{"id":"F2018L00828","name":"Family Assistance (Immunisation and Vaccination) (Education) Determination 2018","slug":"family-assistance-immunisation-and-vaccination-education-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97495,"registerId":"commonwealth-F2018L00828-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Assistance (Immunisation and Vaccination) (Education) Determination 2018","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nFamily Assistance (Immunisation and Vaccination) (Education) Determination 2018\n\nmade under section 4 and subsection 6(7) of the A New Tax System (Family Assistance) Act 1999.\n\nCompilation No. 1\n\nCompilation date: 22 June 2024\n\nIncludes amendments: F2024L00732\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Family Assistance (Immunisation and Vaccination) (Education) Determination 2018 that shows the text of the law as amended and in force on 22 June 2024 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\n[Part 1 Preliminary.........................................1](#_Toc516136993)\n\n[1 Name......................................................1](#_Toc516136994)\n\n[3 Authority...................................................1](#_Toc516136996)\n\n[5 Application..................................................1](#_Toc516136998)\n\n[6 Purpose.....................................................1](#_Toc516136999)\n\n[7 Definitions..................................................1](#_Toc516137000)\n\n[Part 2 Immunisation requirements..............................3](#_Toc516137001)\n\n[8 Decision-making principles......................................3](#_Toc516137002)\n\n[9 Refusal of consent to vaccination etc................................3](#_Toc516137003)\n\n[10 Family violence...............................................4](#_Toc516137004)\n\n[11 Permanent humanitarian visa holder................................4](#_Toc516137005)\n\n[12 Child at risk of serious abuse or neglect..............................4](#_Toc516137006)\n\n[13 Unacceptable risk of harm to child or another person....................4](#_Toc516137007)\n\n[14 Notice reminding individual to have child immunised has not yet been received5](#_Toc516137008)\n\n[15 Child born on or after 1 January 2017 who has been vaccinated in accordance with Schedule 3 5](#_Toc516137009)\n\n[Part 3 Vaccination schedules..................................6](#_Toc516137010)\n\n[16 Standard vaccination schedule....................................6](#_Toc516137011)\n\n[17 Catch up vaccination schedule....................................6](#_Toc516137012)\n\n[Schedule 1…..........................................................7](#_Toc516137013)\n\n[Schedule 2……......................................................8](#_Toc516137014)\n\n[Schedule 3………....................................................9](#_Toc516137015)\n\n[Schedule 4….........................................................10](#_Toc516137016)\n\n[Schedule 5….........................................................11](#_Toc166142949)\n\nPart 1 Preliminary\n\n1 Name\n\nThis Determination is the Family Assistance (Immunisation and Vaccination) (Education) Determination 2018.\n\n3 Authority\n\nThis Determination is made under section 4 and subsection 6(7) of the A New Tax System (Family Assistance) Act 1999.\n\n5 Application\n\nThis Determination applies in relation to working out whether:\n\n(a) an individual, is eligible for CCS or ACCS for a session of care provided to a child on a day on or after 2 July 2018; or\n\n(b) an approved provider is eligible for ACCS (child wellbeing) for a session of care provided to a child on a day on or after 2 July 2018.\n\n6 Purpose\n\nThe purpose of this Determination is to set out:\n\n(a) in Part 2, the decision-making principles that the Secretary must comply with when making a determination under subsection 6(6) of the Act that a child meets the immunisation requirements; and\n\n(b) in Part 3, the vaccination schedules for the immunisation of children.\n\n7 Definitions\n\n(1) In this Determination:\n\nAct means the A New Tax System (Family Assistance) Act 1999.\n\napproved provider has the same meaning as in section 3 of the Family Assistance Administration Act.\n\nAustralian Immunisation Handbook means the Australian Immunisation Handbook, published by the National Health and Medical Research Council, and as in force from time to time.\n\nFamily Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.\n\nfamily violence has the same meaning as in section 4AB of the Family Law Act 1975.\n\nHib means Haemophilus influenzae type b.\n\nlisted medical practitioner means a medical practitioner whose name has been given to the Commonwealth Chief Medical Officer by the Chief Health Officer of a State or Territory for the purpose of giving certificates under section 13 of this Determination.\n\nmember of the immediate family means a person who is a partner, child, parent, grandparent, grandchild or sibling of the person.\n\nNational Health and Medical Research Council means the council established by section 5B of the National Health and Medical Research Council Act 1992.