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Medical Exemptions

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[Update July 23 2019 – No Jab No Play came into effect in Western Australia on July 22 2019. This page will be updated with information about this law soon.]

This page was last updated on 27 February 2018

As at 01 January 2018, three states – Qld, NSW & Victoria – have legislated vaccination requirements for the purpose of enrolment in most early education and childcare services.

Additionally, the federal No Jab No Pay law, which requires vaccination for the purpose of eligibility to Childcare Benefit and Childcare Rebate, applies in all states and territories.  Consequently, even when a child qualifies for enrolment under state-based laws (including those five states which don’t have a No Jab No Play law to date), unless the child also qualifies for an exemption under the federal law, then the parent/guardian will not qualify for Childcare Benefits and Rebates.

Children who are assessed as having a medical contraindication to vaccination are exempt from the vaccination requirement under all three state-based No Jab No Play laws, as well as the federal No Jab No Pay law.

If your child qualifies for an exemption under the federal law, they will also qualify for enrolment under the state-based No Jab No Play laws.

Victoria and Queensland

The Victorian law, which was was amended in February 2018, and the Queensland law, are in line with the federal No Jab No Pay law with respect to medical exemptions.

Listed immediately below are links to the current requirements for obtaining medical exemptions under the federal No Jab No Pay law, and which also meet the requirements for Victoria’s and Queensland’s No Jab No Play law.

New South Wales

Under the NSW No Jab No Play law, a child is exempt from the vaccination requirement when an authorised practitioner (which includes both doctors and accredited vaccination nurses) has certified that a child should have an exemption for one or more vaccines due to a medical contraindication to vaccination.

Listed immediately below are links to the current requirements for obtaining medical exemptions under the New South Wales law.

Other states and territories – ACT, Tasmania, South Australia, Western Australia, NT

Although there is no requirement for children to be vaccinated in order to be enrolled in early education and childcare services in these five states and territories, unless the child also qualifies for an exemption under the federal No Jab No Pay law, then the parent/guardian will not qualify for Childcare Benefits and Rebates.

Listed immediately below are links to the current requirements for obtaining medical exemptions under the federal No Jab No Pay law, in order to qualify for Child Care Benefit and Rebate.

Sources

No Choice No Way Laws (overview by State or Territory)
No Jab No Pay (conditions on childcare benefits/rebates and family tax benefits)
No Jab No Play (Qld)
No Jab No Play (Vic)
No Jab No Play (NSW)

Disclaimer

All information contained herein was, to the author’s knowledge, correct at the time of writing, but please note, this information is not intended to constitute legal advice about eligibility for enrolment in childcare services under Victorian law, or eligibility for government subsidies or benefits under federal law.  Parents should verify all information with their childcare or early education provider or their state government  with respect to enrolments, and the Commonwealth government with respect to subsidies.

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