Disputes about the immunisation of children can become emotionally charged after separation. When parents share parental responsibility, medical decisions are classified as major long-term issues under the Family Law Act 1975. This means both parents must consult and make a genuine effort to agree before action is taken.
If agreement cannot be reached, the law provides a structured pathway to resolve the dispute, always guided by what is in the child’s best interests.
Legal Framework in Queensland
The immunisation of children is supported by national health policy and state legislation. Australia’s National Immunisation Program (NIP) provides free routine vaccines from birth to 4 years. In Queensland, childcare services operate under the Public Health Act 2005, which allows centres to request an Immunisation History Statement and, in some cases, refuse enrolment if requirements are not met.
Additionally, the “No Jab, No Pay” policy under the A New Tax System (Family Assistance) Act 1999 links family assistance payments to up-to-date vaccinations (unless a valid medical exemption applies).
What Happens If Parents Disagree?
When separated parents cannot agree on the immunisation of children, neither can act unilaterally if shared parental responsibility exists. The usual process involves:
Family Dispute Resolution (FDR): Mediation with an accredited practitioner.
Section 60I Certificate: Issued if mediation fails.
Court Application: The Federal Circuit and Family Court of Australia may make a specific issue order.
Australian courts generally rely on established medical evidence. Unless there is a documented medical contraindication, courts have consistently found that following the NIP aligns with a child’s best interests.
Medical Evidence and Exemptions
Vaccines approved in Australia are rigorously assessed by the Therapeutic Goods Administration (TGA). Medical exemptions may apply in rare cases, such as severe allergic reactions. Conscientious or religious objections are not recognised for federal benefit purposes.
Where a child has special vulnerabilities, such as premature birth or chronic illness, courts treat medical recommendations with particular weight.
Practical Steps for Parents
If conflict arises over the immunisation of children:
Communicate calmly and focus on medical advice
Obtain written guidance from a GP or specialist
Attempt mediation early
Seek legal advice before court proceedings
Early resolution reduces stress, cost, and long-term co-parenting conflict.
Frequently Asked Questions
1. Who decides about childhood vaccines after separation?
Parents with shared responsibility must agree or seek court orders.
2. Can one parent vaccinate without consent?
Not if shared parental responsibility applies.
3. Are vaccines mandatory in Australia?
They are required for certain government benefits and childcare access.
4. What is the NIP schedule?
It outlines vaccines from birth to 4 years.
5. What if mediation fails?
You may apply to the Family Court with a Section 60I certificate.
6. Does the court favour vaccination?
Generally, yes, unless strong medical evidence suggests risk.
7. Where are records stored?
On the Australian Immunisation Register (AIR).
8. Can older children consent for themselves?
Possibly, if deemed Gillick-competent.
9. Are medical exemptions allowed?
Yes, but only with certified medical evidence.
Contact Aylward Game Solicitors
Call: 1800 217 217
Email: mail@aylwardgame.com.au
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