sufficient for any parent or guardian of the child to carry out the obligation; and

if no parent or guardian of the child carries out the obligation—each parent and guardian is liable for the failure to carry out the obligation.

For this regulation, if an obligation is expressed to apply to a person responsible for a child (but not to a particular person responsible for the child)—

it is sufficient for any person responsible for the child to carry out the obligation; and

if no person responsible for the child carries out the obligation—each person responsible for the child is liable for the failure to carry out the obligation.

In this division:

pre-secondary school means a childcare centre, preschool, kindergarten or primary school.

When a child is enrolled at a kindergarten or primary school for the first time (for that kindergarten or school), the person in charge of the kindergarten or school must require a parent or guardian of the child to provide, for each vaccine preventable disease—

an immunisation record stating the immunisation status of the child for the disease; or

if the parent or guardian cannot provide an immunisation record for the disease—a statement verifying that the child has been immunised against the disease; or

a declaration that the child has not been immunised against the disease; or

a declaration that the parent or guardian does not know whether or not the child has been immunised against the disease.

Maximum penalty: 10 penalty units.

Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

When a child is enrolled at a preschool or childcare centre for the first time (for that preschool or centre), the person in charge of the preschool or centre must require a parent or guardian of the child—

to provide for inspection an immunisation record setting out the immunisation status of the child for each vaccine preventable disease; and

to give the person in charge a copy of that record.

Maximum penalty: 10 penalty units.

A parent or guardian of a child must comply with a requirement under this section.

Maximum penalty: 10 penalty units.

It is a defence to a prosecution under this section for failure to do a thing that the defendant had a reasonable excuse for that failure.

The person in charge of a pre-secondary school must make a record of the immunisation status of each child enrolled at the school in a form that is readily accessible to the person in charge and the chief health officer.

Maximum penalty: 10 penalty units.

In a prosecution for an offence against subsection (1), an immunisation record signed by any of the following people is evidence that a specified child is immunised against the vaccine preventable disease to which the signature relates:

a doctor;

a nurse;

an enrolled nurse;

a midwife;

a person authorised in writing by the chief health officer for the purpose.

The person in charge of a pre-secondary school must—

keep a copy of a child’s immunisation record while the child is enrolled at the school; and

give a copy of the immunisation record to the chief health officer within a reasonable time after enrolment.

Maximum penalty: 10 penalty units.

It is a defence to a prosecution under this section for failure to do a thing that the defendant had a reasonable excuse for that failure.

When a child is enrolled at a pre-secondary school for the first time (for that school), the person in charge of the school must require a parent or guardian of the child to tell the person in charge of a change in the immunisation status of the child within a reasonable time after the status changes.

Maximum penalty: 10 penalty units.

The parent or guardian of a child enrolled at a pre-secondary school must tell the person in charge of the school of a change in the immunisation status of the child within a reasonable time after the status changes.

Maximum penalty: 10 penalty units.

If the person in charge of a pre-secondary school is told of a change in a child’s immunisation status, the person must attach a note of the change to the child’s immunisation record.

Maximum penalty: 10 penalty units.

The person in charge of a pre-secondary school must, within a reasonable time after a note is attached under subsection (2), give a copy of the note to the chief health officer.

Maximum penalty: 10 penalty units.

It is a defence to a prosecution under this section for failure to do a thing that the defendant had a reasonable excuse for that failure.

The chief health officer, or a person authorised in writing by the chief health officer, may obtain access to and take copies of information about a child’s immunisation status if required to do so—

for this regulation; or

to conduct an epidemiological study.

The chief health officer may authorise another person under subsection (1) only if satisfied that the authorised person has adequate knowledge and experience of—

disease control; or

the management of immunisation programs.

In this section:

epidemiological study means a study or series of studies of—

the incidence or distribution of a vaccine preventable disease in the territory population, a group of people in that population or a sub-sample of such a group; or

the factors responsible for the incidence or distribution, or both, of the disease.