Family Assistance (Immunisation and Vaccination) (Education) Determination 2018

This Determination operationalises the concept of an immunised child for the purposes of working out entitlement to Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS) for sessions on or after 2 July 2018 (see section 5). It is made under section 4 and subsection 6(7) of the A New Tax System (Family Assistance) Act 1999 (the Act) and, in structure, does two things.

First, Part 2 sets out decision‑making principles and a closed list of reasons why the Secretary may, by a determination under subsection 6(6) of the Act, treat a child as meeting the immunisation requirements even though the child does not meet the usual vaccination schedule. Section 8 makes that conditional on the Secretary being satisfied that one of the specified tests in sections 9-15 is met, and imposes duration limits and a mandatory revocation rule if the child later meets the usual immunisation requirements (see s 8(1)-(4)). The listed reasons include refusal of consent by a person with legal authority (s 9), family violence risk (s 10), temporary relief for permanent humanitarian visa holders (s 11), risk of serious abuse or neglect where an approved provider’s ACCS (child wellbeing) eligibility is assessed (s 12), a medical certificate certifying unacceptable risk of harm (s 13), the administrative circumstance that a notice about missed vaccination has not yet been received (s 14), and a narrow transitional ground for certain children born between 1 January 2017 and 1 February 2018 (s 15).

Second, Part 3 sets out the standard vaccination schedules by birth cohort (Schedules 1-5) and prescribes how the standard and catch‑up schedules are to be applied (ss 16-17). Section 16 maps standard schedules to birth date ranges and prescribes timing: each scheduled vaccination must be received no later than one month after the age specified (s 16(2)(a)), and vaccines given in Australia must be administered by a recognised immunisation provider and be registered on the Australian Register of Therapeutic Goods (ARTG) (s 16(2)(b)). Section 17 imports the Australian Immunisation Handbook for catch‑up schedules, but only to the extent that the Handbook relates to the antigens and diseases listed in Schedules 1-5 (s 17(1)).

Mechanically, the Determination is not a stand‑alone social security instrument that pays, fines or criminalises. Its legal effect is to constrain the Secretary’s discretion under the Act when deciding whether a child falls within the statutory definition of "immunised" for subsidy entitlement. The immediate, practical effect for families, approved providers and administering agencies is changes to eligibility outcomes for CCS and ACCS: the Determination specifies when the Secretary must or may treat non‑vaccinated children as meeting immunisation requirements, and when a temporary exception applies. The Determination also creates administrative requirements linked to medical certification processes, State and Territory Chief Health Officer roles through the "listed medical practitioner" concept, and the ARTG/recognised provider rules for vaccines administered in Australia (ss 7, 13, 16(2)).

The compilation shows the instrument as in force on 22 June 2024 and records amendment action in 2024 that added a Schedule 5 and amended definitions and schedule provisions (endnotes 3 and 4). The Determination interacts with definitions and procedural provisions in the Act itself and the Family Assistance Administration Act, and it relies on external standards set out in the Australian Immunisation Handbook and the Therapeutic Goods Act 1989 (see ss 7, 16(2)(b)(ii), 17(1)).

The Determination uses a small set of legal constructs to translate public health vaccination practice into eligibility mechanics for child care subsidies. Key concepts are: the Secretary’s determination power under subsection 6(6) of the Act; a closed set of decision‑making principles for when the Secretary can regard a child as meeting immunisation requirements (Part 2); the standard vaccination schedules tied to a child’s birth date (Part 3 Schedules 1-5); and the role of external actors and instruments such as recognised immunisation providers, the Australian Immunisation Handbook, ARTG registration and listed medical practitioners.

"Secretary’s determination" and limits: Section 8(1) states the Secretary may make a determination under subsection 6(6) of the Act only if satisfied that requirements in ss 9-15 are met. That establishes a gatekeeping rule: the Secretary’s discretion is not unconstrained. Section 8(2) imposes a proportionality constraint by requiring any determination that a child is "likely to meet the usual immunisation requirements within a particular period" be limited to that period. Section 8(3) imposes a specific 6‑month maximum duration where the ground is the child’s arrival on a permanent humanitarian visa (see s 11). Section 8(4) requires revocation once the child meets the usual immunisation requirements.

