Public Health (Childcare Vaccination) and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill lets Queensland childcare services refuse to enrol or exclude children who aren't up to date with their vaccinations, and protects operators from being sued for those decisions. It also gives the Health Ombudsman stronger powers to compel people to attend and answer questions during healthcare complaint investigations.
Who it affects
Parents of young children in approved childcare must show proof their child is up to date with vaccinations or risk exclusion. People under Health Ombudsman investigation can now be compelled to attend and answer questions.
Childcare vaccination rules
Approved childcare services (long day care, family day care, kindergartens, outside school hours care) can now ask parents for an immunisation history statement and, if it's not provided, refuse enrolment, cancel enrolment or impose conditions. Services keep discretion and can still admit unvaccinated children, especially vulnerable ones.
- Childcare services can refuse to enrol a child whose immunisation is not 'up to date'
- Services can cancel enrolment or block attendance if a parent doesn't provide an up-to-date immunisation history statement within at least four weeks of being asked
- A child is considered 'up to date' if age-appropriately vaccinated, on an approved catch-up schedule, or medically exempt
- Services and their staff are protected from civil, criminal or administrative liability when acting honestly, whether they exclude or admit a child
- Rules apply only to services approved under the Education and Care Services National Law or Education and Care Services Act 2013, not nannies, babysitters or playgroups
Health Ombudsman investigation powers
After a 2015 Supreme Court decision (Moosawi v Massey) cast doubt on whether investigators could compel in-person attendance, the bill rewrites section 228 of the Health Ombudsman Act to make that power explicit. Past notices issued under the old wording are retrospectively validated.
- Authorised persons can compel a person to attend, answer questions and produce documents in healthcare complaint investigations
- New offence for refusing to comply, with a maximum penalty of 100 penalty units
- Self-incrimination remains a valid reason to refuse to answer or produce documents
- Attendance notices issued before the Act commences are retrospectively validated, along with information already gathered and decisions made from it
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Health and Ambulance Services Committee
Committee report tabled
▸Second Reading29 Oct 2015View Hansard
Vote on a motion
Opposition motion ordering the Premier to produce all email correspondence between the Premier's staff or ministers and the member for Cook's office regarding assistance with speeches, media, events or advance notice of government announcements, defeated 40-41.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (40)
Noes (41)
▸23 members spoke23 support
Strongly supported the bill as a former flight paramedic, citing experience retrieving seriously ill children from remote communities where vaccination rates are lower, and urged additional funding for meningococcal vaccine.
“Nobody wants to see an unwell and sick child spreading an otherwise preventable disease to other children in childcare centres.”— 2015-10-29View Hansard
Announced full LNP support for the bill, emphasising the importance of immunisation as a cornerstone of public health, while noting concerns about potential red tape for childcare providers.
“I indicate at the outset that the LNP will support this bill in its entirety. Immunisation is a cornerstone of public health.”— 2015-10-29View Hansard
Supported the bill as deputy chair of the Health and Ambulance Services Committee and a registered nurse, noting bipartisan committee support. Drew on personal experience of her daughter's severe allergic reactions to vaccinations but still chose to vaccinate.
“Historically, immunisation and vaccination policy has been largely bipartisan, and this bill continues with this tradition.”— 2015-10-29View Hansard
Spoke in support as a health practitioner, arguing the evidence for vaccination is strong and that the bill is a reasonable method to achieve herd immunity, while acknowledging Professor Leask's concerns about potential unintended consequences.
“As a health practitioner I must go where the evidence leads, and the case for vaccination is strong.”— 2015-10-29View Hansard
Supported the bill as a doctor and former president of AMA Queensland, citing irrefutable evidence on vaccine efficacy and safety, and debunked the Wakefield fraud linking MMR vaccines to autism.
“There is clear and irrefutable data in relation to vaccine efficacy and safety, with the Therapeutic Goods Administration continuing its evaluation and monitoring of and reporting on the safety of vaccines.”— 2015-10-29View Hansard
Supported the bill as committee chair, noting the committee's unanimous bipartisan recommendation. Addressed concerns about potential unintended consequences and confirmed the department's commitment to a two-year administrative review.
“The Health and Ambulance Services Committee were unanimous in our bipartisan support of this bill.”— 2015-10-29View Hansard
Supported the bill as a committee member, arguing vaccination is a social responsibility and criticising anti-vaccination misinformation, particularly the discredited Wakefield paper.
“Vaccination is more than a personal choice, it is a social responsibility.”— 2015-10-29View Hansard
Spoke briefly in support, drawing on experience in Far North Queensland where medical crews transport patients with contagious diseases from remote areas and PNG, arguing childcare workers should not face similar stress.
