{"id":"F2018L00876","name":"Family Assistance (Immunisation Principles and Vaccination Schedules) (DSS) Determination 2018","slug":"family-assistance-immunisation-principles-and-vaccination-schedules-dss-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97552,"registerId":"commonwealth-F2018L00876-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":"division","heading":"Name of Determination","content":"### 1 \n\n#### Name of Determination\n\nThis Determination is the Family Assistance (Immunisation Principles and Vaccination Schedules) (DSS) Determination 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"division","heading":"Authority","content":"### 3 \n\n#### Authority\n\nThis Determination is made under section 4 and subsection 6(7) of the A New Tax System (Family Assistance) Act 1999.","sortOrder":2},{"sectionNumber":"5","sectionType":"division","heading":"Savings","content":"### 5 \n\n#### Savings\n\nDespite the revocation of the Family Assistance (Meeting the Immunisation Requirements) Principles 2015 in section 4 (and without limiting the effect of item 8 of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017), that instrument continues to apply in relation to working out whether an individual, or an approved child care service, is eligible for child care benefit or child care rebate in respect of a session of care that occurs before, and on, 1 July 2018.","sortOrder":3},{"sectionNumber":"6","sectionType":"division","heading":"Application","content":"### 6 \n\n#### Application\n\nThis Determination applies in relation to working out an individual’s rate of family tax benefit.","sortOrder":4},{"sectionNumber":"7","sectionType":"division","heading":"Purpose","content":"### 7 \n\n#### 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.","sortOrder":5},{"sectionNumber":"8","sectionType":"division","heading":"Definitions","content":"### 8 \n\n#### Definitions\n\n(1) In this Determination:\n\n> Act means the A New Tax System (Family Assistance) Act 1999.\n\n> Australian 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\n> family violence has the same meaning as in section 4AB of the Family Law Act 1975.\n\n> Hib means Haemophilus influenzae type b.\n\n> listed 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\n> member of the immediate family means a person who is a partner, child, parent, grandparent, grandchild or sibling of the person.\n\n> National Health and Medical Research Council means the council established by section 5B of the National Health and Medical Research Council Act 1992.\n\n> permanent humanitarian visa has the same meaning as in regulation 1.03 of the Migration Regulations 1994, as in force from time to time.\n\n> Note 1 Other terms used in this Determination are defined in subsection 3(1) of the Act, including:\n\n> Note: (a) immunised;\n\n> Note: (b) medical practitioner;\n\n> Note: (c) partner; and\n\n> Note: (d) recognised immunisation provider.\n\n> Note 2 As of 4 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 subsections 6(2), 6(3), 6(4) or 6(5) of the Act.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Immunisation requirements","content":"## Part 2—Immunisation requirements","sortOrder":7},{"sectionNumber":"9","sectionType":"division","heading":"Decision-making principles","content":"### 9 \n\n#### 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 10, 11, 12, 13 or 14 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\n> Note 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 12 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\n> Note Subsection 33(3) of the Acts Interpretation Act 1901 applies to the revocation of a determination made under subsection 6(6) of the Act.","sortOrder":8},{"sectionNumber":"10","sectionType":"division","heading":"Refusal of consent to vaccination etc.","content":"### 10 \n\n#### Refusal of consent to vaccination etc.\n\nThe requirements of this section are met if:\n\n(a) an individual has care of the child under a State/Territory child welfare law; and\n\n(b) neither the individual nor the individual’s partner has legal authority to make decisions about the medical treatment of the child; and\n\n(c) if 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 individual taking actions to enable the child to meet the usual immunisation requirements; and\n\n(d) if the child is aged at least 14 years, the child has refused, or failed within a reasonable time, to provide consent to the individual taking actions to enable the child to meet the usual immunisation requirements.","sortOrder":9},{"sectionNumber":"11","sectionType":"division","heading":"Family violence","content":"### 11 \n\n#### Family violence\n\nThe requirements of this section are met if there is a risk that:\n\n(a) an individual who has care of the child; 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.","sortOrder":10},{"sectionNumber":"12","sectionType":"division","heading":"Permanent humanitarian visa holder","content":"### 12 \n\n#### Permanent humanitarian visa holder\n\nThe requirements of this section are met if:\n\n(a) an individual has care of the child and 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\n> Note 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 9(3) of this Determination.","sortOrder":11},{"sectionNumber":"13","sectionType":"division","heading":"Unacceptable risk of harm to child or another person","content":"### 13 \n\n#### Unacceptable risk of harm to child or another person\n\n  The 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\n> Note: Example A child with a disruptive behavioural disorder or developmental disorder who reacts with aggression or defiant behaviour when faced with a medical procedure.