What is and What is Not Covered by the New Vaccine Laws

Vax exemption

Poly Mum of eight

https://polymumof8.wordpress.com/

15th Dec 2015

We have to believe in our ability to change the world, because that is when it will happen….

No Jab, No Pay/Play – implications for families presently holding a conscientious objection in Australia

Many families have expressed concerns because of the confusion and conflicting information being circulated around the new No Jab, No Pay/Play legislation, all of which is to come into effect on 1 January 2016.

Hopefully the following information will assist by providing some clarification…

1) The “No Jab, No Pay” vs “No Jab, No Play” legislation

• “No Jab, No PAY”

This is Commonwealth legislation which affects families nationwide, but only to receipt of certain social security benefits from the Commonwealth Government (via Centrelink).

It does not relate to enrolment or attendance in childcare. Apart from the Child Care Rebate and all Child Care Benefits (including Grandparent Child Care Benefit, Special Child Care Benefit or Jobs, Education and Training Child Care Fee Assistance), the only affected benefit is the Family Tax Benefit A end-of-year annual supplement (presently $726 per child). The other FTB Part A and Part B benefits are NOT affected.

http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5540

• “No Jab, No PLAY”

This is the state legislation that has been passed this year in Victoria, so is applicable only in Victoria and relates only to access to child care and kindergarten in Victoria. It affects only access to child care after 1 January 2016.

http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/

If you live in Victoria and may be affected after 1 January 2016 by the Victorian legislation, enrolment of your child (confirmed in writing) before 1 January 2016 will protect you from being impacted by this legislation.

Similar legislation has also been passed this year in Queensland but it will only have a potential effect on child care access(in Queensland).

Enrolment of your child in child care in Queenslandbefore 1 January 2016 will not provide any protection against any impact of this legislation.

The Conscientious Objection exemption for access to child care in NSW remains available because there has been no change to the relevant NSW legislation since the 2013 NSW “No Jab, No Play” legislation came into effect on 1 Jan 2014.http://www.legislation.qld.gov.au/Bills/55PDF/2015/PubHealthChVaccOLAB15.pdf

2) 63-day grace period in relation to “No Jab, No Pay”

Parents who prior to 1 January 2016 have already been receiving the linked benefits,but whose children will from 1 January 2016 no longer meet the“immunisation requirements” will have a 63-day grace periodin which to resolve the situation before any of the linked benefits are denied.

The “No Jab, No Pay” legislation removes 63-day grace period from 1 January 2016 for new claims only.3) Which vaccines are linked to the benefits

The vaccines that are linked to the benefits to which “No Jab, No Pay” relates

do NOT include all of those on the National Immunisation Program (NIP)

schedule up to the age of 5.
The benefits-linked schedules are instead set completely independently of the NIP by the Minister,and presently include fewer vaccines than are included in the NIP.

The benefits-linked schedules are set out in these two legislative instruments:• Child Care Benefit (Vaccination Schedules) (DEEWR) Determination 2013
https://www.comlaw.gov.au/Details/F2013C00614• Family Assistance (Vaccination Schedules) (DSS) Determination 2015
https://www.comlaw.gov.au/Details/F2015L01939

These schedules:
• do not include any vaccines that are on the NIP schedule for over 5 years of age.
• do not include all of the vaccines that are on the NIP schedule for under 5 years of age.
The scheduled vaccines depend upon when the child was born.

4) “Valid consent” restriction upon Immunisation Providers

Immunisation Providers (IPs) will continue to be prohibited at law from vaccinating without voluntary and informed consent.

a) Re voluntary consent requirement

Immunisation Providers will continue to be obliged, in relation to each vaccine, before it is administered, to:
• ensure that the parent’s consent is given “voluntarily in the absence of undue pressure, coercion or manipulation”Therefore, an IP cannot legally vaccinate the child if the IP is made aware that the parent is not able to provide voluntary consent.

