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 Journey
Committee report tabled
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
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