{"id":"C2015A00138","name":"Australian Immunisation Register Act 2015","slug":"australian-immunisation-register-act-2015","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"138 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":54951,"registerId":"commonwealth-C2015A00138-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Australian Immunisation Register Act 2015.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

1 January 2016.

1 January 2016

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted.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.\n\n (2) 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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 3 Simplified outline of this Act\n\nThis Act establishes a register of information about vaccinations.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nSensitive information in the register is protected.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act:\n\n> AI register means the Australian Immunisation Register.\n\n> approved form means a form approved under subsection 29(1).\n\n> arrangement includes a contract or deed.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 5.\n\n> family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.\n\n> general practitioner has the same meaning as in the Health Insurance Act 1973.\n\n> healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.\n\n> healthcare identifier information for a person has the meaning given by section 5B.\n\n> legal personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is under the age of 18 years; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> 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.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> prescribed body means a person prescribed by the rules for the purposes of this definition.\n\n> protected information means personal information, relevant identifying information or information that is commercial‑in‑confidence, to the extent that this information:\n\n (a) is obtained under, or in accordance with, this Act; or\n (b) is derived from a record of information that was made under, or in accordance with, this Act; or\n (c) is derived from a disclosure or use of information that was made under, or in accordance with, this Act.\n\n> provider identification information has the meaning given by section 5A.\n\n> purposes of the AI register means the purposes set out in section 10.\n\n> recognised vaccination provider means:\n\n (a) a general practitioner; or\n (b) an individual, or body, endorsed to administer vaccines in Australia, if the endorsement:\n (i) is for purposes that include the purposes of the AI register; and\n (ii) is by the Commonwealth, a State or a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant identifying information for an individual means the following:\n\n (a) the individual’s name, contact details, date of birth, gender and Indigenous status;\n (b) the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) (if any);\n (c) the individual’s healthcare identifier (if any);\n (d) 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;\n (e) any other information of a kind prescribed by the rules for the purposes of this definition that identifies the individual.\n\n> relevant vaccination means a vaccination administered:\n\n (a) in Australia; or\n (b) outside Australia, if information about the vaccination is given to a recognised vaccination provider.\n\n> rules means the rules made under section 31.\n\n> Secretary means the Secretary of the Department.\n\n> 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.\n\n> Note: 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).","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of commercial‑in‑confidence","content":"#### 5 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of provider identification information","content":"#### 5A Meaning of provider identification information\n\n 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:\n (a) the provider’s name and contact details;\n (b) 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;\n (c) if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.","sortOrder":6},{"sectionNumber":"5B","sectionType":"section","heading":"Meaning of healthcare identifier information","content":"#### 5B Meaning of healthcare identifier information\n\n (1) Each of the following is healthcare identifier information for a person:\n (a) if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;\n (b) 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.\n (2) In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:\n (a) healthcare provider;\n (b) healthcare provider organisation;\n (c) individual healthcare provider;\n (d) linked.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Act binds the Crown","content":"#### 6 Act binds the Crown\n\n 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.","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Australian Immunisation Register","content":"An Act to establish and provide for an immunisation register, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Immunisation Register Act 2015.\n\n#### 2 Commencement\n\n (1) 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

1 January 2016.

1 January 2016

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Simplified outline of this Act\n\nThis Act establishes a register of information about vaccinations.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nSensitive information in the register is protected.\n\n#### 4 Definitions\n\n In this Act:\n\n> AI register means the Australian Immunisation Register.\n\n> approved form means a form approved under subsection 29(1).\n\n> arrangement includes a contract or deed.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 5.\n\n> family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.\n\n> general practitioner has the same meaning as in the Health Insurance Act 1973.\n\n> healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.\n\n> healthcare identifier information for a person has the meaning given by section 5B.\n\n> legal personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is under the age of 18 years; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> 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.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> prescribed body means a person prescribed by the rules for the purposes of this definition.\n\n> protected information means personal information, relevant identifying information or information that is commercial‑in‑confidence, to the extent that this information:\n\n (a) is obtained under, or in accordance with, this Act; or\n (b) is derived from a record of information that was made under, or in accordance with, this Act; or\n (c) is derived from a disclosure or use of information that was made under, or in accordance with, this Act.\n\n> provider identification information has the meaning given by section 5A.\n\n> purposes of the AI register means the purposes set out in section 10.\n\n> recognised vaccination provider means:\n\n (a) a general practitioner; or\n (b) an individual, or body, endorsed to administer vaccines in Australia, if the endorsement:\n (i) is for purposes that include the purposes of the AI register; and\n (ii) is by the Commonwealth, a State or a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant identifying information for an individual means the following:\n\n (a) the individual’s name, contact details, date of birth, gender and Indigenous status;\n (b) the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) (if any);\n (c) the individual’s healthcare identifier (if any);\n (d) 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;\n (e) any other information of a kind prescribed by the rules for the purposes of this definition that identifies the individual.\n\n> relevant vaccination means a vaccination administered:\n\n (a) in Australia; or\n (b) outside Australia, if information about the vaccination is given to a recognised vaccination provider.\n\n> rules means the rules made under section 31.\n\n> Secretary means the Secretary of the Department.\n\n> 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.\n\n> Note: 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).\n\n#### 5 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n#### 5A Meaning of provider identification information\n\n 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:\n (a) the provider’s name and contact details;\n (b) 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;\n (c) if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.\n\n#### 5B Meaning of healthcare identifier information\n\n (1) Each of the following is healthcare identifier information for a person:\n (a) if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;\n (b) 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.\n (2) In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:\n (a) healthcare provider;\n (b) healthcare provider organisation;\n (c) individual healthcare provider;\n (d) linked.\n\n#### 6 Act binds the Crown\n\n 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.\n\n## Part 2—Australian Immunisation Register\n\n### Division 1—Simplified outline\n\n#### 7 Simplified outline of this Part\n\nThe Australian Immunisation Register is established to keep information about vaccinations of individuals.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nRecognised 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.\n\nA 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.\n\nIndividuals 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.\n\nPayments relating to vaccinations may be made on behalf of the Commonwealth.\n\n### Division 2—Establishment, contents and purposes\n\n#### 8 Establishment of the register\n\n (1) The Commonwealth must establish and keep a register to be called the Australian Immunisation Register.\n (2) Parts of the register may be kept separate from each other, and be called different names.\n\n> Note: 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.\n\n (3) The register is not a legislative instrument.\n\n#### 9 Contents of the register\n\n The AI register may include the following:\n (a) relevant identifying information for each individual who has, or could have, a relevant vaccination;\n (b) information provided by a recognised vaccination provider about each relevant vaccination, including:\n (i) the day of the vaccination; and\n (ii) information about the vaccine administered; and\n (iii) if the vaccine was administered in Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who administered the vaccine; and\n (iv) 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;\n (c) 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:\n (i) not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or\n (ii) having a medical contraindication to a vaccine, and as a result should not receive a vaccination;\n (d) information about each of those assessments, including:\n (i) the day of the assessment; and\n (ii) information about the vaccine relevant to the assessment; and\n (iii) 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\n (iv) 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;\n (e) other information relating to vaccinations of individuals.\n\n#### 10 Purposes of the register\n\n (1) The purposes of the AI register are to facilitate the following:\n (a) establishing and keeping an electronic database of records relating to vaccinations of individuals;\n (b) collecting, analysing and publishing statistics, and other information, about vaccination coverage across Australia and parts of Australia;\n (c) monitoring vaccination coverage across Australia and parts of Australia;\n (d) monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases;\n (e) identifying any parts of Australia at risk during disease outbreaks because of the number of unvaccinated individuals in those parts;\n (f) checking an individual’s vaccination status by that individual or by a recognised vaccination provider;\n (g) checking an individual’s vaccination status:\n (i) by (or on behalf of) the Commonwealth; and\n (ii) to the extent that this is necessary for determining eligibility for family assistance;\n (h) advising an individual when he or she is, or was, due to receive doses of a vaccine;\n (i) certifying when a course of vaccination has been completed;\n (j) promoting individuals’ health and well‑being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers;\n (k) payments relating to vaccinations;\n (l) research relating to vaccinations;\n (m) anything incidental to any of the above paragraphs.\n (2) For an individual who is incapable of managing his or her health affairs:\n (a) paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal personal representative of the individual; and\n (b) paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information to, a legal personal representative of the individual.\n\n### Division 2A—Reporting obligation etc.\n\n#### 10A Requirement to report information relating to certain relevant vaccinations\n\n Relevant vaccination administered in Australia\n (1) If:\n (a) a recognised vaccination provider administers a relevant vaccination in Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) is administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (2) Subsection (1) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Relevant vaccination administered outside Australia\n (3) If:\n (a) a recognised vaccination provider is given information about a relevant vaccination that was administered outside Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) was administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (4) Subsection (3) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Civil penalty provision etc.\n (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).\n\nCivil penalty: 30 penalty units.\n\n (6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.\n\n#### 10B Secretary may require recognised vaccination provider to give information\n\n (1) If the Secretary reasonably believes that a recognised vaccination provider is not complying with subsection 10A(1) or (3), the Secretary may, by written notice, require the provider to give, within the period specified in the notice and in the manner specified in the notice, information relating to that non‑compliance.\n (2) The period specified in the notice must not be shorter than 14 days after the notice is given.\n (3) A person is liable to a civil penalty if the person fails to comply with a notice given to the person under subsection (1).\n\nCivil penalty: 30 penalty units.\n\n#### 10C Secretary may give formal warning to recognised vaccination provider\n\n If the Secretary reasonably believes that a recognised vaccination provider may have contravened subsection 10A(1) or (3), the Secretary may, by written notice given to the provider:\n (a) inform the provider of that matter; and\n (b) warn the provider that the provider may be liable to a civil penalty under subsection 10A(5).\n\n### Division 3—Requests about personal information in the register\n\n#### 11 Requests about personal information in the register\n\n (1) An individual may, in the approved form, request that the individual not be given by (or on behalf of) the Commonwealth:\n (a) any advice of a kind referred to in paragraph 10(1)(h); or\n (b) any certification of a kind referred to in paragraph 10(1)(i); or\n (c) any information of a kind referred to in paragraph 10(1)(j).\n\n> Note: The request could be made by a legal personal representative of an individual who is incapable of managing his or her health affairs (see subsection 10(2)).\n\n (2) An individual may, in the approved form, request that personal information on the AI register relating to or identifying:\n (a) the individual; or\n (b) if the individual is a legal personal representative of another individual who is incapable of managing his or her health affairs—that other individual;\n not be disclosed from the AI register for one or more purposes of the AI register.\n (3) The Commonwealth must comply with a request under this section as soon as practicable.\n\n### Division 4—Payments relating to the register\n\n#### 12 Payments relating to vaccinations\n\n (1) The Minister may, on behalf of the Commonwealth, make a payment to a recognised vaccination provider in relation to:\n (a) the provider’s administrative costs incurred in reporting information for inclusion in the AI register; or\n (b) the provider:\n (i) identifying an individual who is overdue for a relevant vaccination; and\n (ii) administering the vaccination; and\n (iii) reporting information about the vaccination for inclusion in the AI register.\n (2) The Minister may, on behalf of the Commonwealth, make a payment:\n (a) for the purposes of the AI register; and\n (b) in circumstances of a kind prescribed by the rules for the purposes of this subsection.\n\n### Division 5—Alternative constitutional bases\n\n#### 13 Alternative constitutional bases\n\n (1) Without limiting its effect apart from this section, this Act also has the effect it would have if the purposes of the AI register were, by express provision, confined to purposes relating to:\n (a) the provision of pharmaceutical benefits; or\n (b) the provision of medical services (without any form of civil conscription); or\n (c) census or statistics; or\n (d) external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (e) a Territory or a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (f) the implied power of the Parliament to make laws with respect to nationhood; or\n (g) the executive power of the Commonwealth; or\n (h) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.\n\n## Part 4—Dealing with protected information in the register\n\n#### 21 Simplified outline of this Part\n\nInformation can be collected for inclusion in the AI register.\n\nSection 23 makes it an offence if a person, while unauthorised to do so, discloses or uses protected information.\n\nThe main authorisation relates to disclosure or use for the purposes of the register. There are also a number of exceptions to the offence.\n\n#### 22 Authorised dealings with protected information\n\n Uploading personal information etc. to the AI register\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) relevant identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including the information in the AI register.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Using or disclosing protected information in the AI register\n (2) A person may make a record of, disclose or otherwise use protected information if:\n (a) the person does so for the purposes of the AI register, and the person is:\n (i) an officer or employee of the Commonwealth or of an authority of the Commonwealth; or\n (ii) engaged by the Commonwealth, or by an authority of the Commonwealth, to perform work relating to the purposes of the AI register; or\n (iii) an officer or employee of, or is engaged by, a person referred to in subparagraph (ii) to perform work relating to the purposes of the AI register; or\n (iv) a prescribed body; or\n (v) a recognised vaccination provider; or\n (b) the person is authorised to do so under subsection (3); or\n (c) the person does so for the purposes of performing the person’s functions, or exercising the person’s powers, under this Act; or\n (ca) the person does so for the purposes of including information in the register kept under Part 2 of the National Cancer Screening Register Act 2016; or\n (d) the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory; or\n (e) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (f) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Protected information is not limited to information in the register (see section 4). It can also cover information that:\n\n (a) is obtained as the result of a disclosure from the register, whether directly or indirectly because of one or more on‑disclosures; or\n (b) is derived from information that was in the register.\n (3) The Minister may, in writing, authorise a person to make a record of, disclose or otherwise use protected information for a specified purpose that the Minister is satisfied is in the public interest.\n (4) Paragraph (2)(a) does not apply to personal information to the extent that a disclosure under that paragraph would be contrary to a request in force under subsection 11(2).\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person makes a record of, discloses or otherwise uses the information; and\n (d) the making of the record, or the disclosure or use, is not authorised by section 22.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exception for use in good faith\n\n Section 23 does not apply to a person to the extent that the person makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with section 22.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 25 Exception if unaware information is commercial‑in‑confidence\n\n Section 23 does not apply to a person if:\n (a) the person makes a record of, discloses or otherwise uses protected information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates includes a reference to the person’s legal personal representative if the person is incapable of managing his or her health affairs.\n\n#### 27 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n## Part 5—Other matters\n\n#### 28 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, delegations and rules.\n\n#### 28A Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Secretary;\n (b) an SES employee, or an acting SES employee, in the Department.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n\n#### 29 Approved forms\n\n (1) The Minister may, in writing, approve a form for the purposes of a provision of this Act.\n (2) A request required by a provision of this Act to be in the approved form must be given to the person specified in the form for that purpose.\n\n#### 30 Delegation\n\n Delegation by the Minister\n (1) The Minister may, in writing, delegate his or her functions or powers under subsection 22(3) (about authorising disclosures etc.) to:\n (a) a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Department; or\n (b) the Chief Executive Medicare.\n (2) The Minister may, in writing, delegate his or her functions or powers under:\n (a) section 5 (about commercial‑in‑confidence information); or\n (b) section 12 (about payments relating to vaccinations); or\n (c) section 29 (about approved forms);\n to an SES employee, or an acting SES employee, in the Department or to the Chief Executive Medicare.\n (3) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Minister.\n Delegation by the Secretary\n (4) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 10B or 10C of this Act to an SES employee, or an acting SES employee, in the Department.\n (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 31 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Simplified outline","content":"An Act to establish and provide for an immunisation register, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Immunisation Register Act 2015.\n\n#### 2 Commencement\n\n (1) 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