\n\npermanent humanitarian visa has the same meaning as in regulation 1.03 of the Migration Regulations 1994, as in force from time to time.\n\nNote 1 Other terms used in this Determination are defined in the Act (see subsection 3(1)), including:\n\n-   ACCS;\n-   CCS;\n-   immunised;\n-   medical practitioner;\n-   partner; and\n-   recognised immunisation provider.\n\nNote 2 As of 6 June 2024, the Australian Immunisation Handbook can be found at: https://immunisationhandbook.health.gov.au/\n\n(2) A reference in this Determination to a child meeting the usual immunisation requirements is a reference to the child meeting the immunisation requirements by reason of subsection 6(2), 6(3), 6(4) or 6(5) of the Act.\n\nPart 2 Immunisation requirements\n\n8 Decision-making principles\n\n(1) The Secretary may make a determination under subsection 6(6) of the Act if, and only if, the Secretary is satisfied that the requirements in section 9, 10, 11, 12, 13, 14 or 15 of this Determination are met.\n\n(2) If, when making a determination under subsection 6(6) of the Act in relation to a child, the Secretary is satisfied that the child is likely to meet the usual immunisation requirements within a particular period, the Secretary must make the determination for no longer than that period.\n\nNote The Secretary is able to make another determination under subsection 6(6) of the Act in relation to the child at the end of the period.\n\n(3) If the Secretary makes a determination under subsection 6(6) of the Act in relation to a child because the Secretary is satisfied that the requirements in section 11 of this Determination are met, the Secretary must make the determination for no longer than 6 months after the child’s first entry into Australia.\n\n(4) If, while a determination under subsection 6(6) of the Act is in force in relation to a child, the Secretary is satisfied that the child meets the usual immunisation requirements, the Secretary must revoke the determination.\n\nNote Subsection 33(3) of the Acts Interpretation Act 1901 applies to the revocation of a determination made under subsection 6(6) of the Act.\n\n9 Refusal of consent to vaccination etc.\n\n(1) The requirements of this section are met if:\n\n(a) the child is in the care of a person whose eligibility for CCS is being assessed (claimant); and\n\n(b) neither the claimant nor the claimant’s partner has legal authority to make decisions about the medical treatment of the child; and\n\n(c) where the child is aged under 14 years—a person (other than the child) with legal authority to make decisions about the medical treatment of the child has refused, or failed within a reasonable time, to provide consent to the claimant taking actions to enable the child to meet the usual immunisation requirements; and\n\n(d) where the child is aged at least 14 years—the child has refused, or failed within a reasonable time, to provide consent to the claimant taking actions to enable the child to meet the usual immunisation requirements.\n\n10 Family violence\n\nThe requirements of this section are met if there is a risk that:\n\n(a) the individual whose eligibility for CCS is being assessed; or\n\n(b) the child; or\n\n(c) a member of the immediate family of the individual or the child;\n\nwould be subject to family violence if the individual took action to enable the child to meet the usual immunisation requirements.\n\n11 Permanent humanitarian visa holder\n\nThe requirements of this section are met if:\n\n(a) the individual, whose eligibility for CCS is being assessed, is the holder of a permanent humanitarian visa; and\n\n(b) no more than 6 months have passed since the child’s first entry to Australia.\n\nNote A determination made for these reasons can only be in force for a maximum of 6 months after the child first enters Australia: see subsection 8(3) of this Determination.\n\n12 Child at risk of serious abuse or neglect\n\nThe requirements of this section are met if:\n\n(a) an approved provider’s eligibility for ACCS (child wellbeing) is being assessed; and\n\n(b) the child is at risk of serious abuse or neglect; and\n\n(c) if the Secretary did not make the determination, the risk to the child of serious abuse or neglect would be increased.\n\n13 Unacceptable risk of harm to child or another person\n\nThe requirements of this section are met if:\n\n(a) a listed medical practitioner has certified in writing, in a form and manner, if any, required by the Secretary, that, for the reasons set out in the certificate, immunisation of the child would result in an unacceptable risk of physical harm to the child or a person administering a vaccination to the child; and\n\n(b) the Commonwealth Chief Medical Officer has certified in writing that he or she agrees with the listed medical practitioner.\n\nExample A child with a disruptive behavioural disorder or developmental disorder who reacts with aggression or defiant behaviour when faced with a medical procedure.