Chapter 4Concluding comments and recommendations
4.1The committee acknowledges that it has heard a wide range of views throughout the course of the inquiry. The committee reiterates its thanks to all organisations and individuals that participated via submissions, documentation and appearing at the public hearing.
4.2This chapter begins by considering the treatment of witnesses who appeared at the committee’s public hearing. It then discusses the interpretation of sources and scientific evidence. The chapter concludes by presenting the committee’s views and recommendations.
Conduct of the inquiry and the treatment of witnesses
4.3Due to a video that was posted by Senator Ralph Babet on social media platforms, the committee believes it is important to comment on the treatment of evidence and witnesses who appear at public hearings. This issue is discussed below.
Video material posted by Senator Ralph Babet
4.4On 13 June 2024, the committee held a public hearing for this inquiry. The committee invited a range of stakeholders to participate in the hearing, including government agencies, peak bodies and advocacy organisations. A full list of witnesses can be found at Appendix 2.
4.5On 18 June 2024, following the public hearing, it was drawn to the committee’s attention that Senator Babet had published video material from the public hearing on his social media accounts. In the video, the testimony of witnesses from the Department of Health and Aged Care, the Australian Bureau of Statistics, and the Australian Institute of Health and Welfare had been manipulated. Questions posed to witnesses from committee member, Senator Louise Pratt, had also been edited.
4.6The committee notes that the edits in the video material were misleading as they gave the impression that witnesses were unable to answer questions. As such, the committee found that the video material did not meet the requirements of the Resolution on the Broadcasting of Committee Proceedings, the Senate or the committee. The committee also noted that Senator Babet had used excerpts of committee proceedings in paid posts on the social media platform, Facebook.
4.7The committee acted swiftly to resolve this matter. The Chair of the committee, Senator Penny Allman‑Payne, wrote to Senator Babet on 19 June 2024 to ask that he immediately remove the video material. This letter can be viewed on the committee’s website.
4.8In the letter, the Chair drew Senator Babet’s attention to the Resolution on the Broadcasting of Senate and Committee Proceedings, Resolution 3(6), which states:
Broadcasts of proceedings of a committee, including excerpts of committee proceedings, shall be for the purpose only of making fair and accurate reports of those proceedings, and shall not be used for:
(a)political party advertising or election campaigns; or
(b)commercial sponsorship or commercial advertising.
4.9The committee further drew Senator Babet’s attention to the fact that a court may hold the publication of the material does not amount to a fair and accurate report of proceedings under the law of qualified privilege. Consequently, the committee noted that the publication would be unlikely to receive protection from defamation action, as per section 10 of the Parliamentary Privileges Act 1987.
4.10The committee also highlighted that the publication of the video may account to a misleading report of the committee’s proceedings, which could be investigated as a possible contempt under Privilege Resolution 6(7):
A person shall not wilfully publish any false or misleading report of the proceedings of the Senate or of a committee.
4.11On 19 June 2024, the committee received confirmation that the relevant video material had been removed from Senator Babet’s social media accounts.
Letter to the Chair from the Agency heads
4.12On 26 June 2024, Mr Blair Comley PSM, Secretary of the Department of Health and Aged Care, Ms Teresa Dickinson PSM, Acting Australian Statistician at the Australian Bureau of Statistics, and Dr Zoran Bolevich, Chief Executive Officer at Australian Institute of Health and Welfare (the agency heads), wrote to the Chair. This letter can also be viewed on the committee’s website.
4.13In this letter, the agency heads raised further concerns ‘about the Senator’s actions and the treatment of public officials who engaged with the inquiry in good faith’. They made the committee aware that:
Some of Senator Babet's followers posted threatening statements towards officials whose official evidence was misrepresented in the edited social media post. For example, statements included reference to 'hunting [witnesses] down' and ensuring they are 'shown the gallows'. This was distressing for witnesses and has the potential to cause harm.
4.14The agency heads also told the committee that in their view, ‘the publication of the manipulated video material does not aid the public debate or the legitimate contest of ideas’ and also advised that ‘some of the material continues to circulate online through engagement that occurred prior to removal of the original post’.
4.15The agency heads concluded by recognising their obligations to the Work Health and Safety Act and Regulations, which require them to protect their workers from harm by eliminating or minimising risk. As such, to fulfill their duty of care, the agency heads commented that they ‘may need to carefully consider who appears as witnesses for future inquiries from a safety perspective’.
Witness rights and the obligations of Senators
4.16The committee recognises that all witnesses who appeared at the public hearing did so in good faith and understands that it would have been distressing for witnesses to not only have their testimony manipulated, but to have also received online threats as a result.
4.17As such, the committee would like to convey its deepest disappointment that this video material was posted.
4.18As the committee continues its work in implementing the ‘Set the Standard Report’, the committee reiterates its commitment to ensuring that all Senators behave in accordance with Senate rules.
Respect for the scientific process and government agencies
4.19The committee notes the scientific nature of this inquiry, evident in the terms of reference and the subsequent evidence received via submissions, witness testimony at the public hearing, answers to questions on notice and additional information.
4.20Whilst not a committee comprised of scientific experts, the committee reiterates its respect of the scientific process, legitimate scientific and medical institutions, as well as government agencies and officials, whose submissions and testimony have illustrated that COVID-19 was the key contributing factor to excess mortality from 2021–2023.