\n\n> Note 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.","sortOrder":12},{"sectionNumber":"14","sectionType":"division","heading":"Child born on or after 1 January 2017 who has been vaccinated in accordance with Schedule 3","content":"### 14 \n\n#### 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;\n\n(b) the child has not received the vaccinations in accordance with Schedule 4 for Pneumococcal and Hib; and\n\n(c) the child has received the vaccinations in accordance with Schedule 3 (including for Pneumococcal and Hib).","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Vaccination schedules","content":"## Part 3—Vaccination schedules","sortOrder":14},{"sectionNumber":"15","sectionType":"division","heading":"Standard vaccination schedule","content":"### 15 \n\n#### 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 maintained under section 9A of the Therapeutic Goods Act 1989.","sortOrder":15},{"sectionNumber":"16","sectionType":"division","heading":"Catch up vaccination schedule","content":"### 16 \n\n#### Catch up vaccination schedule\n\nFor 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\n> Note 1 As of 4 June 2024, the Australian Immunisation Handbook can be found at: https://immunisationhandbook.health.gov.au/\n\n> Note 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.","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Determination remains within the original, instrument-level purpose: it prescribes the decision-making principles for Secretary determinations about whether a child meets the Act’s immunisation requirements and it sets vaccination schedules for that purpose (s7). It replaces the 2015 instrument for future cases while preserving the old instrument for sessions of care before/on 1 July 2018 (s5). The insertion of later schedules (Schedules 4 and 5) and tying catch-up timing to the Australian Immunisation Handbook updates the technical content and timing coverage, but does not materially expand the Determination’s legal scope beyond its established purpose of defining immunisation requirements for family assistance."},"complexity_factors":["5 substantive Parts (Preliminary, Immunisation requirements, Vaccination schedules, plus Schedules 1–5 referenced)","Multiple cross-references to other legislation and instruments (A New Tax System (Family Assistance) Act 1999; Family Law Act 1975 s4AB; Migration Regulations reg 1.03; Therapeutic Goods Act 1989 s9A; Australian Immunisation Handbook)","8 defined terms in the instrument’s definitions section (and reliance on additional definitions from the Act) (s8)","Conditional decision-making rules with time limits and revocation mechanics (ss9(1)–(4))","Five chronological vaccine schedules (Schedules 1–5) whose applicability depends on date of birth (s15(1))","Nested exemption types with differing evidentiary requirements (ss10–14) — e.g. written certificates plus CMO agreement required for medical risk (s13)","Reliance on external, dynamically changing source (Australian Immunisation Handbook) for catch-up timing (s16)","Administrative nomination step for listed medical practitioners (state/territory CHOs to Commonwealth CMO) (s8, s13)","Savings and transitional provisions preserving prior instrument for specified past dates (s5)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It sets the rules the Department Secretary must follow when deciding that a child meets the immunisation requirements used to calculate a person’s Family Tax Benefit rate (see s6 and s7). (Those immunisation requirements are part of the A New Tax System (Family Assistance) Act 1999 — called “the Act” in this instrument.)\n- It specifies the vaccination schedules that count as “immunised” for children born in different date ranges — five schedules are referenced (Schedules 1–5) and which schedule applies depends on the child’s date of birth (s15(1)).\n- It prescribes a set of specific grounds on which the Secretary may (only if satisfied) determine a child meets the immunisation requirements even if the child has not followed the standard schedule — including refusal of consent in child-welfare cases, family violence risk, recent arrival on a permanent humanitarian visa, medical-risk certificates, and a limited transitional rule for certain children born in 2017–2018 (ss9–14).\n- It adopts the Australian Immunisation Handbook as the source for catch‑up vaccination timing (s16) and requires vaccines given in Australia to be administered by a recognised immunisation provider and be registered on the Australian Register of Therapeutic Goods (s15(2)).\n\n**Who this affects**\n\n- Parents, carers and other individuals whose Family Tax Benefit rate depends on a child meeting the immunisation requirements (s6, s7).