Document ID: chunk:federal_register_of_legislation:F2024C00620:front:0:p3
Version: federal_register_of_legislation:F2024C00620
Segment Type: other
Provision Reference: 
Character Range: 6686–9531

a reference to the child meeting the immunisation requirements by reason of subsection 6(2), 6(3), 6(4) or 6(5) of the Act.

         Part 2 Immunisation requirements

8 Decision-making principles

       (1) The Secretary may make a determination under subsection 6(6) of the Act if, and only if, the Secretary is satisfied that the requirements in section 9, 10, 11, 12, 13, 14 or 15 of this Determination are met.

       (2) If, when making a determination under subsection 6(6) of the Act in relation to a child, the Secretary is satisfied that the child is likely to meet the usual immunisation requirements within a particular period, the Secretary must make the determination for no longer than that period.
           Note The Secretary is able to make another determination under subsection 6(6) of the Act in relation to the child at the end of the period.

       (3) If the Secretary makes a determination under subsection 6(6) of the Act in relation to a child because the Secretary is satisfied that the requirements in section 11 of this Determination are met, the Secretary must make the determination for no longer than 6 months after the child's first entry into Australia.

       (4) If, while a determination under subsection 6(6) of the Act is in force in relation to a child, the Secretary is satisfied that the child meets the usual immunisation requirements, the Secretary must revoke the determination.
           Note Subsection 33(3) of the Acts Interpretation Act 1901 applies to the revocation of a determination made under subsection 6(6) of the Act.

9 Refusal of consent to vaccination etc.

       (1) The requirements of this section are met if:

           (a)   the child is in the care of a person whose eligibility for CCS is being assessed (claimant); and

           (b)    neither the claimant nor the claimant's partner has legal authority to make decisions about the medical treatment of the child; and

           (c)    where the child is aged under 14 years—a person (other than the child) with legal authority to make decisions about the medical treatment of the child has refused, or failed within a reasonable time, to provide consent to the claimant taking actions to enable the child to meet the usual immunisation requirements; and

           (d)    where the child is aged at least 14 years—the child has refused, or failed within a reasonable time, to provide consent to the claimant taking actions to enable the child to meet the usual immunisation requirements.

10 Family violence

        The requirements of this section are met if there is a risk that:

           (a)  the individual whose eligibility for CCS is being assessed; or

           (b)  the child; or

           (c)  a member of the immediate family of the individual or the child;

        would be subject to