Queensland’s Largest Health Network Removes COVID Jab Mandate

A health care worker fills a syringe with Pfizer's COVID-19 vaccine in a file image. Robyn Beck/AFP via Getty Images

One of Queensland’s largest hospital networks, Mater Health, has lifted its COVID-19 vaccine mandate following a recent Supreme Court decision.

Mater operates a network of hospitals in South East, Central, and North Queensland including the state’s largest private maternity and newborn facility.

Mater Health clinical governance director, Christine Foley, said the executive repealed the statewide COVID-19 mandatory vaccination procedure after consultation with clinical experts and key stakeholders.

“The decision to repeal the vaccination mandate recognises the end of the COVID-19 public health emergency and was preceded by a comprehensive risk assessment,” Dr. Foley said.

“The aim of our vaccination mandate was to prevent or reduce severe illness and morbidity among patients and staff, and to maintain our readiness to deal with the COVID-19 pandemic.

“We achieved those aims and Mater is grateful to all employees and accredited practitioners for the incredible contribution they made to our COVID-19 response.”

The move comes after the Supreme Court of Queensland declared vaccine mandates unlawful under section 58 of the Human Rights Act 2019 on Feb. 27, following lawsuits from government workers.

Queensland Liberal National Senator for Queensland Gerard Rennick described the removal of vaccine mandates as “another step in the right direction.”

“Congratulations to all those Health workers who held the line. Your courage in standing up to the government overreach is to be commended,” Mr. Rennick said.

Vaccine Mandates for Ambulance Workers, Police ‘Unlawful’

In a ruling handed on Feb. 27 (pdf), a Supreme Court judge ordered that both the police commissioner and director-general of Queensland Health were now restrained from taking any enforcement actions or disciplinary proceedings related to mandates.

The court declared the human resources policy concerning COVID-19 vaccine requirements ineffective.

“I have not held that the QPS Directions and the QAS Direction were invalid, rather I have held that they were unlawful,” the judge said.

The court found the police commissioner failed to give “proper consideration” to human rights when making decisions related to the vaccine mandate directions.

“I do not accept that the commissioner had either identified the human rights that might be affected by the decision or considered whether the decision would be compatible with human rights,” the judge said.

Further, the court found that the former Department of Health Director-General did not establish the COVID-19 vaccine mandate as a condition of employment for Queensland Ambulance Service staff.

However, the judge did not address the vaccine’s transmissibility or efficacy in the ruling.

Billionaire Clive Palmer described the ruling as a “great victory for all Australians,” especially for those who were “illegally coerced into taking the vaccine.”

“We can celebrate because this is the first precedent in the Western world where a trial has gone the full distance and the court has found a trampling of human rights,” the United Australia Party founder said.

Mater Could Still Require COVID-19 Vaccines In the Future

Dr. Foley said it’s still possible in the future there may be a need for COVID-19 to become part of a “regular complement of vaccinations required for certain health workers.”

“This would only be implemented following a risk assessment in line with Infection Management requirements,” Dr. Foley said.

“Although COVID-19 is no longer a public health emergency, it is important that Mater remains vigilant against the disease and minimises the risk of infection in our facilities.”

The hospital network continued to encourage workers to take COVID-19 vaccines in line with Australian Technical Advisory Group on Immunisation (ATAGI) guidelines.

“It is important to note that vaccination remains our best defence against COVID-19, and Mater recommends all staff and accredited practitioners maintain their vaccinations in line with ATAGI guidance,” Dr. Foley said.

What is the ATAGI Advice?

New ATAGI advice (pdf) published on Feb. 29 recommends one dose of COVID-19 vaccine for adults older than 75 every six months. Australians between 65 and 74, or adults under 64 who are severely immunocompromised, are recommended to take the COVID-19 vaccine every 12 months.

These individuals can “consider” a dose every six months based on a risk-benefit assessment, according to ATAGI.

All other Australian adults under 64 are encouraged to “consider” a COVID-19 vaccine every 12 months based on a risk-benefit assessment.

Children between five and 18 who are severely immunocompromised, are also suggested to consider taking a COVID-19 vaccine every 12 months.

The federal Labor government recently advised it had accepted the advice for Australia’s 2024 vaccination program.

The government said COVID-19 continues to have a “significant impact across the community” and the best protection against severe disease is to “keep up to date with vaccinations.”

Health Minister Mark Butler said COVID-19 vaccines can be co-administered with other vaccines, like the annual influenza vaccine.

“COVID-19 vaccines continue to be available free of charge and are widely available through general practices and pharmacies,” he said.

“COVID-19 vaccines are available every six months for older people and adults with severe immunocompromise, and an annual vaccine dose for other adults.