Australian Capital Territory

Public Health (Infectious and Notifiable Diseases) Regulations1 (Amendment)
Subordinate Law No. 27 of 19932

The Australian Capital Territory Executive makes the following Regulations under the Public Health Act 1928.
Dated 15 July 1993.
wayne berry
Minister
bill wood
Minister

Principal Regulations
1.  In these Regulations, “Principal Regulations” means the Public Health (Infectious and Notifiable Diseases) Regulations.
Commencement
2.  These Regulations commence on the day on which they are notified in the Gazette.
Interpretation
3.  Regulation 3 of the Principal Regulations is amended—
	(a)	by omitting from subregulation (1) the definitions of “Medical Practitioner” and “School” and substituting the following definitions:
“ ‘medical practitioner’ means a person registered under the Medical Practitioners Act 1930;
‘school’ includes—
	(a)	a preschool;
	(b)	a primary, secondary, technical or private school; and
	(c)	a child care centre;”; 
	(b)	by inserting in subregulation (1) the following definitions:
“ ‘authorised person’ means a medical practitioner, a registered nurse or a person authorised in writing by the Medical Officer of Health to complete and sign an immunisation record;
‘child care centre’ means premises licensed under section 120 of the Children’s Services Act 1986;
‘immunisation’ means the process of administering to a person a vaccine registered under the Therapeutic Goods Act 1989 of the Commonwealth;
‘immunisation record’ means an immunisation record in accordance with Form 4 of Schedule 1;
‘registered nurse’ means a person registered under the Nurses Act 1988;
‘vaccine preventable disease’ means diphtheria, Haemophilus influenzae type b (Hib), measles, mumps, pertussis, poliomyelitis, rubella and tetanus.”; and
	(c)	by adding at the end the following subregulation:
“(4)  For the purposes of these Regulations a child shall not be taken to be immunised against a vaccine preventable disease unless the vaccine was administered in accordance with the National Health and Medical Research Council “Immunisation Procedures”, 4th edition, published 1991.”
Contacts
4.  Regulation 8 of the Principal Regulations is amended by omitting from subregulation (2) “for his removal given under the last preceding subregulation” and substituting “under subregulation (1)”.
Insertion
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
6.  Regulation 15 of the Principal Regulations is amended by omitting “a child enrolled at the school, or a member of the staff of the school,” and substituting “a member of the staff of the school”.
Measures for prevention of disease in schools
7.  Regulation 15A of the Principal Regulations is amended by omitting from paragraphs (a) and (b) “an infectious” and substituting “a”.
Exclusion from school
8.  Regulation 16 of the Principal Regulations is amended—
	(a)	by omitting from paragraph (1) (a) “an infectious” and substituting “a”;
	(b)	by omitting from paragraph (1) (b) “is infected with” and substituting “has”;
	(c)	by omitting from paragraph (2) (a) “an infectious” and substituting “a”; and
	(d)	by omitting from paragraph (2) (b) “is infected with” and substituting “has”.
Schedule 1
9.  Schedule 1 to the Principal Regulations is amended—
	(a)	by omitting Form 1 and substituting Form 1 set out in the Schedule to these regulations;
	(b)	by omitting Form 2 and substituting Form 2 set out in the Schedule to these regulations; and
	(c)	by adding at the end Form 4 set out in the Schedule to these regulations.
Schedule 2
10.  Schedule 2 to the Principal Regulations is amended by omitting the item relating to “Human Immunodeficiency Virus Infection (HIV)”.

	CONFIDENTIAL	Regulations 4 and 4B
Form 1
Australian Capital Territory
Public Health Act 
Public Health (Infectious and Notifiable Diseases) Regulations

This form may also be used for notifications under the Sexually Transmitted Diseases Act  1956 but the name of the patient need not be supplied.

I hereby certify that the person whose name and address appears hereunder is suspected by me to be suffering from

Full name of patient
Surname

Given Names

Address

Date of Birth	Age
	
Sex		Male		Female
Number in Household	
Country of Birth

Aborigine/Torres Strait Islander		Yes		No
Date of onset of illness	
Occupation

Place of work/school
		Suspected origin of disease, disposal of case, and any other remarks

Action taken re contacts

Diagnosis confirmed by laboratory test
		Yes		No
Name and Address of Medical Practitioner in BLOCK LETTERS or Stamp

Signature of Medical Practitioner
	
To:	The Medical Officer of Health 
GPO Box 825  Canberra  ACT  2601

Contact Phone No.
(06) 2050960	

	Form 2	Subregulations 4 (1)
	Australian Capital Territory	and 4B (1) and (2)
	Public Health Act
	Public Health (Infectious and Notifiable Diseases) Regulations

Attending Doctor    
Name	
National Number
(If known)	

Address			
	Notes for Attending Doctor
Please indicate HIV infection status of the person	
Hospital Name (if appropriate)		Diagnosed HIV infection (Category 1, 2 or 3)
Complete Part A Only	
Signature (Medical Practitioner)

	/	/		Diagnosed HIV infection (Category 4 -
Acquired Immune Deficiency Syndrome)
Complete Parts A and B	
	