\n\nNote Subsection 6(3) of the Act provides that a child meets the immunisation requirements if immunisation of the child would be medically contraindicated, the child has developed natural immunity, or the child is participating in a vaccine study.\n\n14 Notice reminding individual to have child immunised has not yet been received\n\n(1) The requirements of this section are met if:\n\n(a) the child has ceased to be immunised as described in subsection 6(2) of the Act because the child has missed a vaccination that was required within one month of an age set out in column 2 of a standard vaccination schedule in Part 3 of this Determination; and\n\n(b) the day specified as the date of the notice referred in subsection (2) of this section that is to be given to an individual or approved provider, whose eligibility for CCS or ACCS is being assessed, as applicable, has not yet occurred (including because the notice has not yet been received by the individual).\n\n(2) The notice referred to in paragraph (1)(b) is a notice that informs the individual or approved provider of the following:\n\n(a) the fact that the child does not meet the immunisation requirements as referred in subsection 6(2) of the Act;\n\n(b) the requirement for the child to meet the immunisation requirements before the end of the immunisation grace period referred to in subsection 67CD(9) of the Family Assistance Administration Act; and\n\n(c) the fact that the individual or approved provider may not be entitled to CCS or ACCS payments if the child is not immunised before the end of the immunisation grace period.\n\n15 Child born on or after 1 January 2017 who has been vaccinated in accordance with Schedule 3\n\nThe requirements of this section are met if:\n\n(a) the child is born on or after 1 January 2017 and before 1 February 2018; and\n\n(b) the child has not received the vaccinations in accordance with Schedule 4 to this Determination for Pneumococcal and Hib; and\n\n(c) the child has received the vaccinations in accordance with Schedule 3 to this Determination (including for Pneumococcal and Hib).\n\nPart 3 Vaccination schedules\n\n16 Standard vaccination schedule\n\n(1) For paragraph (a) of the definition of immunised in subsection 3(1) of the Act, the standard vaccination schedule for a child is determined by the following table.\n\n| If the child was born…                               | … then the standard vaccination schedule for the child is the schedule set out in the following Schedule to this Determination |\n| ---------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------ |\n| on or after 1 May 1998 and before 1 July 2012        | Schedule 1                                                                                                                     |\n| on or after 1 July 2012 and before 1 October 2014    | Schedule 2                                                                                                                     |\n| on or after 1 October 2014 and before 1 January 2017 | Schedule 3                                                                                                                     |\n| on or after 1 January 2017 and before 1 July 2024    | Schedule 4                                                                                                                     |\n| on or after 1 July 2024                              | Schedule 5                                                                                                                     |\n\n(2) The following paragraphs form part of the standard vaccination schedules mentioned in subsection (1):\n\n(a) a child must receive a vaccination against each antigen or disease mentioned in column 3 of an item of the standard vaccination schedule for the child no later than one month after reaching the age mentioned in column 2 for that item; and\n\n(b) the vaccine for the vaccination against each antigen or disease mentioned in the standard vaccination schedule for a child must be, if the child receives the vaccination in Australia:\n\n(i) administered to the child by a recognised immunisation provider; and\n\n(ii) registered as a vaccine on the Australian Register of Therapeutic Goods established under section 9A of the Therapeutic Goods Act 1989.\n\n17 Catch up vaccination schedule\n\n(1) For paragraph (b) of the definition of immunised in subsection 3(1) of the Act, the catch up vaccination schedule for a child is the catch up vaccination schedule for the child determined in accordance with the Australian Immunisation Handbook, to the extent that the schedule relates to the antigens and diseases mentioned in column 3 of Schedules 1 to 5 to this Determination (relevant antigens and diseases).\n\nNote 1 As of 6 June 2024, the Australian Immunisation Handbook can be found at: https://immunisationhandbook.health.gov.au/\n\nNote 2 It is intended that the timing of catch up vaccinations will be individual to the particular child after appropriate consideration by the recognised immunisation provider of any diseases or antigens the child may already have been vaccinated against.