Standard and catch‑up schedules: Section 16 maps five distinct cohort schedules to birth date ranges (s 16(1)). The substantive content of the schedules is in Schedules 1-5, each listing antigens/diseases and required ages. Section 16(2) sets two important operational rules: the time window (vaccination due no later than one month after the specified age) and, where vaccination occurs in Australia, the requirement that the vaccine be administered by a recognised immunisation provider and be registered on the ARTG (s 16(2)(b)(i)-(ii)). Section 17 imports the Australian Immunisation Handbook for catch‑up vaccination timing, but only for the antigens listed in the Determination’s schedules (s 17(1)).

Exemption/exception categories: Part 2 enumerates specific reasons for a positive administrative decision despite non‑adherence to schedules. These are not unlimited clinical or ethical exemptions; they are defined administrative grounds:

• Consent refusing person lacks legal authority for claimant, or child refuses if aged 14 or older (s 9).
• Family violence risk to individual, child or member of immediate family (s 10), where "family violence" is defined by reference to the Family Law Act 1975 (s 7).
• Holder of a permanent humanitarian visa who has recently arrived (s 11).

Primary beneficiaries and affected parties are families and approved providers whose eligibility for CCS and ACCS is assessed, the Commonwealth Secretary and administering agency, recognised immunisation providers, State and Territory Chief Health Officers, listed medical practitioners and the Commonwealth Chief Medical Officer.

Families and claimants: The Determination applies specifically when working out whether 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 (s 5(a)). The practical effect is that parents, partners and other claimants may gain or lose subsidy entitlements depending on whether the child meets the schedule in Part 3 or whether an exception in Part 2 is engaged. The text requires evidence of legal authority and consent situations where relevant (s 9). It also creates an administrative relief where a notice has not yet been received before the end of an immunisation grace period (s 14), so timing of notices and receipt of them by claimants directly affects entitlements.

Approved providers: Approved providers are affected in two ways. First, s 5(b) makes the Determination applicable when assessing an approved provider’s eligibility for ACCS (child wellbeing). Second, s 12 provides a ground for determination where a child is at risk of serious abuse or neglect and making the determination is necessary to avoid increasing that risk. Approved providers seeking ACCS (child wellbeing) must therefore expect the Secretary to assess risk of increased harm and to account for potential implications for subsidy eligibility.

Secretary and administering agency: The Secretary is the decision maker and must be satisfied that one of the prescribed grounds exists before making a determination under subsection 6(6) of the Act (s 8(1)). The Secretary is also required to limit determinations in time where the child is likely to meet usual requirements in a particular period (s 8(2)) and to revoke a determination once the child meets the usual requirements (s 8(4)). The Secretary must also comply with procedural elements implied by s 14, where notices are involved. Administrative resources will therefore be necessary to assess evidence, manage revocations and apply cohort schedules.

Recognised immunisation providers and medical practitioners: Section 16(2)(b)(i) requires vaccines given in Australia to be administered by a recognised immunisation provider. The Determination therefore depends on the definition of recognised immunisation provider found in the Act, and on record‑keeping by providers to demonstrate compliance. Section 13 introduces "listed medical practitioners" whose names are provided to the Commonwealth Chief Medical Officer by State and Territory Chief Health Officers; such practitioners may issue the certificates needed to satisfy the medical exception (s 13(a)), but their certificate must be followed by a written agreement from the Commonwealth Chief Medical Officer (s 13(b)).

This Determination establishes specific duties for the Secretary and sets out rights and procedural hooks available to claimants and providers.

Duties of the Secretary: The Secretary’s duties are central. Under section 8(1) the Secretary may make a determination under subsection 6(6) of the Act if, and only if, satisfied that one of the specified grounds in sections 9-15 is met. This is a mandatory gatekeeping duty, not a mere discretionary list; the "only if" wording confines the Secretary’s power to the enumerated grounds. If the Secretary is satisfied that a child is likely to meet the usual requirements within a defined period, the Secretary must limit the determination to that period (s 8(2)). For determinations based on s 11 (permanent humanitarian visa holder), the Secretary must make the determination for no longer than six months after the child’s first entry into Australia (s 8(3)). The Secretary also has a revocation duty under s 8(4) to revoke any determination once the child meets the usual immunisation requirements.

Evidence and form requirements: For the medical exception in s 13, the Determination requires a written certificate from a "listed medical practitioner" in a form and manner required by the Secretary, and a written agreement from the Commonwealth Chief Medical Officer that he or she agrees with the listed medical practitioner (s 13(a)-(b)). The listed medical practitioner must be named to the Commonwealth Chief Medical Officer by the State or Territory Chief Health Officer for the purpose of giving certificates under s 13 (s 7 definition). This creates a two‑step evidentiary duty: certification at State/Territory level and an agreement step at Commonwealth level.

