Physician Suspended for Criticizing COVID-19 Vaccine Wins Legal Battle Against Medical Authorities
The Supreme Court of Queensland determined that there was no foundation for AHPRA’s assumptions that Dr. Bay had violated any relevant legislation.
An Australian doctor who was suspended for expressing concerns about the safety of COVID-19 vaccines has successfully sued local medical regulators and regained his registration.
Dr. William Bay, a GP registrar in Brisbane, engaged in a legal dispute with the Australian Health Practitioner Regulation Agency (AHPRA) and the Medical Board of Australia (the Board) after his registration was suspended in 2022.
Prior to his suspension, Dr. Bay had voiced his opposition to COVID-19 vaccines both online and in public, cautioning people about potential risks to their health.
Dr. Bay made headlines when he disrupted a national Australian Medical Association conference in July 2022, labeling then-federal Chief Medical Officer Paul Kelly a “liar” and advising 400 doctors present to cease the enforcement of vaccines on individuals.
Contradicting Regulators’ View on COVID-19 Vaccines
Dr. Bay’s stance contradicted AHPRA’s position that vaccination plays a crucial role in the public health response to the COVID-19 pandemic and that registered health practitioners are obligated to educate the public about the importance and safety of COVID-19 vaccines to ensure high participation rates.
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“Any promotion of anti-vaccination statements or health advice which contradicts the best available scientific evidence or seeks to actively undermine the national immunisation campaign (including via social media) is not supported by National Boards and may be in breach of the codes of conduct and subject to investigation and possible regulatory action,” AHPRA and the Boards stated in 2021.
Dr. Bay’s actions led to five complaints and notifications being filed against him, some of which were escalated to the Office of the Health Ombudsman.
During an online meeting in early August 2022, the Board and AHPRA raised concerns that Dr. Bay posed a serious risk to individuals, necessitating an immediate suspension of his registration for the protection of public health and safety.
The medical regulators proceeded with the proposal and officially suspended Dr. Bay on August 17, 2022.
In November 2022, Dr. Bay initiated a lawsuit in the Supreme Court of Queensland seeking a review of AHPRA’s and the Board’s decision.
The Ruling
On December 13, the Supreme Court of Queensland issued a decision (pdf) declaring the suspension of Dr. Bay’s registration invalid.
Justice Thomas Bradley found that the notifications and complaints used by AHPRA and the Board to justify the suspension were related to Dr. Bay’s conduct in political settings and not his clinical practice.
“None of these alleged that Dr. Bay was providing clinical services that failed to meet professional standards,” he wrote.
“There was no basis for the Board to conclude that Dr. Bay had violated relevant legislation based on the notifications before them,” the judge remarked.
Bradley also noted that the legal representatives of the Board and AHPRA failed to identify any grounds for the Board’s assumption that Dr. Bay had breached relevant laws with his actions.
“The serious allegation by the Board was unfounded, as none of the notifications supported it,” he wrote.
While acknowledging the unique circumstances surrounding the decision to suspend Dr. Bay’s registration, Bradley rejected the arguments put forth by AHPRA and the Boards, stating that they acted with bias and failed to provide Dr. Bay with a fair process during the suspension procedure.
“At no point did the Board have the authority to deny Dr. Bay a hearing before an impartial tribunal or deny him due process,” he stated.
“Their role was not to shield government and regulatory bodies from criticism.”
In addition to lifting the suspension, the Court ordered the Board and AHPRA to cover Dr. Bay’s legal expenses.
Dr. William Bay (C) is seen with his supporters outside the Brisbane Supreme Court in Brisbane, Australia, on Nov. 30, 2022. AAP Image/Darren England
An Exceptionally Fair Decision: Dr. Bay
Dr. Bay welcomed the ruling and praised the Court for its fair decision.
“I think Justice Bradley delivered an exceptionally fair and just decision to bring accountability to a government agency that has for too long gotten away with acting without any regard to the law … [the purpose of which] was to protect the health and safety of the public,” he told The Epoch Times.
“Clearly, they have failed at achieving that purpose by viewing free speech from clinicians as harmful when it is, in fact, protective for patients and the public.”
Dr. Bay added that the ruling sends a strong message to Australian medical professionals that their opinions on COVID-19 vaccines will not lead to breaches of the Code of Conduct and that the court will support them if medical regulators attempt to suppress free speech and clinical autonomy inappropriately.
Although Dr. Bay can reclaim his registration, he expressed doubts about resuming his medical career as he was expelled from the GP training program due to the suspension.
“I am eager to participate in further reforms of the medical regulatory system to bring more transparency and fairness to a system that is often abusive and intimidating for most healthcare providers,” he said.
“I am also looking forward to resuming my clinical practice in a telehealth or another online capacity.”
The Epoch Times has contacted the Board and AHPRA for their response.