\n- Children whose date of birth determines which schedule applies (s15(1)).\n- Recognised immunisation providers who administer vaccines (s15(2)(b)).\n- Medical practitioners who may be asked to certify medical risk, and the Commonwealth Chief Medical Officer who must agree with such certificates (s13; definitions at s8).\n- State and Territory Chief Health Officers who nominate listed medical practitioners to the Commonwealth Chief Medical Officer (s8 definition of listed medical practitioner).\n\n**Why it matters (purpose claimed by the instrument and mechanical effects)**\n\n- The instrument says its purpose is to set out the decision-making principles the Secretary must follow for determinations under subsection 6(6) of the Act and to set vaccination schedules (s7). Mechanically, those rules determine whether a child is counted as meeting immunisation requirements for the purpose of Family Tax Benefit calculation (s6). That, in turn, affects the dollar amount a household receives.\n\n**Key decision rules and time limits**\n\n- The Secretary may make a determination only if satisfied that one of the specific grounds in ss10–14 is met (s9(1)).\n- If the Secretary is satisfied the child is likely to meet the usual immunisation requirements within a particular period, any determination must be limited to no longer than that period (s9(2)).\n- A determination made because the child is a recent entrant on a permanent humanitarian visa cannot last longer than 6 months after the child first entered Australia (ss9(3), 12).\n- If the Secretary later becomes satisfied the child meets the usual immunisation requirements, the determination must be revoked (s9(4)).\n\n**What counts as grounds for a determination (briefly)**\n\n- Refusal of consent: where a person with care (under state/territory child-welfare law) lacks authority to make medical decisions and the person with legal authority refuses or fails to consent (s10).\n- Family violence: where taking action to meet immunisation requirements would expose the carer, child, or immediate family member to a risk of family violence (s11).\n- Permanent humanitarian visa: carer holds such a visa and the child arrived no more than 6 months ago (s12).\n- Medical risk: a listed medical practitioner certifies that vaccination would create an unacceptable risk of physical harm to the child or the vaccinator, and the Commonwealth Chief Medical Officer agrees in writing (s13).\n- Transitional rule for certain 2017-born children: allows recognition where a child was vaccinated under an earlier schedule but not the later pneumococcal/Hib schedule (s14).\n\n**Interaction with other instruments and administration**\n\n- The instrument cross-references the Act, the Australian Immunisation Handbook, the Therapeutic Goods Act (for registration of vaccines), the Family Law Act (definition of family violence), and the Migration Regulations (definition of permanent humanitarian visa) (s8, s15(2)(b), notes).\n- It keeps a limited savings provision so the earlier 2015 instrument still governs child care benefit/rebate sessions on or before 1 July 2018 (s5).\n- A listed medical practitioner must be nominated by the State/Territory Chief Health Officer to the Commonwealth Chief Medical Officer to be able to give the medical-risk certificates that trigger s13 (s8 definition; s13).\n\n**Costs, incentives, trade-offs and likely behavioural effects (mechanisms — with sections cited)**\n\n- Who decides and who pays: the Secretary (the Department) decides whether a child meets the immunisation test for Family Tax Benefit (s9). The direct fiscal effect is on family payments: households may receive a different Family Tax Benefit rate depending on whether a child is treated as meeting the immunisation requirement (s6).\n- Incentives on parents/carers: the instrument creates legal pathways for parents/carers to obtain determinations that preserve benefit entitlements where vaccination is not practicable or safe (ss10–14). This may encourage use of those pathways (for example, seeking a medical certificate under s13 or relying on family-violence declarations under s11) when parents wish to avoid the standard schedule.\n- Administrative and compliance costs: affected families may incur time and cost to obtain written medical certificates (s13), liaise with state health officers (s8), or provide evidence of visa arrival dates (s12). The Department must assess and verify claims and certificates (s9), entailing administrative workload. Providers must record and administer vaccines within the one‑month timing in the schedules (s15(2)(a)) and use registered vaccines (s15(2)(b)).\n- Effect on private providers and competition: vaccines given in Australia must be administered by a recognised immunisation provider and be ARTG‑registered (s15(2)). That requirement limits use to providers and vaccines that meet regulatory registration and recognition rules; it does not itself create new registration requirements but ties eligibility to existing regulatory frameworks (s15(2)(b)). Independent clinicians who are not recognised immunisation providers may need to ensure recognition if they wish their vaccinations to count for the family assistance test.