1 January 2016.

1 January 2016

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Simplified outline of this Act\n\nThis Act establishes a register of information about vaccinations.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nSensitive information in the register is protected.\n\n#### 4 Definitions\n\n In this Act:\n\n> AI register means the Australian Immunisation Register.\n\n> approved form means a form approved under subsection 29(1).\n\n> arrangement includes a contract or deed.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 5.\n\n> family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.\n\n> general practitioner has the same meaning as in the Health Insurance Act 1973.\n\n> healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.\n\n> healthcare identifier information for a person has the meaning given by section 5B.\n\n> legal personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is under the age of 18 years; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> 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.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> prescribed body means a person prescribed by the rules for the purposes of this definition.\n\n> protected information means personal information, relevant identifying information or information that is commercial‑in‑confidence, to the extent that this information:\n\n (a) is obtained under, or in accordance with, this Act; or\n (b) is derived from a record of information that was made under, or in accordance with, this Act; or\n (c) is derived from a disclosure or use of information that was made under, or in accordance with, this Act.\n\n> provider identification information has the meaning given by section 5A.\n\n> purposes of the AI register means the purposes set out in section 10.\n\n> recognised vaccination provider means:\n\n (a) a general practitioner; or\n (b) an individual, or body, endorsed to administer vaccines in Australia, if the endorsement:\n (i) is for purposes that include the purposes of the AI register; and\n (ii) is by the Commonwealth, a State or a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant identifying information for an individual means the following:\n\n (a) the individual’s name, contact details, date of birth, gender and Indigenous status;\n (b) the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) (if any);\n (c) the individual’s healthcare identifier (if any);\n (d) 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;\n (e) any other information of a kind prescribed by the rules for the purposes of this definition that identifies the individual.\n\n> relevant vaccination means a vaccination administered:\n\n (a) in Australia; or\n (b) outside Australia, if information about the vaccination is given to a recognised vaccination provider.\n\n> rules means the rules made under section 31.\n\n> Secretary means the Secretary of the Department.\n\n> 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.\n\n> Note: 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).\n\n#### 5 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n#### 5A Meaning of provider identification information\n\n 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:\n (a) the provider’s name and contact details;\n (b) 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;\n (c) if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.\n\n#### 5B Meaning of healthcare identifier information\n\n (1) Each of the following is healthcare identifier information for a person:\n (a) if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;\n (b) 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.\n (2) In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:\n (a) healthcare provider;\n (b) healthcare provider organisation;\n (c) individual healthcare provider;\n (d) linked.\n\n#### 6 Act binds the Crown\n\n 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.\n\n## Part 2—Australian Immunisation Register\n\n### Division 1—Simplified outline\n\n#### 7 Simplified outline of this Part\n\nThe Australian Immunisation Register is established to keep information about vaccinations of individuals.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nRecognised 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.\n\nA 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.\n\nIndividuals 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.\n\nPayments relating to vaccinations may be made on behalf of the Commonwealth.\n\n### Division 2—Establishment, contents and purposes\n\n#### 8 Establishment of the register\n\n (1) The Commonwealth must establish and keep a register to be called the Australian Immunisation Register.\n (2) Parts of the register may be kept separate from each other, and be called different names.\n\n> Note: 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.\n\n (3) The register is not a legislative instrument.\n\n#### 9 Contents of the register\n\n The AI register may include the following:\n (a) relevant identifying information for each individual who has, or could have, a relevant vaccination;\n (b) information provided by a recognised vaccination provider about each relevant vaccination, including:\n (i) the day of the vaccination; and\n (ii) information about the vaccine administered; and\n (iii) if the vaccine was administered in Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who administered the vaccine; and\n (iv) 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;\n (c) 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:\n (i) not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or\n (ii) having a medical contraindication to a vaccine, and as a result should not receive a vaccination;\n (d) information about each of those assessments, including:\n (i) the day of the assessment; and\n (ii) information about the vaccine relevant to the assessment; and\n (iii) 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\n (iv) 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;\n (e) other information relating to vaccinations of individuals.\n\n#### 10 Purposes of the register\n\n (1) The purposes of the AI register are to facilitate the following:\n (a) establishing and keeping an electronic database of records relating to vaccinations of individuals;\n (b) collecting, analysing and publishing statistics, and other information, about vaccination coverage across Australia and parts of Australia;\n (c) monitoring vaccination coverage across Australia and parts of Australia;\n (d) monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases;\n (e) identifying any parts of Australia at risk during disease outbreaks because of the number of unvaccinated individuals in those parts;\n (f) checking an individual’s vaccination status by that individual or by a recognised vaccination provider;\n (g) checking an individual’s vaccination status:\n (i) by (or on behalf of) the Commonwealth; and\n (ii) to the extent that this is necessary for determining eligibility for family assistance;\n (h) advising an individual when he or she is, or was, due to receive doses of a vaccine;\n (i) certifying when a course of vaccination has been completed;\n (j) promoting individuals’ health and well‑being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers;\n (k) payments relating to vaccinations;\n (l) research relating to vaccinations;\n (m) anything incidental to any of the above paragraphs.\n (2) For an individual who is incapable of managing his or her health affairs:\n (a) paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal personal representative of the individual; and\n (b) paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information to, a legal personal representative of the individual.\n\n### Division 2A—Reporting obligation etc.\n\n#### 10A Requirement to report information relating to certain relevant vaccinations\n\n Relevant vaccination administered in Australia\n (1) If:\n (a) a recognised vaccination provider administers a relevant vaccination in Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) is administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (2) Subsection (1) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Relevant vaccination administered outside Australia\n (3) If:\n (a) a recognised vaccination provider is given information about a relevant vaccination that was administered outside Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) was administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (4) Subsection (3) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Civil penalty provision etc.\n (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).\n\nCivil penalty: 30 penalty units.\n\n (6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.\n\n#### 10B Secretary may require recognised vaccination provider to give information\n\n (1) If the Secretary reasonably believes that a recognised vaccination provider is not complying with subsection 10A(1) or (3), the Secretary may, by written notice, require the provider to give, within the period specified in the notice and in the manner specified in the notice, information relating to that non‑compliance.\n (2) The period specified in the notice must not be shorter than 14 days after the notice is given.\n (3) A person is liable to a civil penalty if the person fails to comply with a notice given to the person under subsection (1).\n\nCivil penalty: 30 penalty units.\n\n#### 10C Secretary may give formal warning to recognised vaccination provider\n\n If the Secretary reasonably believes that a recognised vaccination provider may have contravened subsection 10A(1) or (3), the Secretary may, by written notice given to the provider:\n (a) inform the provider of that matter; and\n (b) warn the provider that the provider may be liable to a civil penalty under subsection 10A(5).\n\n### Division 3—Requests about personal information in the register\n\n#### 11 Requests about personal information in the register\n\n (1) An individual may, in the approved form, request that the individual not be given by (or on behalf of) the Commonwealth:\n (a) any advice of a kind referred to in paragraph 10(1)(h); or\n (b) any certification of a kind referred to in paragraph 10(1)(i); or\n (c) any information of a kind referred to in paragraph 10(1)(j).\n\n> Note: The request could be made by a legal personal representative of an individual who is incapable of managing his or her health affairs (see subsection 10(2)).\n\n (2) An individual may, in the approved form, request that personal information on the AI register relating to or identifying:\n (a) the individual; or\n (b) if the individual is a legal personal representative of another individual who is incapable of managing his or her health affairs—that other individual;\n not be disclosed from the AI register for one or more purposes of the AI register.\n (3) The Commonwealth must comply with a request under this section as soon as practicable.\n\n### Division 4—Payments relating to the register\n\n#### 12 Payments relating to vaccinations\n\n (1) The Minister may, on behalf of the Commonwealth, make a payment to a recognised vaccination provider in relation to:\n (a) the provider’s administrative costs incurred in reporting information for inclusion in the AI register; or\n (b) the provider:\n (i) identifying an individual who is overdue for a relevant vaccination; and\n (ii) administering the vaccination; and\n (iii) reporting information about the vaccination for inclusion in the AI register.\n (2) The Minister may, on behalf of the Commonwealth, make a payment:\n (a) for the purposes of the AI register; and\n (b) in circumstances of a kind prescribed by the rules for the purposes of this subsection.\n\n### Division 5—Alternative constitutional bases\n\n#### 13 Alternative constitutional bases\n\n (1) Without limiting its effect apart from this section, this Act also has the effect it would have if the purposes of the AI register were, by express provision, confined to purposes relating to:\n (a) the provision of pharmaceutical benefits; or\n (b) the provision of medical services (without any form of civil conscription); or\n (c) census or statistics; or\n (d) external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (e) a Territory or a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (f) the implied power of the Parliament to make laws with respect to nationhood; or\n (g) the executive power of the Commonwealth; or\n (h) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.\n\n## Part 4—Dealing with protected information in the register\n\n#### 21 Simplified outline of this Part\n\nInformation can be collected for inclusion in the AI register.\n\nSection 23 makes it an offence if a person, while unauthorised to do so, discloses or uses protected information.\n\nThe main authorisation relates to disclosure or use for the purposes of the register. There are also a number of exceptions to the offence.\n\n#### 22 Authorised dealings with protected information\n\n Uploading personal information etc. to the AI register\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) relevant identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including the information in the AI register.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Using or disclosing protected information in the AI register\n (2) A person may make a record of, disclose or otherwise use protected information if:\n (a) the person does so for the purposes of the AI register, and the person is:\n (i) an officer or employee of the Commonwealth or of an authority of the Commonwealth; or\n (ii) engaged by the Commonwealth, or by an authority of the Commonwealth, to perform work relating to the purposes of the AI register; or\n (iii) an officer or employee of, or is engaged by, a person referred to in subparagraph (ii) to perform work relating to the purposes of the AI register; or\n (iv) a prescribed body; or\n (v) a recognised vaccination provider; or\n (b) the person is authorised to do so under subsection (3); or\n (c) the person does so for the purposes of performing the person’s functions, or exercising the person’s powers, under this Act; or\n (ca) the person does so for the purposes of including information in the register kept under Part 2 of the National Cancer Screening Register Act 2016; or\n (d) the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory; or\n (e) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (f) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Protected information is not limited to information in the register (see section 4). It can also cover information that:\n\n (a) is obtained as the result of a disclosure from the register, whether directly or indirectly because of one or more on‑disclosures; or\n (b) is derived from information that was in the register.\n (3) The Minister may, in writing, authorise a person to make a record of, disclose or otherwise use protected information for a specified purpose that the Minister is satisfied is in the public interest.\n (4) Paragraph (2)(a) does not apply to personal information to the extent that a disclosure under that paragraph would be contrary to a request in force under subsection 11(2).\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person makes a record of, discloses or otherwise uses the information; and\n (d) the making of the record, or the disclosure or use, is not authorised by section 22.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exception for use in good faith\n\n Section 23 does not apply to a person to the extent that the person makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with section 22.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 25 Exception if unaware information is commercial‑in‑confidence\n\n Section 23 does not apply to a person if:\n (a) the person makes a record of, discloses or otherwise uses protected information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates includes a reference to the person’s legal personal representative if the person is incapable of managing his or her health affairs.\n\n#### 27 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n## Part 5—Other matters\n\n#### 28 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, delegations and rules.\n\n#### 28A Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Secretary;\n (b) an SES employee, or an acting SES employee, in the Department.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n\n#### 29 Approved forms\n\n (1) The Minister may, in writing, approve a form for the purposes of a provision of this Act.\n (2) A request required by a provision of this Act to be in the approved form must be given to the person specified in the form for that purpose.\n\n#### 30 Delegation\n\n Delegation by the Minister\n (1) The Minister may, in writing, delegate his or her functions or powers under subsection 22(3) (about authorising disclosures etc.) to:\n (a) a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Department; or\n (b) the Chief Executive Medicare.\n (2) The Minister may, in writing, delegate his or her functions or powers under:\n (a) section 5 (about commercial‑in‑confidence information); or\n (b) section 12 (about payments relating to vaccinations); or\n (c) section 29 (about approved forms);\n to an SES employee, or an acting SES employee, in the Department or to the Chief Executive Medicare.\n (3) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Minister.\n Delegation by the Secretary\n (4) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 10B or 10C of this Act to an SES employee, or an acting SES employee, in the Department.\n (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 31 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 7 Simplified outline of this Part\n\nThe Australian Immunisation Register is established to keep information about vaccinations of individuals.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nRecognised 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.\n\nA 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.\n\nIndividuals 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.\n\nPayments relating to vaccinations may be made on behalf of the Commonwealth.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Establishment, contents and purposes","content":"An Act to establish and provide for an immunisation register, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Immunisation Register Act 2015.\n\n#### 2 Commencement\n\n (1) 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

