1Short title
This Act may be cited as the Australian Immunisation Register Act 2015.
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Bill homepage (APH)This Act may be cited as the Australian Immunisation Register Act 2015.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | 1 January 2016. | 1 January 2016 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
This Act establishes a register of information about vaccinations.
The purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.
Sensitive information in the register is protected.
In this Act:
AI register means the Australian Immunisation Register.
approved form means a form approved under subsection 29(1).
arrangement includes a contract or deed.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
commercial‑in‑confidence has the meaning given by section 5.
family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.
general practitioner has the same meaning as in the Health Insurance Act 1973.
healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.
healthcare identifier information for a person has the meaning given by section 5B.
legal personal representative, of an individual, means:
a parent or guardian of the individual, if the individual is under the age of 18 years; or
a trustee of an estate of the individual, if the individual is under a legal disability; or
a person who holds an enduring power of attorney granted by the individual.
parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.
personal information has the same meaning as in the Privacy Act 1988.
prescribed body means a person prescribed by the rules for the purposes of this definition.
protected information means personal information, relevant identifying information or information that is commercial‑in‑confidence, to the extent that this information:
is obtained under, or in accordance with, this Act; or
is derived from a record of information that was made under, or in accordance with, this Act; or
is derived from a disclosure or use of information that was made under, or in accordance with, this Act.
provider identification information has the meaning given by section 5A.
purposes of the AI register means the purposes set out in section 10.
recognised vaccination provider means:
a general practitioner; or
an individual, or body, endorsed to administer vaccines in Australia, if the endorsement:
is for purposes that include the purposes of the AI register; and
is by the Commonwealth, a State or a Territory.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant identifying information for an individual means the following:
the individual’s name, contact details, date of birth, gender and Indigenous status;
the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) (if any);
the individual’s healthcare identifier (if any);
the name and contact details of a legal personal representative of the individual if the individual is incapable of managing his or her health affairs;
any other information of a kind prescribed by the rules for the purposes of this definition that identifies the individual.
relevant vaccination means a vaccination administered:
in Australia; or
outside Australia, if information about the vaccination is given to a recognised vaccination provider.
rules means the rules made under section 31.
Secretary means the Secretary of the Department.
vaccine preventable disease means a disease listed as a vaccine preventable disease in the latest edition of the Australian Immunisation Handbook published by the Government Printer.
The Handbook could in 2015 be viewed on the Department’s website (http://www.immunise.health.gov.au/internet/immunise/publishing.nsf/Content/Handbook10‑home).
Information is commercial‑in‑confidence if a person demonstrates to the Minister that:
release of the information would cause competitive detriment to the person; and
the information is not in the public domain; and
the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and
the information is not readily discoverable.
If a recognised vaccination provider administers a vaccine, or is given information about a relevant vaccination, at a place where the provider practices the provider’s profession, then each of the following is provider identification information for the provider:
the provider’s name and contact details;
if a number known as a provider number has been allocated by the Chief Executive Medicare to the provider in respect of that place—that number;
if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.
Each of the following is healthcare identifier information for a person:
if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;
if the person is an individual healthcare provider linked to a healthcare provider organisation that has a healthcare identifier—the healthcare identifier for the healthcare provider organisation.
In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:
healthcare provider;
healthcare provider organisation;
individual healthcare provider;
linked.
This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
The Australian Immunisation Register is established to keep information about vaccinations of individuals.
The purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.
Recognised vaccination providers are required to report certain information in relation to certain relevant vaccinations that have been administered. This information will be included in the register.
A recognised vaccination provider may be required to give information, or be given a formal warning, if the provider is not complying, or has not complied, with the requirement to report.
Individuals can opt out from receiving certain information from the register. They can also request for their information in the register not to be disclosed for certain purposes.
Payments relating to vaccinations may be made on behalf of the Commonwealth.
The Commonwealth must establish and keep a register to be called the Australian Immunisation Register.
Parts of the register may be kept separate from each other, and be called different names.
For example, the parts of the register dealing with vaccinations given through school programs could be kept separately and be called the Australian School Vaccination Register.
The register is not a legislative instrument.
The AI register may include the following:
relevant identifying information for each individual who has, or could have, a relevant vaccination;
information provided by a recognised vaccination provider about each relevant vaccination, including:
the day of the vaccination; and
information about the vaccine administered; and
if the vaccine was administered in Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who administered the vaccine; and
if the vaccine was administered outside Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who has been given information about the vaccination;
relevant identifying information for each individual who is assessed by a general practitioner, a paediatrician, a public health physician, an infectious diseases physician or a clinical immunologist as:
not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or
having a medical contraindication to a vaccine, and as a result should not receive a vaccination;
information about each of those assessments, including:
the day of the assessment; and
information about the vaccine relevant to the assessment; and
the name and contact details of, and healthcare identifier information for, the general practitioner, paediatrician, public health physician, infectious diseases physician or clinical immunologist who conducted the assessment; and
if a number known as a provider number has been allocated by the Chief Executive Medicare to that general practitioner, paediatrician, public health physician, infectious diseases physician or clinical immunologist in respect of the place at which the assessment was conducted—that number;
other information relating to vaccinations of individuals.
The purposes of the AI register are to facilitate the following:
establishing and keeping an electronic database of records relating to vaccinations of individuals;
collecting, analysing and publishing statistics, and other information, about vaccination coverage across Australia and parts of Australia;
monitoring vaccination coverage across Australia and parts of Australia;
monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases;
identifying any parts of Australia at risk during disease outbreaks because of the number of unvaccinated individuals in those parts;
checking an individual’s vaccination status by that individual or by a recognised vaccination provider;
checking an individual’s vaccination status:
by (or on behalf of) the Commonwealth; and
to the extent that this is necessary for determining eligibility for family assistance;
advising an individual when he or she is, or was, due to receive doses of a vaccine;
certifying when a course of vaccination has been completed;
promoting individuals’ health and well‑being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers;
payments relating to vaccinations;
research relating to vaccinations;
anything incidental to any of the above paragraphs.
For an individual who is incapable of managing his or her health affairs:
paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal personal representative of the individual; and
paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information to, a legal personal representative of the individual.
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