Notification duty (administrative timing): Section 14 specifies an administrative circumstance where a determination may be warranted because a notice to remind the individual or approved provider has not yet been received. Section 14(2) prescribes what that notice must inform the recipient of: the fact that the child does not meet the immunisation requirements; the requirement to meet them before the end of the immunisation grace period (as referred to in subsection 67CD(9) of the Family Assistance Administration Act); and that CCS or ACCS payments may not be payable if the child is not immunised by the end of the grace period. This prescribes a content duty on the notifying body and creates an expectation that lack of receipt is a legitimate ground for a determination in the relevant circumstances (s 14(1)).

Rights and protections for claimants: Claimants have access to specific enumerated grounds that, if satisfied, compel the Secretary to make a determination treating the child as meeting immunisation requirements. The Determination recognises family violence risk as a ground (s 10), refusal of consent where the claimant lacks legal authority (s 9), and temporary protections for newly arrived permanent humanitarian visa holders (s 11). For children aged 14 or older, the Determination recognises the child’s own refusal to consent as potentially operative (s 9(d)). Claimants and approved providers can expect the Secretary to apply the revocation rule once normal compliance is achieved (s 8(4)).

This Determination does not itself create criminal offences or express civil penalty regimes. Instead, it operates as an eligibility instrument used to determine entitlement to CCS and ACCS, and its enforcement mechanism is therefore administrative: it affects whether subsidies are payable to individuals and approved providers.

Administrative enforcement through entitlement decisions: Section 5 expressly states the Determination applies "in relation to working out whether" an individual or an approved provider is eligible for CCS or ACCS for sessions on or after 2 July 2018. The concrete sanction for non‑compliance with the schedules or failure to meet the conditions for an exception is loss or suspension of CCS/ACCS entitlements under the Act. The Determination itself does not set out the mechanics of cessation, recovery or penalty for incorrectly claiming subsidies; those enforcement mechanisms reside in the Act and the Family Assistance Administration Act. The Determination’s role is to supply the eligibility criteria and permissible exceptions which the administering body will apply in enforcement.

No criminal penalties or fines in this instrument: The Determination contains no penalty clauses, infringement notices or criminal offences. It does not authorise prosecutions or attach monetary fines. Any criminal or civil consequences would need to be sought elsewhere in Commonwealth law; they are not contained in this Determination.

Administrative procedural features that affect enforcement: The Determination prescribes evidentiary and certification procedures that are preconditions to favourable determinations. For example, a medical contraindication exception requires a written certificate from a listed medical practitioner, and written agreement by the Commonwealth Chief Medical Officer (s 13). The need for these documents functions as an enforcement filter. Similarly, the requirement that vaccines administered in Australia be given by a recognised immunisation provider and be ARTG registered (s 16(2)(b)) provides a documentary pathway for the administering agency to verify compliance and thus enforce subsidy eligibility determinations.

Notices and grace periods: Section 14 creates an administrative safety valve where a child has missed a vaccination but the notice reminding the claimant to immunise has not yet been received. That ties into the immunisation grace period referred to in subsection 67CD(9) of the Family Assistance Administration Act (s 14(2)(b)). Enforcement activities will therefore need to coordinate notice timings and application of the grace period when deciding whether to suspend or deny payments.

The Determination is an instrument operating within a statutory ecosystem. It is expressly made under the Act (s 3) and interacts with several other Commonwealth and State/Territory instruments and statutory definitions.

Interaction with the A New Tax System (Family Assistance) Act 1999: The Determination is made under section 4 and subsection 6(7) of the Act (s 3) and forms part of the machinery for determining whether a child is "immunised" under the Act. The Determination cross‑references subsections 6(2)-6(5) and 6(6) of the Act (s 6(a); s 7(2) reference), so it does not redefine the Act’s legal consequences but provides the administrative detail by which the Secretary must exercise the Act’s decision power.

Family Assistance Administration Act 1999: Section 5 notes that the Determination applies in relation to working out entitlement to CCS and ACCS; and s 14(2)(b) explicitly refers to the immunisation grace period in subsection 67CD(9) of the Family Assistance Administration Act. That indicates the Determination must be interpreted and implemented alongside the Family Assistance Administration Act’s procedural rules, including timing, notices and the conduct of reviews and reviews of decisions under that Act.