\n\nSchedule 1 Standard vaccination schedule  \n– child born on or after 1 May 1998  \nand before 1 July 2012\n\n| Column 1 | Column 2    | Column 3                                                         |\n| -------- | ----------- | ---------------------------------------------------------------- |\n| Item     | Child’s age | Antigen or disease                                               |\n| 1        | 2 months    | DiphtheriaTetanusPertussisPolioHibHepatitis B*                   |\n| 2        | 4 months    | DiphtheriaTetanusPertussisPolioHibHepatitis B*                   |\n| 3        | 6 months    | DiphtheriaTetanusPertussisPolioHibHepatitis B (or at 12 months)* |\n| 4        | 12 months   | MeaslesMumpsRubellaHibHepatitis B (or at 6 months)*              |\n| 5        | 4 years     | DiphtheriaTetanusPertussisPolioMeaslesMumpsRubella               |\n\n\\* Note Hepatitis B is required for a child born on or after 1 May 2000\n\nSchedule 2 Standard vaccination schedule  \n– child born on or after 1 July 2012  \nand before 1 October 2014\n\n| Column 1 | Column 2    | Column 3                                                                    |\n| -------- | ----------- | --------------------------------------------------------------------------- |\n| Item     | Child’s age | Antigen or disease                                                          |\n| 1        | 2 months    | DiphtheriaTetanusPertussisPolioHibHepatitis BPneumococcal                   |\n| 2        | 4 months    | DiphtheriaTetanusPertussisPolioHibHepatitis BPneumococcal                   |\n| 3        | 6 months    | DiphtheriaTetanusPertussisPolioHibHepatitis B (or at 12 months)Pneumococcal |\n| 4        | 12 months   | MeaslesMumpsRubellaHibHepatitis B (or at 6 months)Meningococcal C           |\n| 5        | 18 months   | MeaslesMumpsRubellaVaricella                                                |\n| 6        | 4 years     | DiphtheriaTetanusPertussisPolio                                             |\n\nSchedule 3 Standard vaccination schedule  \n– child born on or after 1 October 2014  \nand before 1 January 2017\n\n| Column 1 | Column 2    | Column 3                                                  |\n| -------- | ----------- | --------------------------------------------------------- |\n| Item     | Child’s age | Antigen or disease                                        |\n| 1        | 2 months    | DiphtheriaTetanusPertussisPolioHibHepatitis BPneumococcal |\n| 2        | 4 months    | DiphtheriaTetanusPertussisPolioHibHepatitis BPneumococcal |\n| 3        | 6 months    | DiphtheriaTetanusPertussisPolioHibHepatitis BPneumococcal |\n| 4        | 12 months   | MeaslesMumpsRubellaHibMeningococcal C                     |\n| 5        | 18 months   | MeaslesMumpsRubellaVaricellaDiphtheriaTetanusPertussis    |\n| 6        | 4 years     | DiphtheriaTetanusPertussisPolio                           |\n\nSchedule 4 Standard vaccination schedule  \n– child born on or after 1 January 2017  \nand before 1 July 2024\n\n| Column 1 | Column 2    | Column 3                                                    |\n| -------- | ----------- | ----------------------------------------------------------- |\n| Item     | Child’s age | Antigen or disease                                          |\n| 1        | 2 months    | DiphtheriaTetanusPertussisPolioHibHepatitis BPneumococcal   |\n| 2        | 4 months    | DiphtheriaTetanusPertussisPolioHibHepatitis BPneumococcal   |\n| 3        | 6 months    | DiphtheriaTetanusPertussisPolioHibHepatitis B               |\n| 4        | 12 months   | MeaslesMumpsRubellaPneumococcal* Meningococcal C            |\n| 5        | 18 months   | MeaslesMumpsRubellaVaricellaDiphtheriaTetanusPertussisHib** |\n| 6        | 4 years     | DiphtheriaTetanusPertussisPolio                             |\n\n\\* Note 1 a child born on or after1 January 2017 and before 1 February 2018 who has already received the third vaccination against Pneumococcal in accordance with item 3 of Schedule 3 at 6 months, is not required to receive another vaccination against Pneumococcal in accordance with this Schedule for purposes of meeting the immunisation requirements for CCS or ACCS.\n\n\\*\\* Note 2 A child born on or after 1 January 2017 and before 1 February 2018 who has already received the fourth vaccination against Hib in accordance with item 4 of Schedule 3 at 12 months, is not required to receive another vaccination against Hib in accordance with this Schedule for purposes of meeting the immunisation requirements for CCS or ACCS\n\nSchedule 5 Standard vaccination schedule  \n– child born on or after 1 July 2024\n\n| Column 1 | Column 2    | Column 3                                                                                        |\n| -------- | ----------- | ----------------------------------------------------------------------------------------------- |\n| Item     | Child’s age | Antigen or disease                                                                              |\n| 1        | 2 months    | DiphtheriaTetanusPertussisPolioHibHepatitis BPneumococcal                                       |\n| 2        | 4 months    | DiphtheriaTetanusPertussisPolioHibHepatitis BPneumococcal                                       |\n| 3        | 6 months    | DiphtheriaTetanusPertussisPolioHibHepatitis B                                                   |\n| 4        | 12 months   | MeaslesMumpsRubellaPneumococcalMeningococcal AMeningococcal CMeningococcal W-135Meningococcal Y |\n| 5        | 18 months   | MeaslesMumpsRubellaVaricellaDiphtheriaTetanusPertussisHib                                       |\n| 6        | 4 years     | DiphtheriaTetanusPertussisPolio                                                                 |\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | orig = original                     |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | par = paragraph(s)/subparagraph(s)  |\n| amdt = amendment                               | /sub‑subparagraph(s)                |\n| c = clause(s)                                  | pres = present                      |\n| C[x] = Compilation No. x                       | prev = previous                     |\n| Ch = Chapter(s)                                | (prev…) = previously                |\n| def = definition(s)                            | Pt = Part(s)                        |\n| Dict = Dictionary                              | r = regulation(s)/rule(s)           |\n| disallowed = disallowed by Parliament          | reloc = relocated                   |\n| Div = Division(s)                              | renum = renumbered                  |\n| exp = expires/expired or ceases/ceased to have | rep = repealed                      |\n| effect                                         | rs = repealed and substituted       |\n| F = Federal Register of Legislation            | s = section(s)/subsection(s)        |\n| gaz = gazette                                  | Sch = Schedule(s)                   |\n| LA = Legislation Act 2003                      | Sdiv = Subdivision(s)               |\n| LIA = Legislative Instruments Act 2003         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n| o = order(s)                                   | commenced or to be commenced        |\n| Ord = Ordinance                                |                                     |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                      | Registration               | Commencement | Application, saving and transitional provisions |\n| ----------------------------------------------------------------------------------------- | -------------------------- | ------------ | ----------------------------------------------- |\n| Family Assistance (Immunisation and Vaccination) (Education) Determination 2018           | 22 June 2018 (F2018L00828) | 2 July 2018  |                                                 |\n| Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024 | 21 June 2024 (F2024L00732) | 22 June 2024 |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected   |\n| ------------------ | -------------- |\n| s 2                | rep LA s 48D   |\n| s 4                | rep LA s 48C   |\n| s 7                | am F2024L00732 |\n| s 16               | am F2024L00732 |\n| s 17               | am F2024L00732 |\n| Schedule 4         | am F2024L00732 |\n| Schedule 5         | ad F2024L00732 |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Determination remains focused on its original purpose: prescribing decision‑making principles for Secretary determinations and setting the vaccination schedules used to determine immunisation status for CCS/ACCS (s6). Recent amendments (noted in the compilation history) update definitions and the vaccine schedules (Schedules 4 and 5) to reflect changes in vaccine practice and cohorts, but these are updates within the Determination’s original scope rather than a substantive expansion of its purpose or coverage."},"complexity_factors":["Multiple cross‑references to the A New Tax System (Family Assistance) Act 1999 and the Family Assistance Administration Act","Seven distinct discretionary/exception grounds in Part 2 (s9–s15) with different evidentiary and timing rules","Five separate standard vaccination schedules (Schedules 1–5) linked to birthdate ranges (s16)","Catch‑up schedule depends on an external, changeable document (Australian Immunisation Handbook) (s17)","Certificates for medical exemption require dual sign‑off: listed medical practitioner and Commonwealth Chief Medical Officer (s13)","Operational requirements for recognised immunisation providers and ARTG registration (s16(2))","Time‑limited determinations and mandatory revocation conditions (s8(2)–(4))","Amendment history and transitional notes (e.g. 2017–2018 cohort exceptions) add conditional rules","Dependence on State/Territory lists (listed medical practitioners) and inter‑jurisdictional coordination (s7, s13)"],"plain_english_summary":"**What this Determination does (mechanically)**\n\n- Sets rules the Commonwealth Department (the Secretary) must follow when deciding that a child “meets the immunisation requirements” for family assistance purposes (Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS)) (see Purpose, s6; Decision‑making principles, s8).