QLDIn ForceAct
Public Health Act 2005
sec.160BWhen person in charge may exclude child not yet enrolled
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### sec.160B When person in charge may exclude child not yet enrolled
A person in charge of an education and care service or QEC approved service may in the circumstances mentioned in subsection (2) do any of the following—
refuse to enrol a child at the service;
refuse to allow a child to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service;
impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.
The circumstances are—
a person in charge of the service requests a parent intending to enrol the child at the service to give to the person in charge, within a reasonable period after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and
on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and
a parent of the child either—
refuses to comply with the request; or
does not comply with the request within a reasonable period after the request is made.
A request under subsection (2) (a) may be made in a form given to the parent for the purpose of applying to enrol the child at the service.
A condition imposed under subsection (1) (c) —
must be relevant to the immunisation status of the child; and
may be a condition that the child’s enrolment at the service will be cancelled if a parent of the child does not give a person in charge of the service an immunisation history statement stating that the child has the immunisation status “up to date”.
s 160B ins 2015 No. 24 s 5
(sec.160B-ssec.1) A person in charge of an education and care service or QEC approved service may in the circumstances mentioned in subsection (2) do any of the following— refuse to enrol a child at the service; refuse to allow a child to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service; impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.
(sec.160B-ssec.2) The circumstances are— a person in charge of the service requests a parent intending to enrol the child at the service to give to the person in charge, within a reasonable period after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and a parent of the child either— refuses to comply with the request; or does not comply with the request within a reasonable period after the request is made.
(sec.160B-ssec.3) A request under subsection (2) (a) may be made in a form given to the parent for the purpose of applying to enrol the child at the service.
(sec.160B-ssec.4) A condition imposed under subsection (1) (c) — must be relevant to the immunisation status of the child; and may be a condition that the child’s enrolment at the service will be cancelled if a parent of the child does not give a person in charge of the service an immunisation history statement stating that the child has the immunisation status “up to date”.
- (a) refuse to enrol a child at the service;
- (b) refuse to allow a child to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service;
- (c) impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.
- (a) a person in charge of the service requests a parent intending to enrol the child at the service to give to the person in charge, within a reasonable period after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and
- (b) on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and
- (c) a parent of the child either— (i) refuses to comply with the request; or (ii) does not comply with the request within a reasonable period after the request is made.
- (i) refuses to comply with the request; or
- (ii) does not comply with the request within a reasonable period after the request is made.
- (i) refuses to comply with the request; or
- (ii) does not comply with the request within a reasonable period after the request is made.
- (a) must be relevant to the immunisation status of the child; and
- (b) may be a condition that the child’s enrolment at the service will be cancelled if a parent of the child does not give a person in charge of the service an immunisation history statement stating that the child has the immunisation status “up to date”.