Therapeutic Goods Act 1989 and the ARTG: Section 16(2)(b)(ii) requires that vaccines administered in Australia be registered as vaccines on the Australian Register of Therapeutic Goods established under section 9A of the Therapeutic Goods Act 1989. That means the Determination imports a regulation of the Therapeutic Goods regime as a condition of subsidy eligibility. If a vaccine is not ARTG‑registered, an on‑shore administration would not meet s 16(2)(b)(ii), potentially affecting eligibility.

Australian Immunisation Handbook and National Health and Medical Research Council: Section 17 imports the Australian Immunisation Handbook for catch‑up vaccination timing, but limits its relevance to the antigens and diseases listed in this Determination’s Schedules. The Handbook is not reproduced in the Determination, but the instrument makes it binding in the sense that catch‑up scheduling will be determined in accordance with it to the extent of relevant antigens (s 17(1)). The Determination also defines "Australian Immunisation Handbook" and names the NHMRC as publisher (s 7).

Family Law Act 1975: The Determination borrows the definition of "family violence" from section 4AB of the Family Law Act 1975 (s 7). That means the legal understanding of family violence for the purpose of this Determination is fixed by the Family Law Act definition, and any evolution of that definition in the Family Law Act will feed into the Determination.

The compilation records the instrument as originally registered on 22 June 2018 and commencing 2 July 2018 (Endnote 3). It also records an amendment instrument, the Family Assistance (Immunisation and Vaccination) (Education) Amendment Determination 2024, registered on 21 June 2024 and commencing 22 June 2024 (Endnote 3). The endnotes at the back of the compilation list provision‑level amendments.

Provisional amendment notes in endnote 4 identify specific changes made by F2024L00732:

• Section 7 was amended (s 7 am F2024L00732).
• Section 16 was amended (s 16 am F2024L00732).
• Section 17 was amended (s 17 am F2024L00732).
• Schedule 4 was amended (Schedule 4 am F2024L00732).
• Schedule 5 was added (Schedule 5 ad F2024L00732).
• The compilation also notes that sections 2 and 4 were repealed by the Legislation Act provisions (s 2 rep LA s 48D; s 4 rep LA s 48C). Those repeals appear in the amendment history listing but are peripheral to the Determination’s substance.

The practical significance of the 2024 changes, given the provision list, is that the Determination’s definitions and the mapping of birth cohorts to vaccination schedules have been updated. The addition of Schedule 5 accommodates children born on or after 1 July 2024 and specifies additional meningococcal antigens for 12‑month vaccinations (see Schedule 5). The amendments to ss 16 and 17 likely reflect the schedule additions and updates to the catch‑up process and to requirements for vaccines given in Australia, although the compilation provides only the post‑amendment text and not a redline showing what changed.

Compilation date and uncommenced amendments: The compilation date is 22 June 2024 and the compilation includes the amendment F2024L00732 (Endnote 1). The endnotes note that uncommenced amendments, if any, are not shown in the text but are listed in endnotes if present. The compilation therefore reflects the law as it stood on 22 June 2024, including the 2024 amendment.

Administrative history: The endnotes serve as the public record of how the Determination has evolved. They show the instrument’s origin in 2018 and the more recent 2024 update that modified definitions and added a new cohort schedule. For operational compliance and historical interpretation, one must consult the endnotes and the Register entry referenced in the compilation to see the annotations and commencement details for the amendment instrument F2024L00732.

This compilation contains no entry under "Litigation history". The Determination’s endnotes and the text do not record any judicial decisions or merits review outcomes. The absence of a litigation history in the compilation does not mean there has been no litigation; it means the compilation does not contain or annotate any case citations or decisions that have interpreted or challenged the Determination.

For practitioners seeking to identify judicial or tribunal decisions concerning the Determination or its operation, the compilation signals no internal references to such decisions. To locate any relevant litigation or merits review decisions, consult public law databases, tribunal records (for example, Social Security Appeals Tribunal or Administrative Appeals Tribunal decisions where the Determination’s application to CCS/ACCS entitlement was in issue), and judicial review courts. Because the Determination binds administrative decision‑making on checks of eligibility, typical judicial review grounds might include whether the Secretary properly applied the s 8(1) gatekeeping rule, whether the evidentiary requirements in s 13 were lawfully operationalised, or whether revocation under s 8(4) was properly made, but no specific cases are named in the instrument and no decisions are recorded here.

If a practitioner needs to advise a client about likely litigation avenues, they should review the Family Assistance Act and Family Assistance Administration Act review and appeal pathways and then search merit and judicial review decisions where CCS/ACCS eligibility turned on immunisation schedule interpretations, medical contraindication certificates, or application of the family violence ground. The Determination creates legal questions particularly around the interaction between State/Territory health certifications and Commonwealth acceptance (s 13), the sufficiency of evidence for family violence or consent refusals (ss 9-10), and the proper use of the administrative notice grace period mechanism (s 14).