\n- Lists the specific grounds on which the Secretary may make such a determination when a child is not already meeting the usual immunisation rules (s9–s15). Those grounds include: lack of legal authority or consent to vaccinate (s9), risk of family violence (s10), recent arrival as a permanent humanitarian visa holder (s11), child‑welfare concerns for ACCS (child wellbeing) (s12), a medical certification that vaccination would create an unacceptable risk (s13), and a short delay where a formal reminder notice has not yet been received (s14). A transitional limited exception applies to some children born in 2017–2018 who followed an older schedule (s15).\n- Specifies the standard vaccination schedules that determine what counts as “immunised” for different cohorts of children based on date of birth (Schedules 1–5; s16). It also ties catch‑up vaccination requirements to the Australian Immunisation Handbook (s17).\n- Adds operational requirements for how vaccinations must be given for the Determination to recognise them: where given in Australia they must be administered by a recognised immunisation provider and use a vaccine that is registered on the Australian Register of Therapeutic Goods (s16(2)).\n\n**Who this affects**\n\n- Parents or guardians (claimants) whose entitlement to CCS or ACCS is being assessed — they risk losing subsidy entitlement if a child does not meet the immunisation requirements except where one of the Determination’s grounds applies (s5, s14).\n- Approved childcare providers whose eligibility for ACCS (child wellbeing) is being assessed (s5, s12).\n- Children, through classification into the correct vaccination schedule by birth date (s16 and Schedules 1–5).\n- Medical practitioners listed by State/Territory Chief Health Officers (listed medical practitioners) and the Commonwealth Chief Medical Officer, because both must sign particular medical exemptions (s13).\n- Recognised immunisation providers and vaccine suppliers, because vaccines must be registered and administered by recognised providers to satisfy the Determination (s16(2)).\n\n**Why it matters (stated purpose and practical effects)**\n\n- The Determination’s stated purpose is to set the Secretary’s decision‑making principles for exemptions and to specify the vaccination schedules used to determine immunisation status for childcare subsidy eligibility (s6).\n- Practical effect: the Determination creates conditional exceptions to the usual statutory immunisation test used for child care subsidies. Where an exception applies, the Secretary may (subject to time limits and proof) treat the child as meeting the immunisation requirements so CCS/ACCS can continue to be paid for sessions of care (s8, s11(3), s8(3), s8(4)).\n\n**Costs, incentives and trade‑offs (mechanical and administrative)**\n\n- Financial incentives and private choice: the Determination links payment of government childcare subsidies (CCS/ACCS) to children meeting specified immunisation schedules. That creates a direct financial incentive for claimants to have eligible vaccinations recorded for subsidy receipt (see s5, s16).\n- Compliance burden on families: claimants must (a) ensure vaccinations are recorded as given by a recognised immunisation provider using registered vaccines (s16(2)), or (b) obtain specified written certificates (for medical exemptions: s13) or rely on an assessed circumstance (s9–s12, s14, s15). The Determination requires proof and possible interaction with multiple officials (listed medical practitioner, State/Territory Chief Health Officer lists, Commonwealth Chief Medical Officer, Departmental Secretary) (s7, s13).\n- Administrative discretion and timing constraints: the Secretary’s decisions are subject to the Secretary being “satisfied” the particular statutory requirements are met (s8(1)). Time‑limited determinations are mandated in some cases (e.g. up to 6 months for permanent humanitarian entrants, s8(3) and s11). The Secretary must revoke a determination if the child later meets the usual immunisation requirements (s8(4)). These features concentrate decision power in the administration and create ongoing record‑checking requirements.\n- Reliance on external, evolving documents: catch‑up rules refer to the Australian Immunisation Handbook (s17) and vaccines must be registered on the ARTG — both are external, changeable sources. That means the operational content of the Determination can change without amendment to the Determination itself, creating a shifting compliance target for parents and providers.\n- Provider effects: approved childcare providers’ eligibility for ACCS (child wellbeing) can hinge on whether a child meets immunisation tests and whether a Departmental determination is made (s5, s12). That can affect the provider’s subsidy income for particular sessions and therefore financial planning, but the Determination does not itself require providers to refuse care — it governs subsidy eligibility.