No Choice No Way Laws – overview by State or Territory

This page was last updated on 21 November 2020

As at 7 August 2020, five states – Qld, NSW, Victoria, WA and now SA – have legislated vaccination requirements (with some permitted exemptions) for enrolment in most early education and childcare services.  A brief overview of each of these four laws is provided below.  Also see links to detailed information pages about both state and federal laws at the bottom of this page.

The vaccination requirements apply to both privately owned and government-run services.

On this page, there is also a brief guide to documentation obligations in the remaining four states and territories as well as information about the compulsory phase of school in all eight states and territories.

Queensland

Exemptions from the vaccination requirement:

• Services are permitted but not required by law to refuse or cancel the enrolment of unvaccinated children
• Medical contraindication to vaccination
• Child is undergoing catch-up vaccination schedule

Types of services subject to vaccination requirement:

• Long day care
• Kindergarten
• Family Day Care
• Outside school hours/vacation care
• Limited hours or occasional care
• Excludes Prep

New South Wales

Exemptions from the vaccination requirement:

• Natural Immunity
• Medical contraindication to vaccination
• Child is undergoing catch-up vaccination schedule
• Temporary exemption for 12 weeks – Aboriginal & Torres Strait Islanders & other disadvantaged groups e.g. children in emergency foster care

Types of services subject to vaccination requirement:

• Long day care
• Pre-school (including Distance Education)
• Family Day Care
• Occasional care
• Excludes Kindergarten

Victoria

Exemptions from the vaccination requirement:

• Natural Immunity
• Medical contraindication to vaccination
• Child is undergoing catch-up vaccination schedule
• Aboriginal & Torres Strait Islanders & disadvantaged groups eg. Health Care Card holders

Types of services subject to vaccination requirement:

• Long day care
• Kindergarten
• Family Day Care
• Occasional care of more than two hours per day or more than six hours per week
• Excludes Prep

Western Australia

Exemptions from the vaccination requirement:

• Natural Immunity
• Medical contraindication to vaccination
• Child is undergoing catch-up vaccination schedule
• Aboriginal & Torres Strait Islanders & disadvantaged groups eg. Health Care Card holders

Types of services subject to vaccination requirement:

• Long day care
• Family Day Care
• Kindergarten
• Excludes Pre-Primary

South Australia

Exemptions from the vaccination requirement:

• The child has a medical contraindication to a vaccine, such as anaphylaxis
• The child has natural immunity to a particular disease
• The child is part of an approved vaccine study
• The vaccine is temporarily unavailable
• The child is vaccinated overseas
• The Secretary has determined that the child meets the immunisation requirements

Types of services subject to vaccination requirement:

• Childcare
• Occasional Care
• Family Day Care
• Pre-school
• Kindergarten

Other states and territories – ACT, NT and Tasmania

There is currently no No Jab No Play legislation in place for ACT, NT and Tasmania.

For information about your obligations with respect to vaccination status documentation when enrolling your child in early childhood education and childcare services in these four states and territories see Other states and territories.

Eligibility for childcare subsidies is determined by federal law

The federal No Jab No Pay law, which requires vaccination for the purpose of eligibility to Childcare Subsidy, applies in all states and territories.  Consequently, even when a child qualifies for enrolment under state law, unless the child also qualifies for an exemption under the federal law, then the parent/guardian will not qualify for Childcare Subsidy.

There is no vaccination requirement for enrolment in the compulsory phases of school

Some authorities and schools tell parents that children must be vaccinated to enrol them in the compulsory phases of school.  This is not correct, anywhere in Australia.  For further information see No Jab No School – Not true.

Click on the following links for detailed information on:

• • No Jab No Pay (conditions on childcare subsidies and family tax benefits))
  • No Jab No Play (Qld)
  • No Jab No Play (NSW)
  • No Jab No Play (Vic)
  • No Jab No Play (WA)
  • How the laws passed