1 January 2016.

1 January 2016

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Simplified outline of this Act\n\nThis Act establishes a register of information about vaccinations.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nSensitive information in the register is protected.\n\n#### 4 Definitions\n\n In this Act:\n\n> AI register means the Australian Immunisation Register.\n\n> approved form means a form approved under subsection 29(1).\n\n> arrangement includes a contract or deed.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 5.\n\n> family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.\n\n> general practitioner has the same meaning as in the Health Insurance Act 1973.\n\n> healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.\n\n> healthcare identifier information for a person has the meaning given by section 5B.\n\n> legal personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is under the age of 18 years; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> 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.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> prescribed body means a person prescribed by the rules for the purposes of this definition.\n\n> protected information means personal information, relevant identifying information or information that is commercial‑in‑confidence, to the extent that this information:\n\n (a) is obtained under, or in accordance with, this Act; or\n (b) is derived from a record of information that was made under, or in accordance with, this Act; or\n (c) is derived from a disclosure or use of information that was made under, or in accordance with, this Act.\n\n> provider identification information has the meaning given by section 5A.\n\n> purposes of the AI register means the purposes set out in section 10.\n\n> recognised vaccination provider means:\n\n (a) a general practitioner; or\n (b) an individual, or body, endorsed to administer vaccines in Australia, if the endorsement:\n (i) is for purposes that include the purposes of the AI register; and\n (ii) is by the Commonwealth, a State or a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant identifying information for an individual means the following:\n\n (a) the individual’s name, contact details, date of birth, gender and Indigenous status;\n (b) the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) (if any);\n (c) the individual’s healthcare identifier (if any);\n (d) 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;\n (e) any other information of a kind prescribed by the rules for the purposes of this definition that identifies the individual.\n\n> relevant vaccination means a vaccination administered:\n\n (a) in Australia; or\n (b) outside Australia, if information about the vaccination is given to a recognised vaccination provider.\n\n> rules means the rules made under section 31.\n\n> Secretary means the Secretary of the Department.\n\n> 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.\n\n> Note: 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).\n\n#### 5 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n#### 5A Meaning of provider identification information\n\n 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:\n (a) the provider’s name and contact details;\n (b) 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;\n (c) if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.\n\n#### 5B Meaning of healthcare identifier information\n\n (1) Each of the following is healthcare identifier information for a person:\n (a) if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;\n (b) 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.\n (2) In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:\n (a) healthcare provider;\n (b) healthcare provider organisation;\n (c) individual healthcare provider;\n (d) linked.\n\n#### 6 Act binds the Crown\n\n 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.\n\n## Part 2—Australian Immunisation Register\n\n### Division 1—Simplified outline\n\n#### 7 Simplified outline of this Part\n\nThe Australian Immunisation Register is established to keep information about vaccinations of individuals.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nRecognised 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.\n\nA 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.\n\nIndividuals 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.\n\nPayments relating to vaccinations may be made on behalf of the Commonwealth.\n\n### Division 2—Establishment, contents and purposes\n\n#### 8 Establishment of the register\n\n (1) The Commonwealth must establish and keep a register to be called the Australian Immunisation Register.\n (2) Parts of the register may be kept separate from each other, and be called different names.\n\n> Note: 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.\n\n (3) The register is not a legislative instrument.\n\n#### 9 Contents of the register\n\n The AI register may include the following:\n (a) relevant identifying information for each individual who has, or could have, a relevant vaccination;\n (b) information provided by a recognised vaccination provider about each relevant vaccination, including:\n (i) the day of the vaccination; and\n (ii) information about the vaccine administered; and\n (iii) if the vaccine was administered in Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who administered the vaccine; and\n (iv) 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;\n (c) 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:\n (i) not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or\n (ii) having a medical contraindication to a vaccine, and as a result should not receive a vaccination;\n (d) information about each of those assessments, including:\n (i) the day of the assessment; and\n (ii) information about the vaccine relevant to the assessment; and\n (iii) 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\n (iv) 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;\n (e) other information relating to vaccinations of individuals.\n\n#### 10 Purposes of the register\n\n (1) The purposes of the AI register are to facilitate the following:\n (a) establishing and keeping an electronic database of records relating to vaccinations of individuals;\n (b) collecting, analysing and publishing statistics, and other information, about vaccination coverage across Australia and parts of Australia;\n (c) monitoring vaccination coverage across Australia and parts of Australia;\n (d) monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases;\n (e) identifying any parts of Australia at risk during disease outbreaks because of the number of unvaccinated individuals in those parts;\n (f) checking an individual’s vaccination status by that individual or by a recognised vaccination provider;\n (g) checking an individual’s vaccination status:\n (i) by (or on behalf of) the Commonwealth; and\n (ii) to the extent that this is necessary for determining eligibility for family assistance;\n (h) advising an individual when he or she is, or was, due to receive doses of a vaccine;\n (i) certifying when a course of vaccination has been completed;\n (j) promoting individuals’ health and well‑being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers;\n (k) payments relating to vaccinations;\n (l) research relating to vaccinations;\n (m) anything incidental to any of the above paragraphs.\n (2) For an individual who is incapable of managing his or her health affairs:\n (a) paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal personal representative of the individual; and\n (b) paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information to, a legal personal representative of the individual.\n\n### Division 2A—Reporting obligation etc.\n\n#### 10A Requirement to report information relating to certain relevant vaccinations\n\n Relevant vaccination administered in Australia\n (1) If:\n (a) a recognised vaccination provider administers a relevant vaccination in Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) is administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (2) Subsection (1) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Relevant vaccination administered outside Australia\n (3) If:\n (a) a recognised vaccination provider is given information about a relevant vaccination that was administered outside Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) was administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (4) Subsection (3) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Civil penalty provision etc.\n (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).\n\nCivil penalty: 30 penalty units.\n\n (6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.\n\n#### 10B Secretary may require recognised vaccination provider to give information\n\n (1) If the Secretary reasonably believes that a recognised vaccination provider is not complying with subsection 10A(1) or (3), the Secretary may, by written notice, require the provider to give, within the period specified in the notice and in the manner specified in the notice, information relating to that non‑compliance.\n (2) The period specified in the notice must not be shorter than 14 days after the notice is given.\n (3) A person is liable to a civil penalty if the person fails to comply with a notice given to the person under subsection (1).\n\nCivil penalty: 30 penalty units.\n\n#### 10C Secretary may give formal warning to recognised vaccination provider\n\n If the Secretary reasonably believes that a recognised vaccination provider may have contravened subsection 10A(1) or (3), the Secretary may, by written notice given to the provider:\n (a) inform the provider of that matter; and\n (b) warn the provider that the provider may be liable to a civil penalty under subsection 10A(5).\n\n### Division 3—Requests about personal information in the register\n\n#### 11 Requests about personal information in the register\n\n (1) An individual may, in the approved form, request that the individual not be given by (or on behalf of) the Commonwealth:\n (a) any advice of a kind referred to in paragraph 10(1)(h); or\n (b) any certification of a kind referred to in paragraph 10(1)(i); or\n (c) any information of a kind referred to in paragraph 10(1)(j).\n\n> Note: The request could be made by a legal personal representative of an individual who is incapable of managing his or her health affairs (see subsection 10(2)).\n\n (2) An individual may, in the approved form, request that personal information on the AI register relating to or identifying:\n (a) the individual; or\n (b) if the individual is a legal personal representative of another individual who is incapable of managing his or her health affairs—that other individual;\n not be disclosed from the AI register for one or more purposes of the AI register.\n (3) The Commonwealth must comply with a request under this section as soon as practicable.\n\n### Division 4—Payments relating to the register\n\n#### 12 Payments relating to vaccinations\n\n (1) The Minister may, on behalf of the Commonwealth, make a payment to a recognised vaccination provider in relation to:\n (a) the provider’s administrative costs incurred in reporting information for inclusion in the AI register; or\n (b) the provider:\n (i) identifying an individual who is overdue for a relevant vaccination; and\n (ii) administering the vaccination; and\n (iii) reporting information about the vaccination for inclusion in the AI register.\n (2) The Minister may, on behalf of the Commonwealth, make a payment:\n (a) for the purposes of the AI register; and\n (b) in circumstances of a kind prescribed by the rules for the purposes of this subsection.\n\n### Division 5—Alternative constitutional bases\n\n#### 13 Alternative constitutional bases\n\n (1) Without limiting its effect apart from this section, this Act also has the effect it would have if the purposes of the AI register were, by express provision, confined to purposes relating to:\n (a) the provision of pharmaceutical benefits; or\n (b) the provision of medical services (without any form of civil conscription); or\n (c) census or statistics; or\n (d) external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (e) a Territory or a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (f) the implied power of the Parliament to make laws with respect to nationhood; or\n (g) the executive power of the Commonwealth; or\n (h) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.\n\n## Part 4—Dealing with protected information in the register\n\n#### 21 Simplified outline of this Part\n\nInformation can be collected for inclusion in the AI register.\n\nSection 23 makes it an offence if a person, while unauthorised to do so, discloses or uses protected information.\n\nThe main authorisation relates to disclosure or use for the purposes of the register. There are also a number of exceptions to the offence.\n\n#### 22 Authorised dealings with protected information\n\n Uploading personal information etc. to the AI register\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) relevant identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including the information in the AI register.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Using or disclosing protected information in the AI register\n (2) A person may make a record of, disclose or otherwise use protected information if:\n (a) the person does so for the purposes of the AI register, and the person is:\n (i) an officer or employee of the Commonwealth or of an authority of the Commonwealth; or\n (ii) engaged by the Commonwealth, or by an authority of the Commonwealth, to perform work relating to the purposes of the AI register; or\n (iii) an officer or employee of, or is engaged by, a person referred to in subparagraph (ii) to perform work relating to the purposes of the AI register; or\n (iv) a prescribed body; or\n (v) a recognised vaccination provider; or\n (b) the person is authorised to do so under subsection (3); or\n (c) the person does so for the purposes of performing the person’s functions, or exercising the person’s powers, under this Act; or\n (ca) the person does so for the purposes of including information in the register kept under Part 2 of the National Cancer Screening Register Act 2016; or\n (d) the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory; or\n (e) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (f) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Protected information is not limited to information in the register (see section 4). It can also cover information that:\n\n (a) is obtained as the result of a disclosure from the register, whether directly or indirectly because of one or more on‑disclosures; or\n (b) is derived from information that was in the register.\n (3) The Minister may, in writing, authorise a person to make a record of, disclose or otherwise use protected information for a specified purpose that the Minister is satisfied is in the public interest.\n (4) Paragraph (2)(a) does not apply to personal information to the extent that a disclosure under that paragraph would be contrary to a request in force under subsection 11(2).\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person makes a record of, discloses or otherwise uses the information; and\n (d) the making of the record, or the disclosure or use, is not authorised by section 22.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exception for use in good faith\n\n Section 23 does not apply to a person to the extent that the person makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with section 22.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 25 Exception if unaware information is commercial‑in‑confidence\n\n Section 23 does not apply to a person if:\n (a) the person makes a record of, discloses or otherwise uses protected information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates includes a reference to the person’s legal personal representative if the person is incapable of managing his or her health affairs.\n\n#### 27 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n## Part 5—Other matters\n\n#### 28 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, delegations and rules.\n\n#### 28A Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Secretary;\n (b) an SES employee, or an acting SES employee, in the Department.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n\n#### 29 Approved forms\n\n (1) The Minister may, in writing, approve a form for the purposes of a provision of this Act.\n (2) A request required by a provision of this Act to be in the approved form must be given to the person specified in the form for that purpose.\n\n#### 30 Delegation\n\n Delegation by the Minister\n (1) The Minister may, in writing, delegate his or her functions or powers under subsection 22(3) (about authorising disclosures etc.) to:\n (a) a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Department; or\n (b) the Chief Executive Medicare.\n (2) The Minister may, in writing, delegate his or her functions or powers under:\n (a) section 5 (about commercial‑in‑confidence information); or\n (b) section 12 (about payments relating to vaccinations); or\n (c) section 29 (about approved forms);\n to an SES employee, or an acting SES employee, in the Department or to the Chief Executive Medicare.\n (3) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Minister.\n Delegation by the Secretary\n (4) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 10B or 10C of this Act to an SES employee, or an acting SES employee, in the Department.\n (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 31 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Establishment of the register","content":"#### 8 Establishment of the register\n\n (1) The Commonwealth must establish and keep a register to be called the Australian Immunisation Register.\n (2) Parts of the register may be kept separate from each other, and be called different names.\n\n> Note: 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.\n\n (3) The register is not a legislative instrument.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Contents of the register","content":"#### 9 Contents of the register\n\n The AI register may include the following:\n (a) relevant identifying information for each individual who has, or could have, a relevant vaccination;\n (b) information provided by a recognised vaccination provider about each relevant vaccination, including:\n (i) the day of the vaccination; and\n (ii) information about the vaccine administered; and\n (iii) if the vaccine was administered in Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who administered the vaccine; and\n (iv) 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;\n (c) 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:\n (i) not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or\n (ii) having a medical contraindication to a vaccine, and as a result should not receive a vaccination;\n (d) information about each of those assessments, including:\n (i) the day of the assessment; and\n (ii) information about the vaccine relevant to the assessment; and\n (iii) 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\n (iv) 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;\n (e) other information relating to vaccinations of individuals.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Purposes of the register","content":"#### 10 Purposes of the register\n\n (1) The purposes of the AI register are to facilitate the following:\n (a) establishing and keeping an electronic database of records relating to vaccinations of individuals;\n (b) collecting, analysing and publishing statistics, and other information, about vaccination coverage across Australia and parts of Australia;\n (c) monitoring vaccination coverage across Australia and parts of Australia;\n (d) monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases;\n (e) identifying any parts of Australia at risk during disease outbreaks because of the number of unvaccinated individuals in those parts;\n (f) checking an individual’s vaccination status by that individual or by a recognised vaccination provider;\n (g) checking an individual’s vaccination status:\n (i) by (or on behalf of) the Commonwealth; and\n (ii) to the extent that this is necessary for determining eligibility for family assistance;\n (h) advising an individual when he or she is, or was, due to receive doses of a vaccine;\n (i) certifying when a course of vaccination has been completed;\n (j) promoting individuals’ health and well‑being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers;\n (k) payments relating to vaccinations;\n (l) research relating to vaccinations;\n (m) anything incidental to any of the above paragraphs.\n (2) For an individual who is incapable of managing his or her health affairs:\n (a) paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal personal representative of the individual; and\n (b) paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information to, a legal personal representative of the individual.","sortOrder":15},{"sectionNumber":"Division 2A","sectionType":"division","heading":"Reporting obligation etc.","content":"An Act to establish and provide for an immunisation register, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Immunisation Register Act 2015.\n\n#### 2 Commencement\n\n (1) 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

