Letter to Chief Health Officer concering compulsory flu vaccination in aged care

Chief Health Officer,
GPO Box 48
Brisbane,
Queensland 4001

Dear Doctor

I write to you on behalf of the executive of the Council concerning the Aged Care Direction made by you pursuant to s 362B of the Public Health Act, which requires any person visiting an aged care home, including employees, after 1 May to have had a flu vaccination.

Related to this, is the recent media reporting that you will insist that any person who wishes to play rugby league in the restarted NRL season also must have a flu vaccination.

The power given to you under section 362B of the Public Health Act is extraordinarily broad to make any direction “to assist in containing, or to respond to, the spread of COVID-19 within the community”.

The goal of protecting the community from this pernicious virus is no doubt important. But as we have maintained throughout, that objective must take place in the context of the fundamental rights of the Queensland community.

Moreover, the making of the Direction is no doubt subject to judicial review and a court would require that there be at least a rational connection between the direction and the achievement of those objectives and most probably an objective basis for your opinion that the direction is necessary “to assist in containing, or to respond to, the spread of COVID-19 within the community”.

We would be grateful if you would please explain to us the connection between the requirement for a flu vaccine in aged care and protecting the community from COVID-19 Given that the flu vaccine is clearly not going to protect people from COVID-19, we assume the relationship is indirect such as that it will reduce the number of people in hospital?

But what is the connection in the case of rugby league players?

Furthermore, compelling people who work in or wish to visit an aged care home or play rugby league to vaccinate in our view brings in to issue the following rights, some of which are set out in the Human Rights Act, which also applies to your decision-making process.

Those rights are as follows:

1. Section 17 of the Human Rights Act provides that:

A person must not be

(c) subjected to medical or scientific experimentation or treatment without the person’s full, free and informed consent.

The common law recognises that individuals have a right to bodily autonomy. Compulsory vaccination violates the right of competent adults to direct the course of their medical care and treatment.

2. Section 26(1) of the Human Rights Act provides that “Families are the fundamental group unit of society and are entitled to be protected by society and the State.”

To deprive individuals of contact with their parents or grandparents is a stark attack on the family.

3. Making a person’s employment conditional on being vaccinated is an extraordinary measure, especially in the context of what you would expect to be the young, fit and healthy population of football players.

We acknowledge that all the rights in the Human Rights Act can be limited in accordance with section 13. However, it is the Council’s position that mandatory vaccination is only acceptable where there is an exemption for those who hold a personal, philosophical or religious objection to it.

Whilst we accept that there is a legitimate argument to be made for the need to achieve herd immunity the best available evidence would indicate that only about 2-3% of the general population, have beliefs, attitudes, and concerns that cause them to reject or delay some or all vaccines. https://theconversation.com/forget-no-jab-no-pay-schemes-there-are-better-ways-to-boost-vaccination-37921

Furthermore, there is good reason to believe that conscientious objectors represent only a small minority of the unvaccinated.

Finally, as we understand it, residents of Aged Care Homes are not being compelled to vaccinate for the flu

We query then why it is necessary to deprive people of these rights in the circumstances. In particular, why should people who work in aged care homes and play rugby league be deprived of their income in all these circumstances?

Moreover, in the case of people visiting their family members in an aged care home, why would it not be possible for those who do not wish to be vaccinated to visit their family members, unless the visitors have flu like symptoms, in some room or facility which is isolated from other residents who do not wish to have contact with unvaccinated people?


We look forward to receiving your comments.

see also Prof Paul Ward, Submission to the Senate Standing Committees on Community Affairs, re Social Services Legislation Amendment (No Jab, No Pay) Bill 2015 (Submission 326), 12 October 2015 https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/No_Jab_No_Pay/Submissions