\n- Bureaucratic discretion and verification risk: the Secretary’s power is tied to satisfaction of specified conditions (s9(1)), but the wording (“satisfied”) leaves a degree of administrative judgment about evidence and thresholds. Certification by a listed medical practitioner plus written agreement from the Commonwealth CMO is an additional safeguard for medical exemptions (s13), reducing unilateral risk of inappropriate certificates but adding coordination requirements between state nominees and the Commonwealth CMO (s8, s13).\n- Concentrated benefits and diffuse costs: benefits to particular families (those who obtain determinations) are concentrated, while administrative costs and the monitoring burden fall on the Department and on providers more broadly. There is scope for requests for certificates to be concentrated on a small subset of clinicians (s13), which could create localized demand and potential for delays or informal fees.\n- Substitution and unintended behaviour: because catch‑up timing is determined by the Australian Immunisation Handbook (s16), some parents may prefer catch‑up routes rather than seeking an administrative determination. Conversely, some may seek determinations to preserve payment while delaying vaccination.\n\n**Implementation risks and practical notes**\n\n- Reliance on the Australian Immunisation Handbook means changes in that Handbook alter catch‑up timing without amending this Determination (s16).\n- The listed medical practitioner system requires State/Territory Chief Health Officers to forward names to the Commonwealth CMO; delays or variance in nomination practices could affect availability of practitioners able to issue s13 certificates (s8, s13).\n- The instrument limits certain determinations in time (particularly the 6‑month rule for new arrivals — ss9(3), 12), which reduces long-term fiscal exposure but requires accurate proof of arrival dates.\n\n**Bottom line (mechanical and practical)**\n\n- Mechanically, this Determination (a) prescribes the vaccination schedules that determine whether a child is treated as immunised for Family Tax Benefit purposes (s15), (b) sets the Secretary’s decision principles and limited exemptions/determinations (ss9–14), and (c) ties catch‑up rules to the Australian Immunisation Handbook (s16). The immediate practical effects are on paperwork, evidence standards, and the interaction between families, clinicians, state health officers and the Department when immunisation status affects family payments."},"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 Determination appears to maintain its original scope. It was enacted to support the 'no jab, no pay' policy by setting immunisation requirements for Family Tax Benefit purposes, and it continues to serve that function. The inclusion of Schedule 5 for children born on or after 1 July 2024 represents a routine update to accommodate new vaccination protocols rather than scope creep."},"complexity_factors":["Multiple nested conditions for exemptions (sections 10-14 each contain 2-4 cumulative requirements that must all be satisfied)","Cross-referencing between the Determination and the parent Act (A New Tax System (Family Assistance) Act 1999), including reliance on external definitions like 'immunised' and 'recognised immunisation provider'","Time-bound transitional provisions with specific cut-off dates (e.g., children born 1 Jan 2017 to 1 Feb 2018 in section 14; 6-month limit for humanitarian visa holders in section 12)","External document incorporation by reference (Australian Immunisation Handbook, which changes over time)","Savings provision in section 5 that preserves the operation of a revoked instrument for historical child care benefit/rebate purposes, creating parallel applicability","Five different vaccination schedules (Schedules 1-5) with age-based cut-offs spanning 1998-2024+"],"plain_english_summary":"This Determination defines when a child is considered \"immunised\" for Family Tax Benefit payments and who it affects—parents/carers, children, medical practitioners and recent refugees. It ties vaccination schedules (including catch‑ups) to payment eligibility.\n\nIt also sets limited exceptions where the Secretary can treat a child as immunised—e.g., state care without consent, family‑violence risk, recent humanitarian arrivals, certified medical risk, and certain transitional cases—so vulnerable families aren’t unfairly penalised under the \"no jab, no pay\" framework."}},"importantCases":[],"_links":{"self":"/api/acts/family-assistance-immunisation-principles-and-vaccination-schedules-dss-determination-2018","history":"/api/acts/family-assistance-immunisation-principles-and-vaccination-schedules-dss-determination-2018/history","analysis":"/api/acts/family-assistance-immunisation-principles-and-vaccination-schedules-dss-determination-2018/analysis","conflicts":"/api/acts/family-assistance-immunisation-principles-and-vaccination-schedules-dss-determination-2018/conflicts","importantCases":"/api/acts/family-assistance-immunisation-principles-and-vaccination-schedules-dss-determination-2018/important-cases","documents":"/api/acts/family-assistance-immunisation-principles-and-vaccination-schedules-dss-determination-2018/documents"}}