1 January 2016.

1 January 2016

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Simplified outline of this Act\n\nThis Act establishes a register of information about vaccinations.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nSensitive information in the register is protected.\n\n#### 4 Definitions\n\n In this Act:\n\n> AI register means the Australian Immunisation Register.\n\n> approved form means a form approved under subsection 29(1).\n\n> arrangement includes a contract or deed.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 5.\n\n> family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.\n\n> general practitioner has the same meaning as in the Health Insurance Act 1973.\n\n> healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.\n\n> healthcare identifier information for a person has the meaning given by section 5B.\n\n> legal personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is under the age of 18 years; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> 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.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> prescribed body means a person prescribed by the rules for the purposes of this definition.\n\n> protected information means personal information, relevant identifying information or information that is commercial‑in‑confidence, to the extent that this information:\n\n (a) is obtained under, or in accordance with, this Act; or\n (b) is derived from a record of information that was made under, or in accordance with, this Act; or\n (c) is derived from a disclosure or use of information that was made under, or in accordance with, this Act.\n\n> provider identification information has the meaning given by section 5A.\n\n> purposes of the AI register means the purposes set out in section 10.\n\n> recognised vaccination provider means:\n\n (a) a general practitioner; or\n (b) an individual, or body, endorsed to administer vaccines in Australia, if the endorsement:\n (i) is for purposes that include the purposes of the AI register; and\n (ii) is by the Commonwealth, a State or a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant identifying information for an individual means the following:\n\n (a) the individual’s name, contact details, date of birth, gender and Indigenous status;\n (b) the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) (if any);\n (c) the individual’s healthcare identifier (if any);\n (d) 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;\n (e) any other information of a kind prescribed by the rules for the purposes of this definition that identifies the individual.\n\n> relevant vaccination means a vaccination administered:\n\n (a) in Australia; or\n (b) outside Australia, if information about the vaccination is given to a recognised vaccination provider.\n\n> rules means the rules made under section 31.\n\n> Secretary means the Secretary of the Department.\n\n> 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.\n\n> Note: 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).\n\n#### 5 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n#### 5A Meaning of provider identification information\n\n 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:\n (a) the provider’s name and contact details;\n (b) 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;\n (c) if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.\n\n#### 5B Meaning of healthcare identifier information\n\n (1) Each of the following is healthcare identifier information for a person:\n (a) if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;\n (b) 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.\n (2) In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:\n (a) healthcare provider;\n (b) healthcare provider organisation;\n (c) individual healthcare provider;\n (d) linked.\n\n#### 6 Act binds the Crown\n\n 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.\n\n## Part 2—Australian Immunisation Register\n\n### Division 1—Simplified outline\n\n#### 7 Simplified outline of this Part\n\nThe Australian Immunisation Register is established to keep information about vaccinations of individuals.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nRecognised 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.\n\nA 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.\n\nIndividuals 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.\n\nPayments relating to vaccinations may be made on behalf of the Commonwealth.\n\n### Division 2—Establishment, contents and purposes\n\n#### 8 Establishment of the register\n\n (1) The Commonwealth must establish and keep a register to be called the Australian Immunisation Register.\n (2) Parts of the register may be kept separate from each other, and be called different names.\n\n> Note: 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.\n\n (3) The register is not a legislative instrument.\n\n#### 9 Contents of the register\n\n The AI register may include the following:\n (a) relevant identifying information for each individual who has, or could have, a relevant vaccination;\n (b) information provided by a recognised vaccination provider about each relevant vaccination, including:\n (i) the day of the vaccination; and\n (ii) information about the vaccine administered; and\n (iii) if the vaccine was administered in Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who administered the vaccine; and\n (iv) 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;\n (c) 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:\n (i) not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or\n (ii) having a medical contraindication to a vaccine, and as a result should not receive a vaccination;\n (d) information about each of those assessments, including:\n (i) the day of the assessment; and\n (ii) information about the vaccine relevant to the assessment; and\n (iii) 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\n (iv) 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;\n (e) other information relating to vaccinations of individuals.\n\n#### 10 Purposes of the register\n\n (1) The purposes of the AI register are to facilitate the following:\n (a) establishing and keeping an electronic database of records relating to vaccinations of individuals;\n (b) collecting, analysing and publishing statistics, and other information, about vaccination coverage across Australia and parts of Australia;\n (c) monitoring vaccination coverage across Australia and parts of Australia;\n (d) monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases;\n (e) identifying any parts of Australia at risk during disease outbreaks because of the number of unvaccinated individuals in those parts;\n (f) checking an individual’s vaccination status by that individual or by a recognised vaccination provider;\n (g) checking an individual’s vaccination status:\n (i) by (or on behalf of) the Commonwealth; and\n (ii) to the extent that this is necessary for determining eligibility for family assistance;\n (h) advising an individual when he or she is, or was, due to receive doses of a vaccine;\n (i) certifying when a course of vaccination has been completed;\n (j) promoting individuals’ health and well‑being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers;\n (k) payments relating to vaccinations;\n (l) research relating to vaccinations;\n (m) anything incidental to any of the above paragraphs.\n (2) For an individual who is incapable of managing his or her health affairs:\n (a) paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal personal representative of the individual; and\n (b) paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information to, a legal personal representative of the individual.\n\n### Division 2A—Reporting obligation etc.\n\n#### 10A Requirement to report information relating to certain relevant vaccinations\n\n Relevant vaccination administered in Australia\n (1) If:\n (a) a recognised vaccination provider administers a relevant vaccination in Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) is administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (2) Subsection (1) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Relevant vaccination administered outside Australia\n (3) If:\n (a) a recognised vaccination provider is given information about a relevant vaccination that was administered outside Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) was administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (4) Subsection (3) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Civil penalty provision etc.\n (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).\n\nCivil penalty: 30 penalty units.\n\n (6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.\n\n#### 10B Secretary may require recognised vaccination provider to give information\n\n (1) If the Secretary reasonably believes that a recognised vaccination provider is not complying with subsection 10A(1) or (3), the Secretary may, by written notice, require the provider to give, within the period specified in the notice and in the manner specified in the notice, information relating to that non‑compliance.\n (2) The period specified in the notice must not be shorter than 14 days after the notice is given.\n (3) A person is liable to a civil penalty if the person fails to comply with a notice given to the person under subsection (1).\n\nCivil penalty: 30 penalty units.\n\n#### 10C Secretary may give formal warning to recognised vaccination provider\n\n If the Secretary reasonably believes that a recognised vaccination provider may have contravened subsection 10A(1) or (3), the Secretary may, by written notice given to the provider:\n (a) inform the provider of that matter; and\n (b) warn the provider that the provider may be liable to a civil penalty under subsection 10A(5).\n\n### Division 3—Requests about personal information in the register\n\n#### 11 Requests about personal information in the register\n\n (1) An individual may, in the approved form, request that the individual not be given by (or on behalf of) the Commonwealth:\n (a) any advice of a kind referred to in paragraph 10(1)(h); or\n (b) any certification of a kind referred to in paragraph 10(1)(i); or\n (c) any information of a kind referred to in paragraph 10(1)(j).\n\n> Note: The request could be made by a legal personal representative of an individual who is incapable of managing his or her health affairs (see subsection 10(2)).\n\n (2) An individual may, in the approved form, request that personal information on the AI register relating to or identifying:\n (a) the individual; or\n (b) if the individual is a legal personal representative of another individual who is incapable of managing his or her health affairs—that other individual;\n not be disclosed from the AI register for one or more purposes of the AI register.\n (3) The Commonwealth must comply with a request under this section as soon as practicable.\n\n### Division 4—Payments relating to the register\n\n#### 12 Payments relating to vaccinations\n\n (1) The Minister may, on behalf of the Commonwealth, make a payment to a recognised vaccination provider in relation to:\n (a) the provider’s administrative costs incurred in reporting information for inclusion in the AI register; or\n (b) the provider:\n (i) identifying an individual who is overdue for a relevant vaccination; and\n (ii) administering the vaccination; and\n (iii) reporting information about the vaccination for inclusion in the AI register.\n (2) The Minister may, on behalf of the Commonwealth, make a payment:\n (a) for the purposes of the AI register; and\n (b) in circumstances of a kind prescribed by the rules for the purposes of this subsection.\n\n### Division 5—Alternative constitutional bases\n\n#### 13 Alternative constitutional bases\n\n (1) Without limiting its effect apart from this section, this Act also has the effect it would have if the purposes of the AI register were, by express provision, confined to purposes relating to:\n (a) the provision of pharmaceutical benefits; or\n (b) the provision of medical services (without any form of civil conscription); or\n (c) census or statistics; or\n (d) external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (e) a Territory or a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (f) the implied power of the Parliament to make laws with respect to nationhood; or\n (g) the executive power of the Commonwealth; or\n (h) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.\n\n## Part 4—Dealing with protected information in the register\n\n#### 21 Simplified outline of this Part\n\nInformation can be collected for inclusion in the AI register.\n\nSection 23 makes it an offence if a person, while unauthorised to do so, discloses or uses protected information.\n\nThe main authorisation relates to disclosure or use for the purposes of the register. There are also a number of exceptions to the offence.\n\n#### 22 Authorised dealings with protected information\n\n Uploading personal information etc. to the AI register\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) relevant identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including the information in the AI register.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Using or disclosing protected information in the AI register\n (2) A person may make a record of, disclose or otherwise use protected information if:\n (a) the person does so for the purposes of the AI register, and the person is:\n (i) an officer or employee of the Commonwealth or of an authority of the Commonwealth; or\n (ii) engaged by the Commonwealth, or by an authority of the Commonwealth, to perform work relating to the purposes of the AI register; or\n (iii) an officer or employee of, or is engaged by, a person referred to in subparagraph (ii) to perform work relating to the purposes of the AI register; or\n (iv) a prescribed body; or\n (v) a recognised vaccination provider; or\n (b) the person is authorised to do so under subsection (3); or\n (c) the person does so for the purposes of performing the person’s functions, or exercising the person’s powers, under this Act; or\n (ca) the person does so for the purposes of including information in the register kept under Part 2 of the National Cancer Screening Register Act 2016; or\n (d) the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory; or\n (e) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (f) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Protected information is not limited to information in the register (see section 4). It can also cover information that:\n\n (a) is obtained as the result of a disclosure from the register, whether directly or indirectly because of one or more on‑disclosures; or\n (b) is derived from information that was in the register.\n (3) The Minister may, in writing, authorise a person to make a record of, disclose or otherwise use protected information for a specified purpose that the Minister is satisfied is in the public interest.\n (4) Paragraph (2)(a) does not apply to personal information to the extent that a disclosure under that paragraph would be contrary to a request in force under subsection 11(2).\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person makes a record of, discloses or otherwise uses the information; and\n (d) the making of the record, or the disclosure or use, is not authorised by section 22.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exception for use in good faith\n\n Section 23 does not apply to a person to the extent that the person makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with section 22.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 25 Exception if unaware information is commercial‑in‑confidence\n\n Section 23 does not apply to a person if:\n (a) the person makes a record of, discloses or otherwise uses protected information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates includes a reference to the person’s legal personal representative if the person is incapable of managing his or her health affairs.\n\n#### 27 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n## Part 5—Other matters\n\n#### 28 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, delegations and rules.\n\n#### 28A Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Secretary;\n (b) an SES employee, or an acting SES employee, in the Department.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n\n#### 29 Approved forms\n\n (1) The Minister may, in writing, approve a form for the purposes of a provision of this Act.\n (2) A request required by a provision of this Act to be in the approved form must be given to the person specified in the form for that purpose.\n\n#### 30 Delegation\n\n Delegation by the Minister\n (1) The Minister may, in writing, delegate his or her functions or powers under subsection 22(3) (about authorising disclosures etc.) to:\n (a) a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Department; or\n (b) the Chief Executive Medicare.\n (2) The Minister may, in writing, delegate his or her functions or powers under:\n (a) section 5 (about commercial‑in‑confidence information); or\n (b) section 12 (about payments relating to vaccinations); or\n (c) section 29 (about approved forms);\n to an SES employee, or an acting SES employee, in the Department or to the Chief Executive Medicare.\n (3) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Minister.\n Delegation by the Secretary\n (4) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 10B or 10C of this Act to an SES employee, or an acting SES employee, in the Department.\n (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 31 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":16},{"sectionNumber":"10A","sectionType":"section","heading":"Requirement to report information relating to certain relevant vaccinations","content":"#### 10A Requirement to report information relating to certain relevant vaccinations\n\n Relevant vaccination administered in Australia\n (1) If:\n (a) a recognised vaccination provider administers a relevant vaccination in Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) is administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (2) Subsection (1) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Relevant vaccination administered outside Australia\n (3) If:\n (a) a recognised vaccination provider is given information about a relevant vaccination that was administered outside Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) was administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (4) Subsection (3) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Civil penalty provision etc.\n (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).\n\nCivil penalty: 30 penalty units.\n\n (6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.","sortOrder":17},{"sectionNumber":"10B","sectionType":"section","heading":"Secretary may require recognised vaccination provider to give information","content":"#### 10B Secretary may require recognised vaccination provider to give information\n\n (1) If the Secretary reasonably believes that a recognised vaccination provider is not complying with subsection 10A(1) or (3), the Secretary may, by written notice, require the provider to give, within the period specified in the notice and in the manner specified in the notice, information relating to that non‑compliance.\n (2) The period specified in the notice must not be shorter than 14 days after the notice is given.\n (3) A person is liable to a civil penalty if the person fails to comply with a notice given to the person under subsection (1).\n\nCivil penalty: 30 penalty units.","sortOrder":18},{"sectionNumber":"10C","sectionType":"section","heading":"Secretary may give formal warning to recognised vaccination provider","content":"#### 10C Secretary may give formal warning to recognised vaccination provider\n\n If the Secretary reasonably believes that a recognised vaccination provider may have contravened subsection 10A(1) or (3), the Secretary may, by written notice given to the provider:\n (a) inform the provider of that matter; and\n (b) warn the provider that the provider may be liable to a civil penalty under subsection 10A(5).","sortOrder":19},{"sectionNumber":"Division 3","sectionType":"division","heading":"Requests about personal information in the register","content":"An Act to establish and provide for an immunisation register, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Immunisation Register Act 2015.\n\n#### 2 Commencement\n\n (1) 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