Key learnings and recommendations
4.21This section presents the committee’s views and key learnings throughout the course of the inquiry, and associated recommendations.
Calculating excess mortality
4.22The committee understands that the Australian Bureau of Statistics (ABS) will, in future, produce estimates of expected mortality that includes COVID-19 in its baseline. The committee notes that this means the ABS will be considering how the number of deaths compare with expected numbers now that COVID-19 is an established factor influencing mortality.
4.23The committee further recognises that including COVID-19 in the baseline will provide new data insights, which can assist in policy and planning purposes, as well as providing insights into other emerging factors that have an influence on mortality.
4.24Noting the above, the committee encourages the ABS to include COVID‑19 in the baseline when calculating excess mortality estimates as a matter of priority, to acknowledge and reflect the post‑pandemic reality that now exists in Australia and globally.
The need to address existing data gaps
4.25The committee notes the identified gaps in excess mortality data in relation to both geographic data and First Nations data, as examined in Chapter 2.
4.26The committee understands that in some cases, it was a matter of such data existing, but not being made publicly available; in other cases, the issue was a lack of research and reporting on these particular cohorts.
4.27The committee recognises that these data gaps represent barriers to a fulsome understanding of the issue of excess mortality, and that these discrepancies may relate to broader inequities and disparities in the Australian health system. As such, the committee recognises that other vulnerable cohorts should also be accounted for in excess mortality estimates, including people with disability.
4.28As a result, the committee is of the view that these gaps in the existing ABS excess mortality data should be addressed.
4.29The committee recommends that the Australian Bureau of Statistics:
include geographic indicators in its excess mortality estimates; and
address gaps in the production and publication of data on excess mortality among Aboriginal and Torres Strait Islander people, people with disability, and people in rural and regional areas.
4.30The committee is of the view that it is paramount that data on Aboriginal and Torres Strait Islanders people be collected in line with the four Priority Reform Areas in the National Partnership Agreement on Closing the Gap.
Disparities in rural healthcare
4.31The issue of disparities in rural healthcare has been drawn to the committee’s attention in previous inquiries and is not new. The committee is of the view that rural health inequity is a preventable driver of excess mortality and acknowledges the importance of ensuring rural Australians have equitable access to healthcare, whether that be to everyday health services or to critical healthcare during national health crises.
4.32Whilst the committee recognises that structural barriers to healthcare and workforce challenges cannot be easily remedied, the committee sees value in the proposal of a National Rural Health Strategy as a way to address this preventable driver of excess mortality.
Compensation for those who have sustained vaccine injuries
4.33Following the testimony of witnesses and the large amounts of correspondence received by the committee in relation to vaccine injuries, the committee’s attention was drawn to the small number of individuals who suffer adverse events following immunisation, and the compensation to which they are entitled.
4.34The committee recognises that the efficacy and efficiency of vaccine compensation schemes are also important to addressing vaccine hesitancy. As such, the committee believes it would be prudent to review existing compensation arrangements for individuals who have sustained injuries following vaccinations and explore the benefits of a no-fault compensation scheme.
4.35The committee recommends that the Australian Government consider the design and compensation arrangements of a no-fault compensation scheme for Commonwealth-funded vaccines in response to a future pandemic event.
Lessons learnt and future responses to public health crises
4.36The committee believes it is appropriate to reflect on the lessons learnt over the course of the inquiry in relation to the management of the COVID-19 pandemic, with the view of improving responses to future public heath crises.
4.37The committee acknowledges that Australia’s healthcare systems are vast, complex and exist across multiple jurisdictions. However, the committee holds that the pandemic emphasised the need to explore ways to strengthen the resilience of Australia’s healthcare systems, so that it can withstand surges in demand during future public health emergencies.
4.38The committee is of the view that this was made evident in the disruption to screening services and health check‑ups during the pandemic, due to restrictions and a diversion of staffing and resources. Therefore, the committee firstly encourages the Department of Health and Aged Care to monitor the impact of lower screening rates on future excess mortality figures.
4.39To minimise similar disruptions during any future public health crises, the committee also urges the Australian Government to accelerate the establishment of the Australian Centre for Disease Control as a matter of priority, so that Australia is prepared to respond effectively to public health emergencies when they arise.
4.40Finally, the committee deems that the government should consider reviewing its communication strategies throughout the COVID-19 pandemic so that going forward, public health communication is provided clearly, consistently and frequently to all Australians.
4.41The committee notes that the government has commission the Commonwealth Government COVID-19 Response Inquiry to identify lessons learned to improve Australia’s preparedness for future pandemics.
4.42The committee recommends that the Australian Government establish the Australian Centre for Disease Control as soon as practicable.
4.43The committee recommends that the Australian Government task the Department of Health and Aged Care with reviewing Australia’s public health information communication strategies during the COVID-19 pandemic, to improve the delivery of future public health communication.
4.44The committee recommends that the Senate take note of the following:
witness participation in public hearings is critical to the committee inquiry process;
all witnesses who participate in committee public hearings should be treated with respect;
Senators should be reminded of the Resolution on the Broadcasting of Senate and Committee Proceedings.
Senator Penny Allman-Payne
Chair