\n- Verification and medical certification process: where immunisation is claimed to be unsafe, the Determination requires two written certificates — one from a state‑nominated listed medical practitioner and one from the Commonwealth Chief Medical Officer (s13). That imposes a small institutional bottleneck but also creates a formal standard for medical exemptions.\n\n**Implementation risks and likely points of friction**\n\n- Administrative delay in issuing required notices (the Determination recognises a short period where a reminder notice has not yet been received, s14).\n- Dependence on lists maintained by State/Territory Chief Health Officers (for listed medical practitioners) and on the Commonwealth Chief Medical Officer’s concurrence for medical exemptions (s7, s13) — potential coordination and timing issues.\n- Changing vaccination schedules (Schedules 1–5) require claimants and providers to determine which schedule applies by birth date and to follow the Australian Immunisation Handbook for catch‑up; this increases the need for accurate records and for Departmental processing to reference up‑to‑date external guidance (s16, s17).\n\n**Concrete mechanics to watch (key sections)**\n\n- Who decides: the Secretary makes determinations under subsection 6(6) of the A New Tax System (Family Assistance) Act 1999, but only if one of the grounds in s9–s15 is satisfied (s8(1)).\n- Time limits: some determinations must be limited in duration (s8(2)–(3)); a determination must be revoked if the child later meets the usual immunisation requirements (s8(4)).\n- Medical exemption: requires certification by a listed medical practitioner and agreement by the Commonwealth Chief Medical Officer (s13).\n- Vaccination proof: vaccinations given in Australia must be by a recognised immunisation provider and use vaccines registered on the ARTG (s16(2)).\n- Schedules: which vaccine series applies depends on the child’s date of birth (s16 and Schedules 1–5). Catch‑up follows the Australian Immunisation Handbook (s17).\n\nThis summary describes the Determination’s legal mechanics, the parties who will be engaged by it, and the administrative and market effects it creates. It does not assess the policy merits; it identifies where the Determination imposes administrative requirements, time limits, and external dependencies that affect families, providers and medical certifiers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original scope. The 2024 amendment added Schedule 5 for children born on or after 1 July 2024 (incorporating the meningococcal ACWY vaccine) and updated references to the Australian Immunisation Handbook. This represents a routine update to reflect current medical standards rather than scope creep. The core framework—linking childcare subsidies to immunisation with specific exceptions—remains unchanged from the 2018 original intent."},"complexity_factors":["Multiple cross-references to primary legislation (A New Tax System (Family Assistance) Act 1999 and Administration Act)","Five different vaccination schedules based on birth date ranges, with specific antigen requirements at specific ages","Conditional logic with nested exceptions (e.g., section 15 has three cumulative conditions for transitional arrangements)","External document incorporation (Australian Immunisation Handbook 'as in force from time to time')","Dual certification requirement for medical exceptions (both listed medical practitioner AND Commonwealth Chief Medical Officer)","Age-dependent consent rules (different thresholds for children under 14 vs 14+ in section 9)","Time-limited determinations with automatic revocation triggers (section 8)","Specific notes and caveats within schedules (e.g., Hepatitis B conditional on birth date, Schedule 4 notes about Pneumococcal and Hib exemptions for early 2017 births)"],"plain_english_summary":"This Determination ties eligibility for government childcare subsidies to a child’s vaccination status, sets birth‑date–based vaccine schedules, and defines limited exceptions allowing subsidies when vaccination isn’t feasible. It affects parents/carers, childcare providers who claim subsidies, and children whose families rely on CCS/ACCS.\n\nIts practical impact is financial: non‑compliance can cut subsidy support for childcare costs, while targeted exceptions (medical, safety, consent, refugee/transitional circumstances) recognize real‑world barriers to vaccination."}},"importantCases":[],"_links":{"self":"/api/acts/family-assistance-immunisation-and-vaccination-education-determination-2018","history":"/api/acts/family-assistance-immunisation-and-vaccination-education-determination-2018/history","analysis":"/api/acts/family-assistance-immunisation-and-vaccination-education-determination-2018/analysis","conflicts":"/api/acts/family-assistance-immunisation-and-vaccination-education-determination-2018/conflicts","importantCases":"/api/acts/family-assistance-immunisation-and-vaccination-education-determination-2018/important-cases","documents":"/api/acts/family-assistance-immunisation-and-vaccination-education-determination-2018/documents"}}