1 January 2016.

1 January 2016

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Simplified outline of this Act\n\nThis Act establishes a register of information about vaccinations.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nSensitive information in the register is protected.\n\n#### 4 Definitions\n\n In this Act:\n\n> AI register means the Australian Immunisation Register.\n\n> approved form means a form approved under subsection 29(1).\n\n> arrangement includes a contract or deed.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 5.\n\n> family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.\n\n> general practitioner has the same meaning as in the Health Insurance Act 1973.\n\n> healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.\n\n> healthcare identifier information for a person has the meaning given by section 5B.\n\n> legal personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is under the age of 18 years; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> 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.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> prescribed body means a person prescribed by the rules for the purposes of this definition.\n\n> protected information means personal information, relevant identifying information or information that is commercial‑in‑confidence, to the extent that this information:\n\n (a) is obtained under, or in accordance with, this Act; or\n (b) is derived from a record of information that was made under, or in accordance with, this Act; or\n (c) is derived from a disclosure or use of information that was made under, or in accordance with, this Act.\n\n> provider identification information has the meaning given by section 5A.\n\n> purposes of the AI register means the purposes set out in section 10.\n\n> recognised vaccination provider means:\n\n (a) a general practitioner; or\n (b) an individual, or body, endorsed to administer vaccines in Australia, if the endorsement:\n (i) is for purposes that include the purposes of the AI register; and\n (ii) is by the Commonwealth, a State or a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant identifying information for an individual means the following:\n\n (a) the individual’s name, contact details, date of birth, gender and Indigenous status;\n (b) the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) (if any);\n (c) the individual’s healthcare identifier (if any);\n (d) 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;\n (e) any other information of a kind prescribed by the rules for the purposes of this definition that identifies the individual.\n\n> relevant vaccination means a vaccination administered:\n\n (a) in Australia; or\n (b) outside Australia, if information about the vaccination is given to a recognised vaccination provider.\n\n> rules means the rules made under section 31.\n\n> Secretary means the Secretary of the Department.\n\n> 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.\n\n> Note: 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).\n\n#### 5 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n#### 5A Meaning of provider identification information\n\n 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:\n (a) the provider’s name and contact details;\n (b) 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;\n (c) if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.\n\n#### 5B Meaning of healthcare identifier information\n\n (1) Each of the following is healthcare identifier information for a person:\n (a) if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;\n (b) 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.\n (2) In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:\n (a) healthcare provider;\n (b) healthcare provider organisation;\n (c) individual healthcare provider;\n (d) linked.\n\n#### 6 Act binds the Crown\n\n 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.\n\n## Part 2—Australian Immunisation Register\n\n### Division 1—Simplified outline\n\n#### 7 Simplified outline of this Part\n\nThe Australian Immunisation Register is established to keep information about vaccinations of individuals.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nRecognised 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.\n\nA 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.\n\nIndividuals 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.\n\nPayments relating to vaccinations may be made on behalf of the Commonwealth.\n\n### Division 2—Establishment, contents and purposes\n\n#### 8 Establishment of the register\n\n (1) The Commonwealth must establish and keep a register to be called the Australian Immunisation Register.\n (2) Parts of the register may be kept separate from each other, and be called different names.\n\n> Note: 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.\n\n (3) The register is not a legislative instrument.\n\n#### 9 Contents of the register\n\n The AI register may include the following:\n (a) relevant identifying information for each individual who has, or could have, a relevant vaccination;\n (b) information provided by a recognised vaccination provider about each relevant vaccination, including:\n (i) the day of the vaccination; and\n (ii) information about the vaccine administered; and\n (iii) if the vaccine was administered in Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who administered the vaccine; and\n (iv) 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;\n (c) 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:\n (i) not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or\n (ii) having a medical contraindication to a vaccine, and as a result should not receive a vaccination;\n (d) information about each of those assessments, including:\n (i) the day of the assessment; and\n (ii) information about the vaccine relevant to the assessment; and\n (iii) 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\n (iv) 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;\n (e) other information relating to vaccinations of individuals.\n\n#### 10 Purposes of the register\n\n (1) The purposes of the AI register are to facilitate the following:\n (a) establishing and keeping an electronic database of records relating to vaccinations of individuals;\n (b) collecting, analysing and publishing statistics, and other information, about vaccination coverage across Australia and parts of Australia;\n (c) monitoring vaccination coverage across Australia and parts of Australia;\n (d) monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases;\n (e) identifying any parts of Australia at risk during disease outbreaks because of the number of unvaccinated individuals in those parts;\n (f) checking an individual’s vaccination status by that individual or by a recognised vaccination provider;\n (g) checking an individual’s vaccination status:\n (i) by (or on behalf of) the Commonwealth; and\n (ii) to the extent that this is necessary for determining eligibility for family assistance;\n (h) advising an individual when he or she is, or was, due to receive doses of a vaccine;\n (i) certifying when a course of vaccination has been completed;\n (j) promoting individuals’ health and well‑being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers;\n (k) payments relating to vaccinations;\n (l) research relating to vaccinations;\n (m) anything incidental to any of the above paragraphs.\n (2) For an individual who is incapable of managing his or her health affairs:\n (a) paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal personal representative of the individual; and\n (b) paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information to, a legal personal representative of the individual.\n\n### Division 2A—Reporting obligation etc.\n\n#### 10A Requirement to report information relating to certain relevant vaccinations\n\n Relevant vaccination administered in Australia\n (1) If:\n (a) a recognised vaccination provider administers a relevant vaccination in Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) is administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (2) Subsection (1) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Relevant vaccination administered outside Australia\n (3) If:\n (a) a recognised vaccination provider is given information about a relevant vaccination that was administered outside Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) was administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (4) Subsection (3) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Civil penalty provision etc.\n (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).\n\nCivil penalty: 30 penalty units.\n\n (6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.\n\n#### 10B Secretary may require recognised vaccination provider to give information\n\n (1) If the Secretary reasonably believes that a recognised vaccination provider is not complying with subsection 10A(1) or (3), the Secretary may, by written notice, require the provider to give, within the period specified in the notice and in the manner specified in the notice, information relating to that non‑compliance.\n (2) The period specified in the notice must not be shorter than 14 days after the notice is given.\n (3) A person is liable to a civil penalty if the person fails to comply with a notice given to the person under subsection (1).\n\nCivil penalty: 30 penalty units.\n\n#### 10C Secretary may give formal warning to recognised vaccination provider\n\n If the Secretary reasonably believes that a recognised vaccination provider may have contravened subsection 10A(1) or (3), the Secretary may, by written notice given to the provider:\n (a) inform the provider of that matter; and\n (b) warn the provider that the provider may be liable to a civil penalty under subsection 10A(5).\n\n### Division 3—Requests about personal information in the register\n\n#### 11 Requests about personal information in the register\n\n (1) An individual may, in the approved form, request that the individual not be given by (or on behalf of) the Commonwealth:\n (a) any advice of a kind referred to in paragraph 10(1)(h); or\n (b) any certification of a kind referred to in paragraph 10(1)(i); or\n (c) any information of a kind referred to in paragraph 10(1)(j).\n\n> Note: The request could be made by a legal personal representative of an individual who is incapable of managing his or her health affairs (see subsection 10(2)).\n\n (2) An individual may, in the approved form, request that personal information on the AI register relating to or identifying:\n (a) the individual; or\n (b) if the individual is a legal personal representative of another individual who is incapable of managing his or her health affairs—that other individual;\n not be disclosed from the AI register for one or more purposes of the AI register.\n (3) The Commonwealth must comply with a request under this section as soon as practicable.\n\n### Division 4—Payments relating to the register\n\n#### 12 Payments relating to vaccinations\n\n (1) The Minister may, on behalf of the Commonwealth, make a payment to a recognised vaccination provider in relation to:\n (a) the provider’s administrative costs incurred in reporting information for inclusion in the AI register; or\n (b) the provider:\n (i) identifying an individual who is overdue for a relevant vaccination; and\n (ii) administering the vaccination; and\n (iii) reporting information about the vaccination for inclusion in the AI register.\n (2) The Minister may, on behalf of the Commonwealth, make a payment:\n (a) for the purposes of the AI register; and\n (b) in circumstances of a kind prescribed by the rules for the purposes of this subsection.\n\n### Division 5—Alternative constitutional bases\n\n#### 13 Alternative constitutional bases\n\n (1) Without limiting its effect apart from this section, this Act also has the effect it would have if the purposes of the AI register were, by express provision, confined to purposes relating to:\n (a) the provision of pharmaceutical benefits; or\n (b) the provision of medical services (without any form of civil conscription); or\n (c) census or statistics; or\n (d) external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (e) a Territory or a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (f) the implied power of the Parliament to make laws with respect to nationhood; or\n (g) the executive power of the Commonwealth; or\n (h) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.\n\n## Part 4—Dealing with protected information in the register\n\n#### 21 Simplified outline of this Part\n\nInformation can be collected for inclusion in the AI register.\n\nSection 23 makes it an offence if a person, while unauthorised to do so, discloses or uses protected information.\n\nThe main authorisation relates to disclosure or use for the purposes of the register. There are also a number of exceptions to the offence.\n\n#### 22 Authorised dealings with protected information\n\n Uploading personal information etc. to the AI register\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) relevant identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including the information in the AI register.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Using or disclosing protected information in the AI register\n (2) A person may make a record of, disclose or otherwise use protected information if:\n (a) the person does so for the purposes of the AI register, and the person is:\n (i) an officer or employee of the Commonwealth or of an authority of the Commonwealth; or\n (ii) engaged by the Commonwealth, or by an authority of the Commonwealth, to perform work relating to the purposes of the AI register; or\n (iii) an officer or employee of, or is engaged by, a person referred to in subparagraph (ii) to perform work relating to the purposes of the AI register; or\n (iv) a prescribed body; or\n (v) a recognised vaccination provider; or\n (b) the person is authorised to do so under subsection (3); or\n (c) the person does so for the purposes of performing the person’s functions, or exercising the person’s powers, under this Act; or\n (ca) the person does so for the purposes of including information in the register kept under Part 2 of the National Cancer Screening Register Act 2016; or\n (d) the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory; or\n (e) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (f) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Protected information is not limited to information in the register (see section 4). It can also cover information that:\n\n (a) is obtained as the result of a disclosure from the register, whether directly or indirectly because of one or more on‑disclosures; or\n (b) is derived from information that was in the register.\n (3) The Minister may, in writing, authorise a person to make a record of, disclose or otherwise use protected information for a specified purpose that the Minister is satisfied is in the public interest.\n (4) Paragraph (2)(a) does not apply to personal information to the extent that a disclosure under that paragraph would be contrary to a request in force under subsection 11(2).\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person makes a record of, discloses or otherwise uses the information; and\n (d) the making of the record, or the disclosure or use, is not authorised by section 22.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exception for use in good faith\n\n Section 23 does not apply to a person to the extent that the person makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with section 22.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 25 Exception if unaware information is commercial‑in‑confidence\n\n Section 23 does not apply to a person if:\n (a) the person makes a record of, discloses or otherwise uses protected information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates includes a reference to the person’s legal personal representative if the person is incapable of managing his or her health affairs.\n\n#### 27 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n## Part 5—Other matters\n\n#### 28 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, delegations and rules.\n\n#### 28A Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Secretary;\n (b) an SES employee, or an acting SES employee, in the Department.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n\n#### 29 Approved forms\n\n (1) The Minister may, in writing, approve a form for the purposes of a provision of this Act.\n (2) A request required by a provision of this Act to be in the approved form must be given to the person specified in the form for that purpose.\n\n#### 30 Delegation\n\n Delegation by the Minister\n (1) The Minister may, in writing, delegate his or her functions or powers under subsection 22(3) (about authorising disclosures etc.) to:\n (a) a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Department; or\n (b) the Chief Executive Medicare.\n (2) The Minister may, in writing, delegate his or her functions or powers under:\n (a) section 5 (about commercial‑in‑confidence information); or\n (b) section 12 (about payments relating to vaccinations); or\n (c) section 29 (about approved forms);\n to an SES employee, or an acting SES employee, in the Department or to the Chief Executive Medicare.\n (3) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Minister.\n Delegation by the Secretary\n (4) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 10B or 10C of this Act to an SES employee, or an acting SES employee, in the Department.\n (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 31 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":20},{"sectionNumber":"11","sectionType":"section","heading":"Requests about personal information in the register","content":"#### 11 Requests about personal information in the register\n\n (1) An individual may, in the approved form, request that the individual not be given by (or on behalf of) the Commonwealth:\n (a) any advice of a kind referred to in paragraph 10(1)(h); or\n (b) any certification of a kind referred to in paragraph 10(1)(i); or\n (c) any information of a kind referred to in paragraph 10(1)(j).\n\n> Note: The request could be made by a legal personal representative of an individual who is incapable of managing his or her health affairs (see subsection 10(2)).\n\n (2) An individual may, in the approved form, request that personal information on the AI register relating to or identifying:\n (a) the individual; or\n (b) if the individual is a legal personal representative of another individual who is incapable of managing his or her health affairs—that other individual;\n not be disclosed from the AI register for one or more purposes of the AI register.\n (3) The Commonwealth must comply with a request under this section as soon as practicable.","sortOrder":21},{"sectionNumber":"Division 4","sectionType":"division","heading":"Payments relating to the register","content":"An Act to establish and provide for an immunisation register, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Immunisation Register Act 2015.\n\n#### 2 Commencement\n\n (1) 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

