No Jab No Play is state law. In NSW, Victoria, WA and SA, a service must not enrol a child (in Victoria, must not confirm the enrolment) unless an approved record shows the child is up to date, on an approved catch-up schedule or has a valid medical exemption, with short grace periods for specified groups. In Queensland services may refuse or cancel enrolment of a child who is not up to date. The ACT, Tasmania and the NT have no enrolment requirement. Everywhere, the National Regulations require the child’s immunisation status in the enrolment record (r 162), unvaccinated children may be excluded during an outbreak, and No Jab No Pay ties Child Care Subsidy to immunisation nationally.
What each state requires of services before a child can be enrolled, the grace periods for vulnerable children, and how this fits with the National Regulations and Child Care Subsidy.
| State | What the service must do | Grace period or exemptions |
|---|---|---|
| NSW (NSW Health) | Under the Public Health Act 2010 (s 87), must not enrol a child unless approved documentation shows the child is fully vaccinated for their age, on a recognised catch-up schedule, or has a medical reason not to be vaccinated | Children in out-of-home care or under a guardianship order, Aboriginal and Torres Strait Islander children, children cared for by another adult due to exceptional circumstances, and children evacuated in an emergency may be enrolled, but the service must take reasonable steps to get the certificate within 12 weeks (NSW Health) |
| Victoria (Health Victoria) | Under the Public Health and Wellbeing Act 2008, before confirming an enrolment in long day care, kindergarten, family day care or occasional care, obtain an AIR Immunisation History Statement showing the child is up to date. Does not apply to outside school hours care | A 16-week support period for eligible children, during which the family is helped to obtain the statement |
| Queensland (Queensland Health) | Under the Public Health Act 2005, approved services may refuse enrolment, cancel enrolment, refuse attendance or impose conditions if a child is not up to date; applies to long day care, kindergarten, family day care, OSHC and vacation care, limited hours and occasional care | Children with a medical reason or on a catch-up schedule are treated as eligible; vaccination objection is not an exemption (NCIRS) |
| Western Australia (WA Health) | Under the Public Health Act 2016, a child’s AIR statement must show they are up to date (or on catch-up) to enrol in long day care, family day care, pre-kindergarten or kindergarten; a Chief Health Officer certificate can also be accepted | Catch-up schedule or a certificate issued by the Chief Health Officer |
| South Australia (SA Health) | Since 7 August 2020, under the South Australian Public Health Act 2011, must not enrol a child, and a child cannot continue to attend, unless immunisation requirements are met; keep a current approved record and provide records within 24 hours of a request in an outbreak. Out of school care is excluded | Six-week temporary exemption for Aboriginal and Torres Strait Islander children and children in out-of-home care; class exemptions (for example children under 7 months); time-limited catch-up schedules |
| ACT, Tasmania, NT (NCIRS) | No immunisation requirement to attend | Unvaccinated children may be excluded during an outbreak |
Separately, children must meet immunisation requirements for families to receive Child Care Subsidy and Family Tax Benefit Part A (Department of Health); vaccination objection is not a valid exemption. This is managed by Services Australia using the Australian Immunisation Register, not by the service. See Child Care Subsidy provider obligations.
It depends on the state. In NSW, Victoria, WA and SA services must not enrol a child who is not up to date unless they are on an approved catch-up schedule, have a medical exemption, or fall in a grace-period group. In Queensland services can choose to refuse. The ACT, Tasmania and the NT have no enrolment requirement.
New South Wales, Victoria, Queensland, Western Australia and South Australia. Queensland's version lets services choose to refuse; the others require services to refuse enrolment unless requirements are met.
Not in Victoria, where it does not apply to outside school hours care, and not in South Australia, where out of school care is excluded. Queensland's discretion does extend to OSHC and vacation care.
In most states the rules apply at enrolment, but unvaccinated children may be excluded during an outbreak. In South Australia a child cannot continue to attend unless requirements are met, and Queensland services may cancel enrolment or refuse attendance.
NSW: 12 weeks for specified groups. Victoria: a 16-week support period for eligible children. South Australia: six weeks for Aboriginal and Torres Strait Islander children and children in out-of-home care.
WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.
14-day free trial, no card →This page is a research summary, not legal or compliance advice. It is written in our own words from the sources linked on the page; confirm the position with your regulatory authority before relying on it for a compliance decision.