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PUBLIC HEALTH (INFECTIOUS AND NOTIFIABLE DISEASES) REGULATIONS(AMENDMENT) (NO. 27 OF 1993) - REG 5

5. After regulation 14 of the Principal Regulations the following regulations are inserted:

Immunisation history to be produced before enrolment at school

“14A. (1) Where a child is being enrolled at a school, other than a preschool or a child care centre, for the first time, the principal teacher or person in charge of the school shall request the parent or guardian of the child to lodge with him or her—

        (a)     an immunisation record stating the immunisation status of the child in respect of each vaccine preventable disease;

        (b)     a statutory declaration stating—

              (i)     that the parent or guardian believes the child has been immunised against a specified vaccine preventable disease, but is unable to produce an immunisation record; and

              (ii)     the immunisations against a specified vaccine preventable disease that the parent or guardian believes the child has received;

        (c)     a declaration that the child has not been immunised against a specified vaccine preventable disease; or

        (d)     a declaration that the parent or guardian is not aware whether or not the child has been immunised against a specified vaccine preventable disease.

“(2) Where a child is being enrolled at a preschool or child care centre for the first time, the principal teacher or person in charge of the preschool or centre shall request the parent or guardian of the child—

        (a)     to produce for inspection an immunisation record setting out the immunisation status of the child in respect of each vaccine preventable disease; and

        (b)     to lodge with him or her a copy of that immunisation record.

“(3) In proceedings for an offence against this regulation, an immunisation record signed by an authorised person is evidence that a specified child is immunised against the vaccine preventable disease to which the signature relates.

“(4) The principal teacher or person in charge of a school shall maintain a record of the immunisation status of each child enrolled at the school in a form that is readily accessible to the principal teacher, the person in charge or the Medical Officer of Health.

“(5) The principal teacher or person in charge of a school shall—

        (a)     retain a copy of an immunisation record lodged with him or her in safe custody for the period of time during which the child is enrolled at the school; and

        (b)     forward a copy of the immunisation record to the Medical Officer of Health.

“(6) A person who, without reasonable excuse, contravenes subregulation (1), (2), (4) or (5) is guilty of an offence punishable, on conviction, by a fine not exceeding $500.

Application of enrolment requirements from 1994

“14B. (1) Regulation 14A applies in relation to the enrolment of a child for the first time—

        (a)     subject to paragraph (b)—in a preschool or child care centre for each year commencing on 1 January; and

        (b)     after the year commencing 1 January 2000 in any school for each year commencing on 1 January.

“(2) Regulation 14A applies in relation to the enrolment of a child for the first time in a primary school in a year of school specified in Column 1 of the table for the year commencing 1 January of the year specified in Column 2.

Column 1

Column 2

Year of Primary School

Year

Kindergarten

1994

Kindergarten or first year

1995

Kindergarten, first year or second year

1996

Kindergarten, first year, second year or third year

1997

Kindergarten, first year, second year, third year or fourth year

1998

Kindergarten, first year, second year, third year, fourth year or fifth year

1999

All years

2000

“(3) In the table in subregulation (2)—

‘kindergarten' includes a preparatory class.

Information to Medical Officer of Health

“14C. If the principal teacher or person in charge of a school believes, on reasonable grounds, that a child enrolled at the school—

        (a)     is suffering from a vaccine preventable disease; or

        (b)     has not been immunised against a vaccine preventable disease and has been in contact with a person who is infected with such a disease;

he or she shall, as soon as practicable, inform—

        (c)     a parent or guardian of the child; and

        (d)     the Medical Officer of Health;

of that fact.

Outbreaks of vaccine preventable diseases in schools

“14D. (1) If the Medical Officer of Health believes, on reasonable grounds, that there is an outbreak of a vaccine preventable disease—

        (a)     at a school; or

        (b)     in the community in which a school is situated;

he or she may, in writing, direct the principal teacher or person in charge of the school to do either or both of the following:

        (c)     subject to subregulation (2), to send or deliver to the parent or guardian of every child who has not been immunised against that disease and who is enrolled at the school, a notice stating that, unless the requirements specified in the notice are complied with in respect of that child within the period so specified, that child is excluded from the school for the period or in the circumstances specified in Schedule 2 in relation to that disease;

        (d)     to take such other action with respect to a child suffering from the vaccine preventable disease and the children who have not been immunised against that disease as is specified in the direction.

“(2) If, before the expiry of the period referred to in paragraph (1) (c), the Medical Officer of Health believes on reasonable grounds that it is in the public interest to do so, the Medical Officer of Health may, in writing, direct the principal teacher or person in charge of the school to send or deliver to the parent or guardian of the child a notice stating that the child is excluded from the school until—

        (a)     the Medical Officer of Health is satisfied that outbreaks of the vaccine preventable disease—

              (i)     at the school; or

              (ii)     in the community in which the school is situated;

have ceased; and

        (b)     the Medical Officer of Health has notified the principal teacher or person in charge of the school accordingly.

“(3) Where a principal teacher or person in charge of a school has been directed in accordance with subsection (2), he or she shall notify the parent or guardian of the child to whom the notice under that subregulation relates.

“(4) The parent or guardian of a child to whom a notice has been given under subregulation (3) shall not cause or permit the child to attend the school until the principal teacher or person in charge of the school notifies the parent or guardian that the principal teacher or person in charge of the school has been notified in accordance with paragraph (2) (b).

“(5) A person who, without reasonable excuse, contravenes a direction under subregulation (1) or (2), or a notice under subregulation (2), is guilty of an offence punishable, on conviction, by a fine not exceeding $500.

Access to information

“14E. (1) The Medical Officer of Health, or a person authorised by the Medical Officer of Health is entitled to obtain access to and take copies of information relating to a child's immunisation status if he or she is required to do so for the purposes of these Regulations or for the purpose of the conduct of an epidemiological study.

“(2) The Medical Officer of Health shall not authorise a person under subregulation (1) unless he or she is satisfied that the person has adequate knowledge and experience relevant to the control of diseases or the management of programs for immunisation against diseases.

“(3) In subregulation (1)—

‘epidemiological study' means a study of—

        (a)     the incidence or distribution, within the population of the Territory, or within a particular group of persons in the Territory, or within a sample or sub-sample of such a group, of a vaccine preventable disease; or

        (b)     the factors responsible for such an incidence or distribution, or both, and includes a series of such studies.”.

Infectious diseases in schools



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