1 January 2016.

1 January 2016

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Simplified outline of this Act\n\nThis Act establishes a register of information about vaccinations.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nSensitive information in the register is protected.\n\n#### 4 Definitions\n\n In this Act:\n\n> AI register means the Australian Immunisation Register.\n\n> approved form means a form approved under subsection 29(1).\n\n> arrangement includes a contract or deed.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 5.\n\n> family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.\n\n> general practitioner has the same meaning as in the Health Insurance Act 1973.\n\n> healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.\n\n> healthcare identifier information for a person has the meaning given by section 5B.\n\n> legal personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is under the age of 18 years; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> 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.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> prescribed body means a person prescribed by the rules for the purposes of this definition.\n\n> protected information means personal information, relevant identifying information or information that is commercial‑in‑confidence, to the extent that this information:\n\n (a) is obtained under, or in accordance with, this Act; or\n (b) is derived from a record of information that was made under, or in accordance with, this Act; or\n (c) is derived from a disclosure or use of information that was made under, or in accordance with, this Act.\n\n> provider identification information has the meaning given by section 5A.\n\n> purposes of the AI register means the purposes set out in section 10.\n\n> recognised vaccination provider means:\n\n (a) a general practitioner; or\n (b) an individual, or body, endorsed to administer vaccines in Australia, if the endorsement:\n (i) is for purposes that include the purposes of the AI register; and\n (ii) is by the Commonwealth, a State or a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant identifying information for an individual means the following:\n\n (a) the individual’s name, contact details, date of birth, gender and Indigenous status;\n (b) the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) (if any);\n (c) the individual’s healthcare identifier (if any);\n (d) 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;\n (e) any other information of a kind prescribed by the rules for the purposes of this definition that identifies the individual.\n\n> relevant vaccination means a vaccination administered:\n\n (a) in Australia; or\n (b) outside Australia, if information about the vaccination is given to a recognised vaccination provider.\n\n> rules means the rules made under section 31.\n\n> Secretary means the Secretary of the Department.\n\n> 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.\n\n> Note: 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).\n\n#### 5 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n#### 5A Meaning of provider identification information\n\n 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:\n (a) the provider’s name and contact details;\n (b) 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;\n (c) if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.\n\n#### 5B Meaning of healthcare identifier information\n\n (1) Each of the following is healthcare identifier information for a person:\n (a) if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;\n (b) 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.\n (2) In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:\n (a) healthcare provider;\n (b) healthcare provider organisation;\n (c) individual healthcare provider;\n (d) linked.\n\n#### 6 Act binds the Crown\n\n 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.\n\n## Part 2—Australian Immunisation Register\n\n### Division 1—Simplified outline\n\n#### 7 Simplified outline of this Part\n\nThe Australian Immunisation Register is established to keep information about vaccinations of individuals.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nRecognised 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.\n\nA 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.\n\nIndividuals 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.\n\nPayments relating to vaccinations may be made on behalf of the Commonwealth.\n\n### Division 2—Establishment, contents and purposes\n\n#### 8 Establishment of the register\n\n (1) The Commonwealth must establish and keep a register to be called the Australian Immunisation Register.\n (2) Parts of the register may be kept separate from each other, and be called different names.\n\n> Note: 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.\n\n (3) The register is not a legislative instrument.\n\n#### 9 Contents of the register\n\n The AI register may include the following:\n (a) relevant identifying information for each individual who has, or could have, a relevant vaccination;\n (b) information provided by a recognised vaccination provider about each relevant vaccination, including:\n (i) the day of the vaccination; and\n (ii) information about the vaccine administered; and\n (iii) if the vaccine was administered in Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who administered the vaccine; and\n (iv) 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;\n (c) 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:\n (i) not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or\n (ii) having a medical contraindication to a vaccine, and as a result should not receive a vaccination;\n (d) information about each of those assessments, including:\n (i) the day of the assessment; and\n (ii) information about the vaccine relevant to the assessment; and\n (iii) 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\n (iv) 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;\n (e) other information relating to vaccinations of individuals.\n\n#### 10 Purposes of the register\n\n (1) The purposes of the AI register are to facilitate the following:\n (a) establishing and keeping an electronic database of records relating to vaccinations of individuals;\n (b) collecting, analysing and publishing statistics, and other information, about vaccination coverage across Australia and parts of Australia;\n (c) monitoring vaccination coverage across Australia and parts of Australia;\n (d) monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases;\n (e) identifying any parts of Australia at risk during disease outbreaks because of the number of unvaccinated individuals in those parts;\n (f) checking an individual’s vaccination status by that individual or by a recognised vaccination provider;\n (g) checking an individual’s vaccination status:\n (i) by (or on behalf of) the Commonwealth; and\n (ii) to the extent that this is necessary for determining eligibility for family assistance;\n (h) advising an individual when he or she is, or was, due to receive doses of a vaccine;\n (i) certifying when a course of vaccination has been completed;\n (j) promoting individuals’ health and well‑being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers;\n (k) payments relating to vaccinations;\n (l) research relating to vaccinations;\n (m) anything incidental to any of the above paragraphs.\n (2) For an individual who is incapable of managing his or her health affairs:\n (a) paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal personal representative of the individual; and\n (b) paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information to, a legal personal representative of the individual.\n\n### Division 2A—Reporting obligation etc.\n\n#### 10A Requirement to report information relating to certain relevant vaccinations\n\n Relevant vaccination administered in Australia\n (1) If:\n (a) a recognised vaccination provider administers a relevant vaccination in Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) is administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (2) Subsection (1) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Relevant vaccination administered outside Australia\n (3) If:\n (a) a recognised vaccination provider is given information about a relevant vaccination that was administered outside Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) was administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (4) Subsection (3) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Civil penalty provision etc.\n (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).\n\nCivil penalty: 30 penalty units.\n\n (6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.\n\n#### 10B Secretary may require recognised vaccination provider to give information\n\n (1) If the Secretary reasonably believes that a recognised vaccination provider is not complying with subsection 10A(1) or (3), the Secretary may, by written notice, require the provider to give, within the period specified in the notice and in the manner specified in the notice, information relating to that non‑compliance.\n (2) The period specified in the notice must not be shorter than 14 days after the notice is given.\n (3) A person is liable to a civil penalty if the person fails to comply with a notice given to the person under subsection (1).\n\nCivil penalty: 30 penalty units.\n\n#### 10C Secretary may give formal warning to recognised vaccination provider\n\n If the Secretary reasonably believes that a recognised vaccination provider may have contravened subsection 10A(1) or (3), the Secretary may, by written notice given to the provider:\n (a) inform the provider of that matter; and\n (b) warn the provider that the provider may be liable to a civil penalty under subsection 10A(5).\n\n### Division 3—Requests about personal information in the register\n\n#### 11 Requests about personal information in the register\n\n (1) An individual may, in the approved form, request that the individual not be given by (or on behalf of) the Commonwealth:\n (a) any advice of a kind referred to in paragraph 10(1)(h); or\n (b) any certification of a kind referred to in paragraph 10(1)(i); or\n (c) any information of a kind referred to in paragraph 10(1)(j).\n\n> Note: The request could be made by a legal personal representative of an individual who is incapable of managing his or her health affairs (see subsection 10(2)).\n\n (2) An individual may, in the approved form, request that personal information on the AI register relating to or identifying:\n (a) the individual; or\n (b) if the individual is a legal personal representative of another individual who is incapable of managing his or her health affairs—that other individual;\n not be disclosed from the AI register for one or more purposes of the AI register.\n (3) The Commonwealth must comply with a request under this section as soon as practicable.\n\n### Division 4—Payments relating to the register\n\n#### 12 Payments relating to vaccinations\n\n (1) The Minister may, on behalf of the Commonwealth, make a payment to a recognised vaccination provider in relation to:\n (a) the provider’s administrative costs incurred in reporting information for inclusion in the AI register; or\n (b) the provider:\n (i) identifying an individual who is overdue for a relevant vaccination; and\n (ii) administering the vaccination; and\n (iii) reporting information about the vaccination for inclusion in the AI register.\n (2) The Minister may, on behalf of the Commonwealth, make a payment:\n (a) for the purposes of the AI register; and\n (b) in circumstances of a kind prescribed by the rules for the purposes of this subsection.\n\n### Division 5—Alternative constitutional bases\n\n#### 13 Alternative constitutional bases\n\n (1) Without limiting its effect apart from this section, this Act also has the effect it would have if the purposes of the AI register were, by express provision, confined to purposes relating to:\n (a) the provision of pharmaceutical benefits; or\n (b) the provision of medical services (without any form of civil conscription); or\n (c) census or statistics; or\n (d) external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (e) a Territory or a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (f) the implied power of the Parliament to make laws with respect to nationhood; or\n (g) the executive power of the Commonwealth; or\n (h) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.\n\n## Part 4—Dealing with protected information in the register\n\n#### 21 Simplified outline of this Part\n\nInformation can be collected for inclusion in the AI register.\n\nSection 23 makes it an offence if a person, while unauthorised to do so, discloses or uses protected information.\n\nThe main authorisation relates to disclosure or use for the purposes of the register. There are also a number of exceptions to the offence.\n\n#### 22 Authorised dealings with protected information\n\n Uploading personal information etc. to the AI register\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) relevant identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including the information in the AI register.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Using or disclosing protected information in the AI register\n (2) A person may make a record of, disclose or otherwise use protected information if:\n (a) the person does so for the purposes of the AI register, and the person is:\n (i) an officer or employee of the Commonwealth or of an authority of the Commonwealth; or\n (ii) engaged by the Commonwealth, or by an authority of the Commonwealth, to perform work relating to the purposes of the AI register; or\n (iii) an officer or employee of, or is engaged by, a person referred to in subparagraph (ii) to perform work relating to the purposes of the AI register; or\n (iv) a prescribed body; or\n (v) a recognised vaccination provider; or\n (b) the person is authorised to do so under subsection (3); or\n (c) the person does so for the purposes of performing the person’s functions, or exercising the person’s powers, under this Act; or\n (ca) the person does so for the purposes of including information in the register kept under Part 2 of the National Cancer Screening Register Act 2016; or\n (d) the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory; or\n (e) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (f) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Protected information is not limited to information in the register (see section 4). It can also cover information that:\n\n (a) is obtained as the result of a disclosure from the register, whether directly or indirectly because of one or more on‑disclosures; or\n (b) is derived from information that was in the register.\n (3) The Minister may, in writing, authorise a person to make a record of, disclose or otherwise use protected information for a specified purpose that the Minister is satisfied is in the public interest.\n (4) Paragraph (2)(a) does not apply to personal information to the extent that a disclosure under that paragraph would be contrary to a request in force under subsection 11(2).\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person makes a record of, discloses or otherwise uses the information; and\n (d) the making of the record, or the disclosure or use, is not authorised by section 22.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exception for use in good faith\n\n Section 23 does not apply to a person to the extent that the person makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with section 22.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 25 Exception if unaware information is commercial‑in‑confidence\n\n Section 23 does not apply to a person if:\n (a) the person makes a record of, discloses or otherwise uses protected information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates includes a reference to the person’s legal personal representative if the person is incapable of managing his or her health affairs.\n\n#### 27 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n## Part 5—Other matters\n\n#### 28 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, delegations and rules.\n\n#### 28A Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Secretary;\n (b) an SES employee, or an acting SES employee, in the Department.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n\n#### 29 Approved forms\n\n (1) The Minister may, in writing, approve a form for the purposes of a provision of this Act.\n (2) A request required by a provision of this Act to be in the approved form must be given to the person specified in the form for that purpose.\n\n#### 30 Delegation\n\n Delegation by the Minister\n (1) The Minister may, in writing, delegate his or her functions or powers under subsection 22(3) (about authorising disclosures etc.) to:\n (a) a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Department; or\n (b) the Chief Executive Medicare.\n (2) The Minister may, in writing, delegate his or her functions or powers under:\n (a) section 5 (about commercial‑in‑confidence information); or\n (b) section 12 (about payments relating to vaccinations); or\n (c) section 29 (about approved forms);\n to an SES employee, or an acting SES employee, in the Department or to the Chief Executive Medicare.\n (3) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Minister.\n Delegation by the Secretary\n (4) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 10B or 10C of this Act to an SES employee, or an acting SES employee, in the Department.\n (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 31 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":22},{"sectionNumber":"12","sectionType":"section","heading":"Payments relating to vaccinations","content":"#### 12 Payments relating to vaccinations\n\n (1) The Minister may, on behalf of the Commonwealth, make a payment to a recognised vaccination provider in relation to:\n (a) the provider’s administrative costs incurred in reporting information for inclusion in the AI register; or\n (b) the provider:\n (i) identifying an individual who is overdue for a relevant vaccination; and\n (ii) administering the vaccination; and\n (iii) reporting information about the vaccination for inclusion in the AI register.\n (2) The Minister may, on behalf of the Commonwealth, make a payment:\n (a) for the purposes of the AI register; and\n (b) in circumstances of a kind prescribed by the rules for the purposes of this subsection.","sortOrder":23},{"sectionNumber":"Division 5","sectionType":"division","heading":"Alternative constitutional bases","content":"An Act to establish and provide for an immunisation register, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Immunisation Register Act 2015.\n\n#### 2 Commencement\n\n (1) 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