The Determination contains several operational and legal features that frequently catch practitioners, administrators and claimants off guard if not carefully considered. These are concrete, documentable points that arise directly from the instrument’s text.

1. The Secretary’s power is constrained by a closed list of grounds (s 8(1)). If a claimant’s circumstances do not fit sections 9-15, the Secretary has no power under this Determination to treat the child as immunised. Practitioners should not assume discretionary relief outside those enumerated grounds.

2. Time limits are strict and cohort‑based. Section 16(2)(a) requires a child to receive each listed vaccination no later than one month after reaching the specified age. Missing a dose by that one‑month window triggers potential cessation of "immunised" status and may engage s 14 only if the notice reminding the individual has not yet been received. The one‑month trigger is a tight administrative tolerance and interacts with the Family Assistance Administration Act immunisation grace period (s 14(2)(b)).

3. Administrative notice timing matters. Section 14 provides relief where a notice has not yet been received. That means the entitlement outcome can turn on whether and when an administrative notice is sent and whether it has been received by the individual or approved provider. Record evidence of date of posting, delivery and receipt will be decisive.

4. Medical exceptions require two steps and central agreement. Section 13 requires a written certificate from a listed medical practitioner and written agreement from the Commonwealth Chief Medical Officer. A listed medical practitioner must be a person whose name has been given to the Commonwealth Chief Medical Officer by a State/Territory Chief Health Officer (s 7). That creates a procedural chain where State/Territory identification and Commonwealth agreement are both necessary. Practitioners should be aware that having a treating clinician certify a contraindication is not sufficient unless the clinician is an authorised "listed medical practitioner" and Commonwealth agreement is obtained.

5. Recognised immunisation provider and ARTG registration are preconditions for on‑shore vaccinations (s 16(2)(b)). Vaccines administered in Australia must be given by a recognised immunisation provider and be ARTG registered. If a parent obtains a vaccine overseas, or a provider uses an off‑label product, that administration may not meet s 16(2)(b) and could therefore fail to supply proof of "immunised" status for subsidy purposes.

For families, claimants, approved providers and advisers, the Determination prescribes a clear documentary and timing framework. Compliance requires attention to schedules, evidentiary steps, notice receipts and use of recognised providers and ARTG‑registered vaccines where vaccination occurs in Australia.

1. Verify the applicable standard schedule for the child by birth date. Section 16(1) maps birth date ranges to Schedules 1-5. Confirm the child’s exact date of birth and check the corresponding Schedule. This determines which antigens are required and the ages at which they become due.

2. Meet the one‑month timing rule. For each scheduled vaccination listed in the applicable Schedule, ensure the vaccination is received no later than one month after the specified age (s 16(2)(a)). Build appointment and follow‑up reminders to avoid missing this one‑month window. If a vaccination is missed and the claimant did not receive the required notice before the grace period expires, administrative consequences for subsidy entitlement may follow.

3. Use recognised immunisation providers and ARTG‑registered vaccines for on‑shore administrations. Section 16(2)(b) requires vaccines administered in Australia to be given by a recognised immunisation provider and to be registered on the ARTG. Confirm the provider’s recognition status (as defined in the Act), and that the vaccine is ARTG registered, and obtain documentary proof (provider signature, stamp, vaccine batch/ARTG identifier and date).

4. Keep documentary evidence of receipt of administrative notices. Section 14 allows relief where a reminder notice has not yet been received. Maintain records of notices sent and received, including dates and method of delivery. If a notice was not received, contemporaneous evidence of non‑receipt or delayed posting may be necessary.

5. For medical contraindications, follow the two‑step certification path. If vaccination is medically contraindicated, obtain a written certificate from a listed medical practitioner, in whatever form the Secretary requires (s 13(a)). Confirm with the State/Territory Chief Health Officer that the practitioner is a listed medical practitioner. Then ensure the Commonwealth Chief Medical Officer’s written agreement is obtained (s 13(b)). Begin this process early, because the Commonwealth agreement step may take time.

6. Where family violence is involved, prepare supporting evidence under the Family Law Act definition. Section 10 draws on the Family Law Act 1975 definition of family violence. Document evidence of risks to the individual, child or immediate family member, and link that evidence to the specific risk of violence that would be triggered by taking action to enable vaccination. Administrative adjudicators will assess whether family violence risk meets s 10.