A1  Identification of Person with HIV infection	A3  Exposure Category	
	Person was interviewed with regard to exposure	
Family Name (first 2 letters only)				Not at all (Detail)	
Given Name (first 2 letters only)				To a certain extent (Answer questions below)	
	Date of Birth	/	/		In depth (Answer questions below)	
Sex	Male		Female		More than one exposure category may be ticked
Sexual Exposure - at least one box must be ticked	
	Transsexual		
Postcode of current residence		
	Sexual contact only with person of same sex

Sexual contact with both sexes
(if female see A4)	
A2 Diagnosis of HIV infection
Date of first diagnosis of HIV infection	/	/	
	Sexual contact only with person of opposite sex
(see A4)
From a specified Country (Pattern - II or other Country1)
	Country	
State/Territory of first diagnosis
of HIV infection	
	No sexual contact

Sexual exposure not known	
CD 4+ count at first diagnosis
of HIV infection		Blood Exposure	
Did the person present with a
seroconversion illness?	Yes		No			Injecting drugs - Detail	
Date of seroconversion illness		/	/		Recipient of blood, blood products or tissue - Detail	
			Haemophilia/coagulation disorder - Detail	
Has the person had a previous
negative antibody test?	Yes		No		Vertical Transmission	
Date of last negative antibody test		/	/		Mother with/at risk of HIV infection - (see A5)	
Source of last negative test		Patient	Other Exposure	
		Doctor		Exposure other than those above applies - Detail	
		Laboratory		Exposure could not be established - Detail	
A4  Sexual contact with person of opposite sex	A5  Vertical Transmission	
Please indicate category of source person	Mother with/at risk of HIV infection due to	
			Injecting drug use	
	Bisexual male (women only)		Recipient of blood, blood products or tissue	
	Injecting drug user		Origin in Pattern - II or other Country 1	
	Person who received blood, blood products or tissue			Country	
	Person with haemophilia/coagulation disorder		Has HIV infection, exposure not specified	
	Person from Pattern - II or other Country 1		Sex with bisexual male	
		Country		Sex with injecting drug user	
	Person with HIV  whose exposure is other than those above
	Specify	
	Sex with person who received blood, blood products or tissue
Sex with person with haemophilia/coagulation disorder	
	Person with HIV, exposure not specified		Sex  with person from Pattern - II or other Country 1
	Country	
	Other exposure		Sex with  person with HIV, exposure not specified	
		Detail		Other exposure
	Detail	

B1  Diagnosis of HIV infection (Category 4 - Acquired
Immune Deficiency Syndrome)	B5  Diseases indicative of Category 4 Diagnosis
	At lease one must be ticked
Definitive Presumptive	
Date of Category 4 diagnosis	/	/			Pneumocystis carinii pneumonia	
Has the person been previously diagnosed as Category 4 
elsewhere?		Yes		No/Unknown			Oesophageal candidiasis   	
(1)	If YES and diagnosis was in another State/Territory
	Specify	
	
	Kaposi’s sarcoma 	Site
Herpes simplex virus > 1 month duration
	Site	
(2)	If YES and diagnosis was overseas, write country			Cryptococcosis	Site	
			Cryptosporidiosis (diarrhoea > 1 month)	
B2  Other characteristics of Category 4			Toxoplasmosis	Site	
Country of Birth		Australia			Cytomegalovirus	Site	
Other specify			Mycobacteriosis	Type	
If other, state year of arrival in Australia			Lymphoma	Site
	Type	
Current Status of Person			HIV encephalopathy	
(1)	Person is alive.  Date of most recent contact	/	/
(2)	Person has died.  Date of death	/	/			HIV wasting syndrome	
			Invasive cervical cancer		
			Tuberculosis	Site	
			Multiple episodes of bacterial pneumonia		
B3  Laboratory Tests for Category 4 Diagnosis	Other specify		
Date of first diagnosis of HIV infection	/	/			
CD4 + count at Category 4 Diagnosis
CD4 + results to be forwarded when available			
Date of specimen collection for
CD4 + count analysis	/	/	
Footnote 1	
Pattern - II countries	
B4  Antiretroviral Therapy	The original Pattern - II countries were sub-Saharan Africa and the Caribbean, where transmission is thought to be predominantly heterosexual.  This definition should now be expanded to include countries from South East Asia and India.
	
Indicate if the person has been treated with any of the following 
antiretroviral agents (If YES, Specify month/year when started)	ACT Health - Office Use Only	
	19	Zidovudine	19	ddl	Initials of ACT Health Officer	
	19	ddC	19	Other	Territory Case No.	
	Date notification received at Health	Date forwarded to National Centre	
Specify		/	/		/	/	
		h2560(8/92)	

	Form 4	Subregulation 14A (1)
Australian Capital Territory
Public Health Act 
Public Health (Infectious and Notifiable Diseases) Regulations
	
Immunisation Record 	(VACCS) Record No.		
 			
Name:   		DOB:  		
Address:  		Sex:  		

To be completed by authorised person	
Recommended age	Immunisation	Batch No.	Date Given	Signature and Stamp	Next Dose Due	

NOTES
1.	Reprinted as at 31 October 1991.  See also Regulation No. 8, 1992; Subordinate Laws Nos. 22 and 27, 1992; Act No. 14, 1993.
2.	Notified in the ACT Gazette on 21 July 1993.

©  Australian Capital Territory 1993