1 January 2016.

1 January 2016

\n```\n\n> Note: 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.\n\n (2) 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.\n\n#### 3 Simplified outline of this Act\n\nThis Act establishes a register of information about vaccinations.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nSensitive information in the register is protected.\n\n#### 4 Definitions\n\n In this Act:\n\n> AI register means the Australian Immunisation Register.\n\n> approved form means a form approved under subsection 29(1).\n\n> arrangement includes a contract or deed.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 5.\n\n> family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.\n\n> general practitioner has the same meaning as in the Health Insurance Act 1973.\n\n> healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.\n\n> healthcare identifier information for a person has the meaning given by section 5B.\n\n> legal personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is under the age of 18 years; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> 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.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> prescribed body means a person prescribed by the rules for the purposes of this definition.\n\n> protected information means personal information, relevant identifying information or information that is commercial‑in‑confidence, to the extent that this information:\n\n (a) is obtained under, or in accordance with, this Act; or\n (b) is derived from a record of information that was made under, or in accordance with, this Act; or\n (c) is derived from a disclosure or use of information that was made under, or in accordance with, this Act.\n\n> provider identification information has the meaning given by section 5A.\n\n> purposes of the AI register means the purposes set out in section 10.\n\n> recognised vaccination provider means:\n\n (a) a general practitioner; or\n (b) an individual, or body, endorsed to administer vaccines in Australia, if the endorsement:\n (i) is for purposes that include the purposes of the AI register; and\n (ii) is by the Commonwealth, a State or a Territory.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant identifying information for an individual means the following:\n\n (a) the individual’s name, contact details, date of birth, gender and Indigenous status;\n (b) the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) (if any);\n (c) the individual’s healthcare identifier (if any);\n (d) 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;\n (e) any other information of a kind prescribed by the rules for the purposes of this definition that identifies the individual.\n\n> relevant vaccination means a vaccination administered:\n\n (a) in Australia; or\n (b) outside Australia, if information about the vaccination is given to a recognised vaccination provider.\n\n> rules means the rules made under section 31.\n\n> Secretary means the Secretary of the Department.\n\n> 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.\n\n> Note: 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).\n\n#### 5 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n#### 5A Meaning of provider identification information\n\n 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:\n (a) the provider’s name and contact details;\n (b) 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;\n (c) if a number known as the AIR provider number has been allocated to the provider for the purposes of this Act—that number.\n\n#### 5B Meaning of healthcare identifier information\n\n (1) Each of the following is healthcare identifier information for a person:\n (a) if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;\n (b) 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.\n (2) In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:\n (a) healthcare provider;\n (b) healthcare provider organisation;\n (c) individual healthcare provider;\n (d) linked.\n\n#### 6 Act binds the Crown\n\n 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.\n\n## Part 2—Australian Immunisation Register\n\n### Division 1—Simplified outline\n\n#### 7 Simplified outline of this Part\n\nThe Australian Immunisation Register is established to keep information about vaccinations of individuals.\n\nThe purposes of the register relate to supporting Australian vaccination programs, and vaccination matters more broadly.\n\nRecognised 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.\n\nA 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.\n\nIndividuals 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.\n\nPayments relating to vaccinations may be made on behalf of the Commonwealth.\n\n### Division 2—Establishment, contents and purposes\n\n#### 8 Establishment of the register\n\n (1) The Commonwealth must establish and keep a register to be called the Australian Immunisation Register.\n (2) Parts of the register may be kept separate from each other, and be called different names.\n\n> Note: 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.\n\n (3) The register is not a legislative instrument.\n\n#### 9 Contents of the register\n\n The AI register may include the following:\n (a) relevant identifying information for each individual who has, or could have, a relevant vaccination;\n (b) information provided by a recognised vaccination provider about each relevant vaccination, including:\n (i) the day of the vaccination; and\n (ii) information about the vaccine administered; and\n (iii) if the vaccine was administered in Australia—provider identification information and healthcare identifier information for the recognised vaccination provider who administered the vaccine; and\n (iv) 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;\n (c) 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:\n (i) not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or\n (ii) having a medical contraindication to a vaccine, and as a result should not receive a vaccination;\n (d) information about each of those assessments, including:\n (i) the day of the assessment; and\n (ii) information about the vaccine relevant to the assessment; and\n (iii) 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\n (iv) 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;\n (e) other information relating to vaccinations of individuals.\n\n#### 10 Purposes of the register\n\n (1) The purposes of the AI register are to facilitate the following:\n (a) establishing and keeping an electronic database of records relating to vaccinations of individuals;\n (b) collecting, analysing and publishing statistics, and other information, about vaccination coverage across Australia and parts of Australia;\n (c) monitoring vaccination coverage across Australia and parts of Australia;\n (d) monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases;\n (e) identifying any parts of Australia at risk during disease outbreaks because of the number of unvaccinated individuals in those parts;\n (f) checking an individual’s vaccination status by that individual or by a recognised vaccination provider;\n (g) checking an individual’s vaccination status:\n (i) by (or on behalf of) the Commonwealth; and\n (ii) to the extent that this is necessary for determining eligibility for family assistance;\n (h) advising an individual when he or she is, or was, due to receive doses of a vaccine;\n (i) certifying when a course of vaccination has been completed;\n (j) promoting individuals’ health and well‑being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers;\n (k) payments relating to vaccinations;\n (l) research relating to vaccinations;\n (m) anything incidental to any of the above paragraphs.\n (2) For an individual who is incapable of managing his or her health affairs:\n (a) paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal personal representative of the individual; and\n (b) paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information to, a legal personal representative of the individual.\n\n### Division 2A—Reporting obligation etc.\n\n#### 10A Requirement to report information relating to certain relevant vaccinations\n\n Relevant vaccination administered in Australia\n (1) If:\n (a) a recognised vaccination provider administers a relevant vaccination in Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) is administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (2) Subsection (1) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Relevant vaccination administered outside Australia\n (3) If:\n (a) a recognised vaccination provider is given information about a relevant vaccination that was administered outside Australia; and\n (b) the relevant vaccination:\n (i) is of a kind prescribed by the rules; and\n (ii) was administered in the circumstances prescribed by the rules;\n the provider must report, within the period prescribed by the rules and in the manner prescribed by the rules, the information prescribed by the rules for that vaccination for inclusion in the AI Register.\n (4) Subsection (3) does not apply if the recognised vaccination provider reasonably believes that complying with that subsection is likely to pose a risk to the health or safety of an individual.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Civil penalty provision etc.\n (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).\n\nCivil penalty: 30 penalty units.\n\n (6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.\n\n#### 10B Secretary may require recognised vaccination provider to give information\n\n (1) If the Secretary reasonably believes that a recognised vaccination provider is not complying with subsection 10A(1) or (3), the Secretary may, by written notice, require the provider to give, within the period specified in the notice and in the manner specified in the notice, information relating to that non‑compliance.\n (2) The period specified in the notice must not be shorter than 14 days after the notice is given.\n (3) A person is liable to a civil penalty if the person fails to comply with a notice given to the person under subsection (1).\n\nCivil penalty: 30 penalty units.\n\n#### 10C Secretary may give formal warning to recognised vaccination provider\n\n If the Secretary reasonably believes that a recognised vaccination provider may have contravened subsection 10A(1) or (3), the Secretary may, by written notice given to the provider:\n (a) inform the provider of that matter; and\n (b) warn the provider that the provider may be liable to a civil penalty under subsection 10A(5).\n\n### Division 3—Requests about personal information in the register\n\n#### 11 Requests about personal information in the register\n\n (1) An individual may, in the approved form, request that the individual not be given by (or on behalf of) the Commonwealth:\n (a) any advice of a kind referred to in paragraph 10(1)(h); or\n (b) any certification of a kind referred to in paragraph 10(1)(i); or\n (c) any information of a kind referred to in paragraph 10(1)(j).\n\n> Note: The request could be made by a legal personal representative of an individual who is incapable of managing his or her health affairs (see subsection 10(2)).\n\n (2) An individual may, in the approved form, request that personal information on the AI register relating to or identifying:\n (a) the individual; or\n (b) if the individual is a legal personal representative of another individual who is incapable of managing his or her health affairs—that other individual;\n not be disclosed from the AI register for one or more purposes of the AI register.\n (3) The Commonwealth must comply with a request under this section as soon as practicable.\n\n### Division 4—Payments relating to the register\n\n#### 12 Payments relating to vaccinations\n\n (1) The Minister may, on behalf of the Commonwealth, make a payment to a recognised vaccination provider in relation to:\n (a) the provider’s administrative costs incurred in reporting information for inclusion in the AI register; or\n (b) the provider:\n (i) identifying an individual who is overdue for a relevant vaccination; and\n (ii) administering the vaccination; and\n (iii) reporting information about the vaccination for inclusion in the AI register.\n (2) The Minister may, on behalf of the Commonwealth, make a payment:\n (a) for the purposes of the AI register; and\n (b) in circumstances of a kind prescribed by the rules for the purposes of this subsection.\n\n### Division 5—Alternative constitutional bases\n\n#### 13 Alternative constitutional bases\n\n (1) Without limiting its effect apart from this section, this Act also has the effect it would have if the purposes of the AI register were, by express provision, confined to purposes relating to:\n (a) the provision of pharmaceutical benefits; or\n (b) the provision of medical services (without any form of civil conscription); or\n (c) census or statistics; or\n (d) external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (e) a Territory or a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (f) the implied power of the Parliament to make laws with respect to nationhood; or\n (g) the executive power of the Commonwealth; or\n (h) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.\n\n## Part 4—Dealing with protected information in the register\n\n#### 21 Simplified outline of this Part\n\nInformation can be collected for inclusion in the AI register.\n\nSection 23 makes it an offence if a person, while unauthorised to do so, discloses or uses protected information.\n\nThe main authorisation relates to disclosure or use for the purposes of the register. There are also a number of exceptions to the offence.\n\n#### 22 Authorised dealings with protected information\n\n Uploading personal information etc. to the AI register\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) relevant identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including the information in the AI register.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Using or disclosing protected information in the AI register\n (2) A person may make a record of, disclose or otherwise use protected information if:\n (a) the person does so for the purposes of the AI register, and the person is:\n (i) an officer or employee of the Commonwealth or of an authority of the Commonwealth; or\n (ii) engaged by the Commonwealth, or by an authority of the Commonwealth, to perform work relating to the purposes of the AI register; or\n (iii) an officer or employee of, or is engaged by, a person referred to in subparagraph (ii) to perform work relating to the purposes of the AI register; or\n (iv) a prescribed body; or\n (v) a recognised vaccination provider; or\n (b) the person is authorised to do so under subsection (3); or\n (c) the person does so for the purposes of performing the person’s functions, or exercising the person’s powers, under this Act; or\n (ca) the person does so for the purposes of including information in the register kept under Part 2 of the National Cancer Screening Register Act 2016; or\n (d) the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory; or\n (e) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (f) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Protected information is not limited to information in the register (see section 4). It can also cover information that:\n\n (a) is obtained as the result of a disclosure from the register, whether directly or indirectly because of one or more on‑disclosures; or\n (b) is derived from information that was in the register.\n (3) The Minister may, in writing, authorise a person to make a record of, disclose or otherwise use protected information for a specified purpose that the Minister is satisfied is in the public interest.\n (4) Paragraph (2)(a) does not apply to personal information to the extent that a disclosure under that paragraph would be contrary to a request in force under subsection 11(2).\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person makes a record of, discloses or otherwise uses the information; and\n (d) the making of the record, or the disclosure or use, is not authorised by section 22.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exception for use in good faith\n\n Section 23 does not apply to a person to the extent that the person makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with section 22.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 25 Exception if unaware information is commercial‑in‑confidence\n\n Section 23 does not apply to a person if:\n (a) the person makes a record of, discloses or otherwise uses protected information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates includes a reference to the person’s legal personal representative if the person is incapable of managing his or her health affairs.\n\n#### 27 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n## Part 5—Other matters\n\n#### 28 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, delegations and rules.\n\n#### 28A Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Secretary;\n (b) an SES employee, or an acting SES employee, in the Department.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n\n#### 29 Approved forms\n\n (1) The Minister may, in writing, approve a form for the purposes of a provision of this Act.\n (2) A request required by a provision of this Act to be in the approved form must be given to the person specified in the form for that purpose.\n\n#### 30 Delegation\n\n Delegation by the Minister\n (1) The Minister may, in writing, delegate his or her functions or powers under subsection 22(3) (about authorising disclosures etc.) to:\n (a) a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Department; or\n (b) the Chief Executive Medicare.\n (2) The Minister may, in writing, delegate his or her functions or powers under:\n (a) section 5 (about commercial‑in‑confidence information); or\n (b) section 12 (about payments relating to vaccinations); or\n (c) section 29 (about approved forms);\n to an SES employee, or an acting SES employee, in the Department or to the Chief Executive Medicare.\n (3) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Minister.\n Delegation by the Secretary\n (4) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 10B or 10C of this Act to an SES employee, or an acting SES employee, in the Department.\n (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.\n\n#### 31 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":24},{"sectionNumber":"13","sectionType":"section","heading":"Alternative constitutional bases","content":"#### 13 Alternative constitutional bases\n\n (1) Without limiting its effect apart from this section, this Act also has the effect it would have if the purposes of the AI register were, by express provision, confined to purposes relating to:\n (a) the provision of pharmaceutical benefits; or\n (b) the provision of medical services (without any form of civil conscription); or\n (c) census or statistics; or\n (d) external affairs, including:\n (i) giving effect to an international agreement to which Australia is a party; or\n (ii) addressing matters of international concern; or\n (e) a Territory or a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n (f) the implied power of the Parliament to make laws with respect to nationhood; or\n (g) the executive power of the Commonwealth; or\n (h) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"Dealing with protected information in the register","content":"## Part 4—Dealing with protected information in the register","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 21 Simplified outline of this Part\n\nInformation can be collected for inclusion in the AI register.\n\nSection 23 makes it an offence if a person, while unauthorised to do so, discloses or uses protected information.\n\nThe main authorisation relates to disclosure or use for the purposes of the register. There are also a number of exceptions to the offence.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Authorised dealings with protected information","content":"#### 22 Authorised dealings with protected information\n\n Uploading personal information etc. to the AI register\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) relevant identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including the information in the AI register.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Using or disclosing protected information in the AI register\n (2) A person may make a record of, disclose or otherwise use protected information if:\n (a) the person does so for the purposes of the AI register, and the person is:\n (i) an officer or employee of the Commonwealth or of an authority of the Commonwealth; or\n (ii) engaged by the Commonwealth, or by an authority of the Commonwealth, to perform work relating to the purposes of the AI register; or\n (iii) an officer or employee of, or is engaged by, a person referred to in subparagraph (ii) to perform work relating to the purposes of the AI register; or\n (iv) a prescribed body; or\n (v) a recognised vaccination provider; or\n (b) the person is authorised to do so under subsection (3); or\n (c) the person does so for the purposes of performing the person’s functions, or exercising the person’s powers, under this Act; or\n (ca) the person does so for the purposes of including information in the register kept under Part 2 of the National Cancer Screening Register Act 2016; or\n (d) the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory; or\n (e) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (f) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Protected information is not limited to information in the register (see section 4). It can also cover information that:\n\n (a) is obtained as the result of a disclosure from the register, whether directly or indirectly because of one or more on‑disclosures; or\n (b) is derived from information that was in the register.\n (3) The Minister may, in writing, authorise a person to make a record of, disclose or otherwise use protected information for a specified purpose that the Minister is satisfied is in the public interest.\n (4) Paragraph (2)(a) does not apply to personal information to the extent that a disclosure under that paragraph would be contrary to a request in force under subsection 11(2).","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Offence relating to protected information","content":"#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person makes a record of, discloses or otherwise uses the information; and\n (d) the making of the record, or the disclosure or use, is not authorised by section 22.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Exception for use in good faith","content":"#### 24 Exception for use in good faith\n\n Section 23 does not apply to a person to the extent that the person makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with section 22.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Exception if unaware information is commercial‑in‑confidence","content":"#### 25 Exception if unaware information is commercial‑in‑confidence\n\n Section 23 does not apply to a person if:\n (a) the person makes a record of, discloses or otherwise uses protected information; and\n (b) the information is commercial‑in‑confidence; and\n (c) the person does not know that the information is commercial‑in‑confidence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Exceptions relating to the person to whom the protected information relates","content":"#### 26 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates includes a reference to the person’s legal personal representative if the person is incapable of managing his or her health affairs.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Exception for disclosure to person who provided the information","content":"#### 27 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).","sortOrder":33},{"sectionNumber":"Part 5","sectionType":"part","heading":"Other matters","content":"## Part 5—Other matters","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 28 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, delegations and rules.","sortOrder":35},{"sectionNumber":"28A","sectionType":"section","heading":"Civil penalty provisions","content":"#### 28A Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Secretary;\n (b) an SES employee, or an acting SES employee, in the Department.