Unvaccinated children banned from childcare in NSW

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Childhood vaccinations exist for the following diseases:

  • Measles
  • Mumps
  • Rubella
  • Tetanus
  • Meningococcal
  • Whooping Cough

These are serious diseases some of which can result in the death of a child and many are also infectious. If one child contracts a disease then they could pass to others and put many more at risk. Vaccinations children have a greatly reduced risk of contracting these diseases. Despite this 1-2% NSW children under the age of 7 who are unvaccinated for ethical and perceived medical reasons.

Since the amendment of NSW Public Health Act 2010 in 2018, it is now an offence to allow an unvaccinated child to be enrolled in their childcare center. NSW health still states that it is not compulsory to vaccinate your child, however the Courts, in certain circumstances have ordered for the compulsory vaccination of children.

Where separated parents don’t agree on vaccination:

If the parents were both previously against vaccination and the opinion of one of the parents changes post separation. One parent can apply for the court to order that the child be vaccinated. If the order is in the best interest of the child the Judge will make it. To establish this the parent need only to provide the judge with expert medical evidence.

As yet no parent has successfully brought evidence that vaccination isn’t in the best interest of children.

Where both parents are against vaccination but special circumstances exist:

Where both parents oppose vaccination, Judges have ordered that the child be vaccinated, but only in very narrow circumstances. Compulsory vaccination has been ordered where it would mitigate a specific risk that was present to the child. Such as a risk that the child would inherit a blood born illness from the parents that a vaccination could eliminate.

These cases display the courts general view that vaccination of children is in their best interest. The wishes of parents in relation to vaccination are still largely respected in Australia, however there are circumstances which warrant their wishes being disregarded.

There are already 9 countries in the world in which it is mandatory to vaccinate your children.

With orders to vaccinate being made and unvaccinated children banned from child care, how long it will be before all Australians are forced to vaccinate?

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