Commonwealth Australian Immunisation Register Bill 2015

Wednesday 30 September 2015 @ 11.14 a.m. | Legal Research

On 10 September 2015, the Commonwealth House of Representatives introduced the Australian Immunisation Register Bill 2015 (the Bill), which proposes to create a "new consolidated legislative framework for the operation of Australian immunisation registers" and make consequential amendments to Part IVA of the Health Insurance Act 1973 (HIA) – Australian Childhood Immunisation Register (ACIR) and Part 9BA of the National Health Act 1953 (NHA) – The National HPV Vaccination Program Register (HPV Register).

Background to the Bill

According to the Explanatory Memorandum, the need for this Bill arose from a number of announcements made by the Australian Government as part of the Federal Budget 2015-2016. Prior to 1 January 2016, the ACIR recorded vaccines given only to children aged less than seven years. Approval has been given for the expansion of the ACIR to become the Australian Immunisation Register (AIR), which will capture all vaccines given, from birth to death, through General Practice and community clinics.

The ACIR will be expanded in two stages. From 1 January 2016, it will be expanded to collect and record vaccinations given to young individuals under the age of 20 years. This is required to implement the Government’s No Jab No Pay Budget measure. From late 2016, it will be expanded further to cover all vaccinations given from birth to death. This is to accommodate the addition of zoster virus (shingles) vaccine (Zostavax) to the National Immunisation Program for persons aged 70 years.

Approval was also given through the Improving Immunisation Coverage Rates Budget measure to broaden and improve immunisation data capture to assist vaccination providers to boost coverage rates. This includes expanding the HPV Register to become the Australian School Vaccination Register (ASVR), which will capture all adolescent vaccinations given through school programs from the start of the 2017 school year. The HPV Register currently only captures administration of the HPV vaccine. Other adolescent vaccinations administered through the school programs that would be captured in the ASVR include Varicella (chickenpox) and the Diphtheria, Tetanus and Pertussis (whooping cough) booster.

Amendments Contained in the Bill

The Bill:

  • describes the provisions under which the ACIR will be operated;
  • authorises the collection and use of Commonwealth assigned identifiers, such as the Medicare number;
  • establishes the ACIR and details the types of information that may be recorded in the Register, including relevant identifying information about an individual; information about the vaccinations they have received or information about a natural immunity to a disease or a medical contraindication to a vaccine;
  • allows for authorised persons to make a record of, use or disclose protected information recorded in the ACIR if the person does so for one of the purposes of the Register listed in the Bill;
  • authorises the disclosure of personal information for the purpose of other laws, including the Australian Privacy Principles;
  • provides for individuals whose details are recorded in the Register to request that they not receive correspondence from the ACIR or that their personal information not be disclosed from the ACIR;
  • describes the sanctions that protect the unauthorised disclosure of personal information contained within the ACIR; and
  • authorises the transfer of immunisation status information from the Australian Immunisation Register to the Centrelink payment system for the purposes of determining eligibility for family assistance and child care payments which are linked to immunisation.
  • The information to be shared includes:
    • those who meet the requirements due to being fully immunised, including those who meet the requirements through a valid exemption (natural immunity; medical contraindication; or being an active participant in a vaccine trial); and
    • those who do not meet the requirements due to being not fully immunised.

The Federal Parliament sits again on 12 October 2015 where debate will continue on this bill.

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Sources:

Australian Immunisation Register Bill 2015 and secondary materials as reproduced on TimeBase LawOne

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