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Approved forms","content":"#### 29 Approved forms\n\n (1) The Minister may, in writing, approve a form for the purposes of a provision of this Act.\n (2) A request required by a provision of this Act to be in the approved form must be given to the person specified in the form for that purpose.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Delegation","content":"#### 30 Delegation\n\n Delegation by the Minister\n (1) The Minister may, in writing, delegate his or her functions or powers under subsection 22(3) (about authorising disclosures etc.) to:\n (a) a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Department; or\n (b) the Chief Executive Medicare.\n (2) The Minister may, in writing, delegate his or her functions or powers under:\n (a) section 5 (about commercial‑in‑confidence information); or\n (b) section 12 (about payments relating to vaccinations); or\n (c) section 29 (about approved forms);\n to an SES employee, or an acting SES employee, in the Department or to the Chief Executive Medicare.\n (3) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Minister.\n Delegation by the Secretary\n (4) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 10B or 10C of this Act to an SES employee, or an acting SES employee, in the Department.\n (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Secretary.","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Rules","content":"#### 31 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":39}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2015 focus on supporting vaccination programs, coverage monitoring and family assistance eligibility (ss 10(1)(g), 10(1)(k)) has expanded through amendments to encompass natural immunity and contraindication assessments (s 9(c)-(d)), explicit research purposes (s 10(1)(l)), data sharing with the National Cancer Screening Register (s 22(2)(ca)), broader public interest authorisations by the Minister (s 22(3)), and payments for identifying overdue individuals (s 12(1)(b))."},"complexity_factors":["27 defined terms in s 4, many cross-referencing other statutes (e.g. Privacy Act 1988, Healthcare Identifiers Act 2010, Regulatory Powers Act 2014)","Nested exceptions across offence provisions in Part 4 (ss 24-27) and civil penalty defences in s 10A(2) and (4)","Heavy reliance on 'rules' made under s 31 to prescribe reportable vaccinations, timeframes, circumstances and additional identifying information","Alternative constitutional bases in s 13 creating layered heads of power","Integration of external frameworks via ss 22, 28A and 30 (authorisations, enforcement via Regulatory Powers Act, delegations)"],"plain_english_summary":"**The Australian Immunisation Register Act 2015** sets up a national database (the Australian Immunisation Register, or AIR) that holds records of vaccinations given in Australia or reported to approved providers from overseas. \n\nIt requires recognised vaccination providers (such as GPs and endorsed nurses or organisations) to report specific details about certain vaccines they administer, including who received it, when, and what vaccine was used. The register supports practical things like reminding people when vaccinations are due, checking someone's vaccination history, measuring how many people are vaccinated across Australia, spotting disease outbreak risks, supporting research, and deciding eligibility for government family payments. \n\nPeople can ask not to receive reminders or information about new vaccines, and can request their personal details not be used for some purposes. Strict privacy rules govern 'protected information' (personal details, identifying data, or commercial secrets obtained under the Act), allowing collection, use and sharing only in authorised situations such as for the register's purposes, court orders, or public interest approvals by the Minister. Breaches can lead to criminal penalties or civil fines. The Act also allows payments to providers for reporting and administering catch-up vaccines. It applies to the Crown but shields it from penalties."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act consistently focuses on establishing and maintaining a vaccination register with reporting, privacy, and payment provisions. Its scope has not expanded significantly beyond the original purpose of creating a national immunisation database."},"complexity_factors":["Over 30 defined terms, many importing meaning from other Acts (e.g., Privacy Act, Regulatory Powers Act, Healthcare Identifiers Act).","Cross-references to multiple external Acts: Regulatory Powers Act, Healthcare Identifiers Act, Family Law Act, National Health Act, etc.","Conditional reporting obligations (only for vaccinations prescribed by rules, with exceptions for health/safety risks).","Nested exceptions to the offence for unauthorised disclosure (good faith, unaware of commercial confidentiality, consent, etc.).","Extensive list of register purposes (13 items) with incidental catch-all.","Rules-making power with both permitted and prohibited subject matter, adding a layer of delegated legislation."],"plain_english_summary":"This Act creates a national database called the Australian Immunisation Register (AIR) to track vaccinations given to people in Australia. \n\n**Who is affected?**\n- **Vaccination providers** (like GPs and other authorised health workers) must report details of certain vaccinations they give or learn about (including some overseas vaccines). Failure to report can lead to fines (civil penalties).\n- **Individuals** can ask not to receive reminders or certificates from the register, or restrict how their personal information is used for certain purposes.\n- **Government agencies** use the register to monitor vaccination rates, check eligibility for family payments, spot areas at risk during disease outbreaks, and conduct research.\n\n**What the law does:**\n- The Commonwealth must set up and maintain the register.\n- The register can include names, contact details, Medicare numbers, and vaccination records for each person.\n- Providers must report within a time and manner set by rules made under the Act. There is a safety exception if reporting could risk someone’s health or safety.\n- The Minister can authorise payments to providers for reporting or for finding and vaccinating people who are overdue.\n- Strict rules protect personal information—unauthorised disclosure or use can lead to up to 2 years in prison or fines. However, information can be shared for register purposes, court cases, coronial inquiries, or with the person’s consent.\n- The Minister can make detailed rules (legislative instruments) to fill in the specifics, but cannot create new offences or taxes through those rules.\n\n**Why it matters:**\n- It creates a centralised government database of personal health information, which raises privacy considerations but also aims to improve vaccination coverage and public health monitoring."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"4 (definition of 'recognised vaccination provider')","severity":"medium","reasoning":"The endorsement must include the purposes of the AI register (s.10), but s.10 purposes include checking vaccination status 'by a recognised vaccination provider' (s.10(1)(f)). A provider cannot be recognised without an endorsement referencing the register's purposes, which themselves presuppose the existence of recognised vaccination providers. While not strictly circular in a logical sense, it creates a dependency loop that is difficult to operationalise at the register's inception.","confidence":0.72,"description":"The definition of 'recognised vaccination provider' for category (b) requires an endorsement 'for purposes that include the purposes of the AI register'. However, the 'purposes of the AI register' are defined by reference to section 10, which is itself part of the Act being defined. This creates a bootstrapping problem: a provider can only be recognised if endorsed for the register's purposes, but those purposes only have legal meaning once the Act is operative and providers are recognised."},{"type":"other","section":"4 (definition of 'vaccine preventable disease')","severity":"high","reasoning":"Delegating the definition of a fundamental statutory concept to an external publication that can be updated at any time by the Department effectively allows the executive to alter the operative scope of the Act without legislative process. This is constitutionally questionable as a form of Henry VIII clause by reference. It also creates retrospective uncertainty: if a new edition is published mid-year, it is unclear when the new definition takes legal effect.","confidence":0.85,"description":"The definition of 'vaccine preventable disease' is tied to 'the latest edition of the Australian Immunisation Handbook published by the Government Printer'. This means the legal definition of a core concept in the Act changes automatically whenever a new edition of the Handbook is published, without any parliamentary or ministerial oversight or disallowance mechanism. Diseases can be added or removed from legal scope by a non-legislative publication."},{"type":"self_contradicting","section":"5 (Meaning of commercial-in-confidence)","severity":"medium","reasoning":"Section 5(d) requires information not be 'readily discoverable' to qualify as commercial-in-confidence. Authorised disclosures under s.22 (e.g., to prescribed bodies, recognised vaccination providers, or persons authorised by the Minister) could make the information discoverable, thereby retroactively removing its commercial-in-confidence status. This creates a paradox: the protection attaches to commercial-in-confidence information, but the Act's own disclosure regime can destroy the very precondition for that protection.","confidence":0.78,"description":"The definition of 'commercial-in-confidence' requires that information 'is not readily discoverable'. However, if the information is in the AI register (which may be disclosed to various parties under s.22), it may become discoverable precisely because of the Act's own authorised disclosure regime. The Act could thus strip information of its commercial-in-confidence status through its own authorised operations."},{"type":"impossible_compliance","section":"10A(2) and 10A(4)","severity":"low","reasoning":"The reporting obligation under s.10A(1) and (3) requires electronic data submission about vaccinations already administered. The health/safety carve-out in ss.(2) and (4) makes practical sense only if reporting the data could somehow endanger someone — an implausible scenario. The drafters appear to have borrowed a standard health/safety exception appropriate for clinical obligations and applied it to an administrative reporting requirement, creating a logically near-vacuous exception.","confidence":0.8,"description":"The health/safety exception to the mandatory reporting obligation is logically incoherent. The exception applies where a provider 'reasonably believes that complying... is likely to pose a risk to the health or safety of an individual'. It is extremely difficult to conceive of a realistic scenario where the act of electronically reporting vaccination data (as distinct from administering a vaccine) would itself pose a risk to health or safety. The provision appears to conflate the act of reporting with the act of vaccinating."},{"type":"self_contradicting","section":"11(2) and 22(4)","severity":"high","reasoning":"Section 11(3) mandates that the Commonwealth 'must comply with a request under this section as soon as practicable', creating a strong obligation. Yet s.22(4) only restricts one of six disclosure pathways. A person could opt out and yet have their data disclosed by Ministerial authorisation (s.22(3)), by court order, or under any Commonwealth/State/Territory law. The mandatory compliance obligation in s.11(3) is therefore in tension with the limited effect of the opt-out mechanism.","confidence":0.88,"description":"An individual can request under s.11(2) that their personal information 'not be disclosed from the AI register for one or more purposes of the AI register'. However, s.22(4) only disapplies paragraph (2)(a) — disclosures for register purposes by authorised Commonwealth personnel — in response to such a request. Disclosures under ss.22(2)(b)-(f) (ministerial authorisation, court orders, legal requirements, coronial inquiries) are unaffected by the opt-out request. This means the opt-out right offered to individuals is substantially illusory."},{"type":"other","section":"9(a)","severity":"medium","reasoning":"The phrase 'could have a relevant vaccination' has no limiting temporal, geographic, or demographic qualifier. Since a relevant vaccination includes vaccinations in Australia or overseas reported to an Australian provider, virtually any living person 'could have' such a vaccination. This provision may be intentionally broad to allow proactive population health management, but it creates an logically near-infinite scope for data collection with minimal legal constraint.","confidence":0.75,"description":"Section 9(a) allows the register to include relevant identifying information for individuals who 'could have' a relevant vaccination. This is an unbounded category that could theoretically encompass every person in Australia (and possibly beyond), since any person could hypothetically receive a vaccination in the future. The register could thus lawfully collect data on the entire population without any of them ever being vaccinated."},{"type":"other","section":"27","severity":"medium","reasoning":"The 'return to source' exception in s.27 has no qualifier requiring that the original receipt of information was itself authorised. If Person A improperly discloses to Person B, B's disclosure back to A is exempt. Nothing prevents A from re-disclosing to B again, with B again returning it. This creates a logical loop that could be used to avoid criminal liability for a pattern of improper disclosures.","confidence":0.7,"description":"Section 27 provides an exception to the s.23 offence where a person discloses protected information back to the person from whom they obtained it. This exception could be exploited to create circular disclosure chains: Person A discloses to Person B (unauthorised), Person B discloses back to Person A (exempt under s.27), Person A re-discloses to Person B again. Each reverse-disclosure is exempt, potentially laundering the initial unauthorised disclosure."},{"type":"other","section":"10A(5) and 10B(3)","severity":"low","reasoning":"Where the penalty for ignoring an enforcement mechanism equals the penalty for the original breach, the enforcement mechanism lacks deterrent effect. A non-compliant provider faces 30 penalty units whether they cooperate with the Secretary's investigation or not. Rational actors may simply ignore s.10B notices since compliance produces no penalty reduction and non-compliance produces no additional penalty exposure beyond the original breach.","confidence":0.65,"description":"Both the failure to report (s.10A(5)) and the failure to respond to a Secretary's information notice (s.10B(3)) attract identical civil penalties of 30 penalty units. This creates a perverse incentive: a provider who fails to report vaccinations and then also fails to respond to the Secretary's enforcement notice faces no greater total liability than if they had committed only one breach, since the penalties are equal and there is no escalating consequence for compounding non-compliance."}],"contradictions":[{"severity":"medium","section_a":"6","section_b":"28A(1) and 10A(5), 10B(3)","confidence":0.82,"description":"Section 6 provides that the Act 'does not make the Crown liable to a pecuniary penalty'. However, ss.10A(5) and 10B(3) impose civil penalties on 'a person' who contravenes the reporting obligations or fails to comply with a Secretary's notice. Where the Crown (e.g., a Commonwealth public health service) acts as a recognised vaccination provider, it would appear to be subject to s.10A(1) reporting obligations, yet immune from the civil penalty consequence under s.6."},{"severity":"high","section_a":"11(3)","section_b":"22(2)(d)","confidence":0.85,"description":"Section 11(3) imposes a mandatory obligation on the Commonwealth to comply with an individual's opt-out/non-disclosure request 'as soon as practicable'. However, s.22(2)(d) authorises disclosure where 'the person is required or authorised to do so by or under a law of the Commonwealth or of a State or Territory'. Where a State or Territory law requires disclosure of the very information the individual has opted out of, the Commonwealth faces an irreconcilable conflict between s.11(3) and s.22(2)(d)."},{"severity":"medium","section_a":"10A(1) (mandatory reporting obligation)","section_b":"11(2) (individual's right to request non-disclosure)","confidence":0.8,"description":"Section 10A(1) imposes a mandatory obligation on recognised vaccination providers to report vaccination information for inclusion in the AI Register. Section 11(2) allows individuals to request that their personal information not be disclosed 'from the AI register for one or more purposes'. However, the opt-out under s.11(2) operates after data is in the register, while s.10A(1) compels data entry. There is no mechanism allowing an individual's s.11(2) request to prevent the initial mandatory upload, creating a conflict between the individual's privacy interest and the provider's statutory duty."},{"severity":"low","section_a":"8(1) (Commonwealth must establish and keep the register)","section_b":"11(2) and 11(3) (individual may request non-disclosure for purposes of the register)","confidence":0.6,"description":"Section 8(1) mandates that the Commonwealth 'must establish and keep' the AI register, and s.9 sets out what it 'may include'. An individual under s.11(2) can request non-disclosure for 'one or more purposes of the AI register'. If an individual requests non-disclosure for all purposes, this effectively nullifies the register's utility for that individual. The mandatory keeping obligation in s.8(1) sits in tension with the potentially total opt-out available under s.11(2), with s.11(3) requiring mandatory compliance."},{"severity":"high","section_a":"22(2)(ca) (disclosure to National Cancer Screening Register)","section_b":"22(4) (opt-out requests limit disclosure under s.22(2)(a) only)","confidence":0.9,"description":"Section 22(2)(ca) authorises disclosure of protected information for the purpose of including it in the National Cancer Screening Register. However, s.22(4) only disapplies paragraph (2)(a) in response to an individual's opt-out request under s.11(2) — it does not disapply s.22(2)(ca). This means an individual who has exercised their right under s.11(2) to prevent disclosure can nevertheless have their protected AI register information transferred to the National Cancer Screening Register, defeating the evident purpose of the opt-out right."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's original stated purpose was simply establishing a vaccination register to support vaccination programs. However, the scope expanded to include an explicit link to family assistance payment eligibility determinations ('No Jab, No Pay'), data sharing with the National Cancer Screening Register, and a broad 'public interest' ministerial authorisation power for disclosure. These additions extend the register's function beyond a purely public health tool into a welfare compliance and broader health data-sharing mechanism."},"complexity_factors":["Extensive cross-referencing to multiple other Acts (Privacy Act 1988, Healthcare Identifiers Act 2010, Health Insurance Act 1973, Regulatory Powers Act 2014, Family Assistance Act 1999, National Health Act 1953, Family Law Act 1975, National Cancer Screening Register Act 2016)","Multiple layered categories of 'protected information' with different rules for each type (personal information, relevant identifying information, commercial-in-confidence)","Numerous exceptions and carve-outs to the main offence provision requiring careful navigation","Significant reliance on subordinate 'rules' (legislative instruments) to fill in key operational details — meaning the Act alone doesn't tell you what vaccinations must be reported or within what timeframe","Alternative constitutional bases clause reflecting underlying constitutional complexity of Commonwealth health legislation","Dual penalty regime (criminal offences and civil penalties) operating in parallel with different thresholds and processes","Complex definitions section with interconnected terms that depend on meanings in other legislation","Delegation framework with different authorisation levels for different powers creates administrative complexity"],"plain_english_summary":"## What This Law Does\n\nThe **Australian Immunisation Register Act 2015** creates a national electronic database — the **Australian Immunisation Register (AIR)** — that tracks vaccination records for people in Australia. It started operating on 1 January 2016.\n\n## Who It Affects\n\n- **Every Australian resident** who gets vaccinated — your vaccination history goes into this register\n- **Doctors, nurses, pharmacists and other vaccination providers** — they are *legally required* to report vaccinations to the register or face financial penalties\n- **Parents and guardians** — they can manage records for children under 18 or people who can't manage their own health affairs\n- **Government agencies** — they can use the register to check if people qualify for family payments (like childcare subsidies)\n- **Researchers and public health officials** — they can access aggregated (grouped, non-personal) data to monitor vaccination rates and disease outbreaks\n\n## What the Register Records\n\nThe AIR holds:\n- Your name, date of birth, Medicare number, and other identifying details\n- Every vaccine you've received (including overseas jabs, if reported by an Australian provider)\n- Medical reasons why you *can't* be vaccinated (e.g., allergies or natural immunity from having had a disease)\n- Which doctor or clinic gave you the vaccine\n\n## Key Rules for Vaccination Providers\n\nIf you're a GP, pharmacist, or other approved vaccination provider, you **must** report vaccinations to the register within the timeframe set by government rules. If you don't:\n- The government can demand information from you in writing (you have at least 14 days to respond)\n- You can be fined up to **30 penalty units** (currently around $9,390) per breach\n- You may receive a formal warning before enforcement action kicks in\n\n## Your Privacy Rights\n\nYour vaccination data is sensitive health information and is protected. You can:\n- **Opt out** of receiving reminders about upcoming vaccines\n- **Request** that your records not be shared for certain purposes\n- Feel protected by strong rules — it is a **criminal offence** (up to 2 years in prison or a $37,560 fine, or both) for anyone to improperly use or share your vaccination information\n\nYour data *can* be shared in limited, lawful circumstances — such as for court proceedings, coroner's inquiries, cancer screening registers, or if the Minister decides it's in the public interest.\n\n## Link to Family Payments\n\nThe register is explicitly used to check whether children are up to date with vaccinations for the purposes of **family assistance payments** (e.g., childcare subsidies). This is the legal backbone of the 'No Jab, No Pay' policy framework.\n\n## Why It Matters\n\nThis law centralises Australia's vaccination data in one place, helping the government track disease outbreaks, identify under-vaccinated communities, monitor vaccine effectiveness, and ensure vaccination requirements for government benefits are met — all while maintaining legal protections for your personal health information."}},"importantCases":[],"_links":{"self":"/api/acts/australian-immunisation-register-act-2015","history":"/api/acts/australian-immunisation-register-act-2015/history","analysis":"/api/acts/australian-immunisation-register-act-2015/analysis","conflicts":"/api/acts/australian-immunisation-register-act-2015/conflicts","importantCases":"/api/acts/australian-immunisation-register-act-2015/important-cases","documents":"/api/acts/australian-immunisation-register-act-2015/documents"}}