The Department of Health is a disgrace.
In Estimates I asked Comcare (workers compensation for Federal Government employees) why they refuse to support an employee from the Department of Health injured by the jab.
This employee has not been able to work for over two years and has had to sell his house to pay for his medical bills due to his injury.
Their argument is that the Government didn’t mandate the employee to take it.
The Government did however strongly encourage everyone to take it and repeatedly stated it had been properly tested and was safe and effective.
If the Government can indemnify the foreign company that made the vaccine why can’t they indemnify Australians injured by the vaccine?
Education and Employment Legislation Committee
04/06/2024
Estimates
EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO
Comcare
Senator RENNICK: How are you going?
Senator Watt: Terrific.
Senator RENNICK: That’s good, Murray.
Senator Watt: How are you?
Senator RENNICK: I am not too bad, but I’m actually asking this for a constituent who worked for the department of health and got the vaccine and, two years on, he’s had his Comcare claim rejected on the grounds that the vaccine wasn’t mandated. This is a guy who can no longer work. He’s lost his job because he can’t get to work, and now he’s lost his house. Why is it that Comcare isn’t looking after people? He worked for the department of health. He said he was strongly encouraged on numerous occasions to get the vaccine. Now Comcare has turned around and said basically that, because he wasn’t mandated to get it, it is not the department of health’s or the government’s problem. Have you got anything to say about that?
Mr Vines: I would have to take that on notice. I am not familiar with that claim at all. I just simply can’t comment on that one. Also, as you would appreciate, we are not able to go into the detail of individual claims. Even in a general sense, no, I’m sorry, I can’t comment.
Senator RENNICK: Let’s take it at a high level. An employer mandates, or strongly encourages, an employee to get the vaccine and they then get injured by that vaccine. Do you think the employer should take responsibility for that, especially when it’s the department of health, which should know what they are talking about?
Senator Watt: Chair, we don’t generally do hypothetical questions in estimates. This has come up a few times.
Senator RENNICK: I know Murray that you call the ‘vaccine injured’ antivaxxers. You have done that before.
Senator Watt: No, no. What I am talking about—
Senator RENNICK: How about you show some respect to these people and actually let—
Senator Watt: What I’m saying is that, a number of times over the last few days, senators have sought to ask questions around, ‘What if this happened?’; ‘What if that happened?’; ‘What do you think about this?’
Senator RENNICK: But it did happen. It is not a hypothetical. This has happened.
Senator Watt: I don’t know whether you have already raised this directly with Comcare but, if there is a particular case you have a concern about, that would be the appropriate way to deal with it where you can put forward the exact circumstances.
Senator RENNICK: We have done that.
Senator Watt: To Comcare?
Senator RENNICK: Yes.
Senator Watt: And Comcare can then respond to the exact circumstances.
Senator RENNICK: I will follow it up again. I thought it would be good to get a position on this. I’ll ask you then, Minister, do you think that if someone has been strongly encouraged to get a vaccine and they’re injured by it—and this particular employee was encouraging people to get the vaccine—that the employer should look after the employee? You’ve got a history of working in the employment pool.
Senator Watt: I am not going to deal with a hypothetical and I’m not going to give you a legal opinion.
Senator RENNICK: Aren’t you a lawyer? Didn’t you work in employment law?
Senator Watt: Yes, I did. I have moved on from those days. Ministers and officials—
Senator RENNICK: Well, Murray, this is the first time I’ve ever seen you short of a few words.
Senator Watt: I’m trying to get a few words out but you’re interrupting me. Ministers and officials don’t give legal opinions at the estimates table.
Senator RENNICK: But surely this is a part of government policy that you can speak to?
Senator Watt: Sure.
Senator RENNICK: So what’s the government’s policy on people who worked for the Australian government injured by a vaccine? Should they be compensated or not?
Senator Watt: We are talking about Comcare here. I suppose that, if they are able, Comcare could probably give you a position about how they have handled vaccine-related injuries—maybe something general like that. I’m not trying to be difficult. I’m just saying that you can’t really answer hypothetical situations about ‘What if this?’ or ‘What if that?’ We could talk about—
Senator RENNICK: I can tell you what’s difficult—
CHAIR: The reason why we don’t allow hypotheticals is that if you’re basing your question on a perceived fact and you’re asking him to make a hypothetical comment about it on a perceived fact, then you are giving misdirection to somebody who is raising an issue. It’s not the only reason but that’s part of the reason.
Senator Watt: As I said, Comcare may be in a position to give a general position.
CHAIR: Rather than all assisting each other, what if I just say—
Senator O’SULLIVAN: Can I just take a point of order?
CHAIR: You can definitely ask a question on the broader question about what sort of instructions they give—
Senator RENNICK: Well, I’ll finish on this then. What is difficult is coming—
CHAIR: You can ask how they actually handle a matter that comes forward and what would be the process. You can ask those sorts of questions.
Senator O’SULLIVAN: A question on policy was asked at the end of Senator Rennick’s contribution. It was specifically about what the government’s policy is.
CHAIR: I am just saying that—
Senator O’SULLIVAN: I would actually appreciate the answer to that.
CHAIR: Let’s say that the three of us are in agreement. Are you in agreement, Senator Rennick, to ask the question that the three of us agree you should ask?
Senator RENNICK: What is the government policy on people injured by a vaccine who have been encouraged to take it by the Australian government?
Senator Watt: I don’t know what the government policy generally is. I am happy to take it on notice. If Comcare is in a position to talk to you about their policy, they would be able to do that.
Mr Vines: From what I understand, we don’t have a policy per se on COVID vaccines. We would assess that claim, be it for an injury or an illness in accordance with the Safety, Rehabilitation and Compensation Act. There are not specific provisions in that for vaccines or for COVID or for anything else. We would apply the statute to the facts of that case.
Senator RENNICK: If you could prove a connection to the workplace, do you accept that the government has a responsibility to provide compensation to an employee?
Mr Vines: It is Comcare that provides compensation. In most of these cases it is never a straight line of facts; there are always side issues. There are many things that come into play in this. That’s why it’s difficult for me to—
Senator RENNICK: It is a pretty straightforward connection. He is a very fit, healthy guy.
Mr Vines: That’s where you have the benefit over me. I’m not familiar with the detail of this case at all. I’m very happy to look at it if you are able off the record—not on public record—to refer the name to me. I am very happy to have a look at that and find out what the situation it.
Senator RENNICK: Thank you.