The IP may be prosecuted for doing so and held liable for civil assault and any resultant injury, loss or damage.So if the parent is unable to provide voluntary consent, it is important that there be a record of:
• the involuntary nature of any consent by the parent, and
• the consequent refusal to vaccinate by the IP(s).
http://www.health.gov.au/internet/immunise/publishing.nsf/Content/Handbook10-home~handbook10part2~handbook10-2-1

A form has been designed for this purpose for parents in this situation, see below.

ACKNOWLEDGEMENT OF INVOLUNTARY CONSENT TO VACCINATION
I, …………………………………………….…..
name and title of Immunisation Provider

confirm that ……………………………..………
name of parent/s

has/have presented their child ..…………………..………………..………….…..
name of child

on this date………….… for the following vaccinations: ………..…. ……..……

I acknowledge that the consent provided by …………………………………….. name of parent/s
is not voluntary consent.

Given the absence of voluntary consent, I am/am not willing to proceed with the vaccination of

…………………………………………..
name of child

Signed by: …………………………………………………
name and title of provider

In the presence of : …………………………………………………
signature of witness

…………………………………………………
name of witness

………….…
date
The Immunisation Provider, upon being presented with the form, will either:
(1) complete the form in such a way as to indicate that the IP is not willing to proceed with the vaccination, and will then sign the form, or
(2) decline to sign the form, in which case the parent may sign a Statutory Declaration stating that the parent asked the

IP to sign the form and the IP refused. This will have the same effect as (1).

The wording of the Statutory Declaration might be as follows:

STATUTORY DECLARATION
I, ……………………………….. confirm that I has/have presented my child …..………………..
name of parent/s name of child

to ……………………………..…………………
name and title of Immunisation Provider

on this date………… for the following vaccinations: ……………….. ………………

I informed the Immunisation Provider that my consent is not voluntary consent.

I presented the attached form and requested the Immunisation Provider to complete and sign the form.

The Immunisation Provider then refused to sign the form.

Signed by: …………………………………………………
name of parent/s

In the presence of : …………………………………………………
signature of witness

…………………………………………………
name of witness

………….…
date

The parent may then lodge a complaint through Centrelink on the grounds that they are being disadvantaged through no fault of their own.

Imagine if thousands of us turned up to Centrelink with these forms to make complaints about not being able to

fulfill our vaccination requirements because doctors cannot breach informed consent, what a great spanner to throw in the works.

6) Law versus guidelines, and how that affects responsibility and liability

If the parent requests a GP/IP to assess their child in relation to:
• whether a medical exemption is appropriate (i.e. one or more vaccinations are “not in the best interests of the child’s health”), and/or
• determining the appropriate catch-up schedule (i.e. which, if any, vaccine doses are appropriate to include and when),
the GP/IP ought to be reminded of the following:

The Australian Immunisation Handbook is only a general guide

The “No Jab, No Pay” and related legislation directs the Immunisation Provider (IP) and/or general practitioner to the

Australian Immunisation Handbook 10th edition (“the Handbook”) for guidance in relation to either of the above two areas.

However, the Australian Government states in these disclaimers that the Handbook

“reflects the views of the authors and not necessarily the views of the Australian Government” and is only “a general guide”.

It warns that “it is possible that errors have been missed” in relation to “dosage recommendations”,

which “are continually being revised and new adverse events recognized.”

Liability will still likely rest with IP/GP or parent

Accordingly, the Australian Government will likely continue to

“not accept any liability for any injury, loss or damage incurred by use of or reliance on the information” in the Handbook.

http://immunise.health.gov.au/internet/immunise/publishing.nsf/Content/Handbook10-home~handbook10-tools~handbook10-Copyright#disclaimer

For further information, please contact us and we will try our best to help you.

This information was compiled by Bronwyn Hancock.

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Posted on December 20, 2015, in ConspiracyOz Posts. Bookmark the permalink. Leave a comment.

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