“I totally support the committee's recommendation to pass the bill and, certainly, the objectives of the bill.”— 2015-10-29View Hansard
Supported the bill as a parent and grazier who personally contracted Q fever through failing to be vaccinated, emphasising the bill gives discretionary power to childcare centre operators to protect children.
“No matter what the political persuasion, no government goes out of its way to make decisions to harm their citizens.”— 2015-10-29View Hansard
Supported the bill as a former early education professional, arguing it empowers educators to make evidence-based judgments about protecting children in their care from infectious diseases.
“This empowers those who are still working in the profession to do that explicitly and with the backing of the law.”— 2015-10-29View Hansard
Supported the bill drawing on experience as a former paediatric nurse, recounting witnessing deaths from measles and children brain-dead from meningitis, while suggesting parents be given the option to separate vaccine doses.
“Vaccination has helped us to become an enviable First World country and to avoid the killer epidemics seen in other countries. We have an obligation to our children to keep it that way, and this bill helps to do that.”— 2015-10-29View Hansard
Strongly supported the bill as a former childcare centre director, recounting her experiences managing immunisation policies and conversations with parents about conscientious objection.
“I chose to vaccinate my children because the thought of losing them to preventable illness was something that I just could not bear.”— 2015-10-29View Hansard
Supported the bill, noting she had introduced a similar amendment as shadow health minister in 2013 which the Newman government voted down. Argued the bill gives childcare workers a legally binding right to protect children.
“The intent of this amendment bill is to encourage more parents to vaccinate their children and thereby protect them from preventable diseases.”— 2015-10-29View Hansard
Supported the bill, drawing on overseas experiences in Afghanistan and Africa to highlight the importance of immunisation and water sanitation, and also noting health challenges in Indigenous communities.
“It is great to see bipartisan support for this bill so that it will pass through the House this afternoon and we can make sure our most prized possessions, our children, are protected in our communities.”— 2015-10-29View Hansard
Supported the bill, noting the LNP party room debated and agreed to support it. Consulted local childcare centre owners who supported the provisions and raised questions about vaccination requirements for school-age children.
“We have only to look at the life expectancy rates in the last hundred years and how they have dramatically climbed. That has not been through good luck but through modern science, good logic and intelligence.”— 2015-10-29View Hansard
Supported the bill as Education Minister, noting that peak bodies representing over 2,800 early childhood services were supportive and that the legislation provides legal protection for services making enrolment decisions.
“This bill is part of our commitment to ensuring that by working with the sector our children have access to quality education and care services that provide a safe and nurturing environment for children.”— 2015-10-29View Hansard
Supported the bill as a parent of two young children who attended childcare, emphasising it is both sound and safe policy backed by World Health Organization support.
“If just one of those deaths is prevented in my community, then I think the decisions made by childcare centres in the electorate of Springwood in the best interests of children and families are worthwhile.”— 2015-10-29View Hansard
Supported the bill, sharing family history of his grandfather contracting polio, his mother catching measles, and his sister catching whooping cough three times despite vaccination, demonstrating the importance of herd immunity.
“We are a community and we need to protect all, especially the most vulnerable.”— 2015-10-29View Hansard
Supported the bill as a former teacher, sharing the tragic story of a colleague's two-week-old baby who died from whooping cough before being old enough to be immunised.
“One death of a child is one too many and I urge everybody to support this bill.”— 2015-10-29View Hansard
Supported the bill, sharing that his brother Brendan contracted meningitis as a young child before being old enough to be vaccinated and suffered lifelong consequences, arguing herd immunity would have protected him.
“What would have protected him would have been herd immunity. That is what is so important about this bill.”— 2015-10-29View Hansard
Supported the bill, arguing vaccination is a collective responsibility and that regulation encouraging collective action achieves the greatest result for Queenslanders.
“We rely on herd immunity to protect our children in the first few months of life. We rely on the collective shield that we build together in order to protect our children.”— 2015-10-29View Hansard
Spoke briefly in support, noting World Health Organization estimates that vaccination prevents two to three million deaths annually and that the 95 per cent target is essential for herd immunity.
“What could be more important than saving the lives of young babies and children?”— 2015-10-29View Hansard
In reply as Health Minister, thanked all members for bipartisan support, announced the Immunise to 95 initiative, addressed questions about red tape and vaccine scheduling, and cautioned against giving credence to the discredited autism-vaccine link.
“Since the introduction of vaccination for children in Australia in 1932, death from vaccine preventable conditions has fallen by 99 per cent despite a threefold increase in the Australian population.”— 2015-10-29View Hansard
▸In Detail29 Oct 2015View Hansard
Two amendments to clause 4 expanding the definition of 'vaccine preventable condition' to include non-contagious medical conditions (such as tetanus) that can be prevented by vaccination, enabling an expanded list to be prescribed by regulation to capture all conditions in the Australian immunisation handbook.
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