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I expressed my disgust at the lack of data and the contradictions in the policy objectives of various legislation the Albanese Labor government is producing.

This parliament stopped making decisions long ago on issues relating to health, the environment and climate based on data. It now actually contradicts the data. Yet no one has the self-awareness to notice let alone care.

Thanks to the Albanese government, we’re now sending millions of dollars to the people of Tuvalu because their sea levels are rising when the data shows that in fact their island is growing in size and the sea levels are not rising. At a time when Australians are doing it hard from the rising cost-of-living, the PM wants to send millions of dollars to the Pacific over fear the people ‘might’ lose their homes based on flawed climate theories with no data. This is costing our country its future. We’re already feeling the pain as a result of this flawed process and it will hurt our grandchildren even more.

We urgently need responsible governance with policies based on real data for the good of all Australians.

Transcript

Senator Hanson has already outlined our party’s response to this, so I won’t go into that. I want to make it very clear that Pacific islanders, in my experience, are wonderful people. They’re very friendly. Fiji is the friendliest country on Earth, so I’m told. We have many Pacific islanders in the south of Brisbane. I’ve come across them in the regions, like when I worked in Kalgoorlie. They’re stars in the NRL. They’re wonderful people. I’ve got no issue with the people of the Pacific islands. 

What I have got an issue with are the people in this chamber, not just those who are here now. The people in the Senate are largely responsible for destroying this country. I’m going to talk briefly on how. For five days last week and for a half a day today, we discussed a bill about sea dumping, all based on the stuff that comes out of the south end of a northbound bull. It’s complete rubbish. In COVID, tens of thousands of people died needlessly to something that was supposedly based on the science. It’s now coming out that the injections were not safe and not effective. We were told the science was there. What a lie. We are spending trillions of dollars in forgone income—heaven knows how much our children and grandchildren will spend and how many opportunities they will lose—on climate. I’ll come to that in a minute. There’s not one shred of evidence that has ever been given in this parliament.  

We talk about the environment. All kinds of things are done in the name of the environment, without any evidence: the Murray-Darling Basin, no evidence; the Coorong lakes in South Australia at the Murray mouth, no evidence. In fact, these are contradicting the evidence, and everyone here is asleep. This parliament stopped making decisions on data long ago, and now it actually contradicts the data, and no-one is awake enough to even care. Trillions of dollars being spent and contradictions of the actual real-world data characterise decisions made in this parliament, characterise policies made by the major parties in this parliament and characterise legislation. In my previous work as an engineer and as an executive, if we ignored the data, people died—they died—just like they did because of COVID injections. Science is often touted in this chamber as justification for various policies, yet it’s never presented. Science is wonderful. It gave us objectivity. It gave us freedom from the days when, prior to science, the biggest muscle, the strongest financial warrior, the strongest religion prevailed. Then suddenly science emerged and gave us objectivity, and suddenly freedom emerged. Let me tell you briefly what science is. The first thing is that it relies on empirical, scientific data. It’s based on objective data, objective observations. And no-one in this chamber does that on climate, COVID or the environment. 

But the data is not enough. When I first came into the chamber, back in 2016, I used that term, ’empirical data’ and all the journalists and some of the politicians scurried off to find out what ’empirical’ means. It means objective, measured data. But that by itself is not enough. It needs to be presented with a logical scientific framework that proves cause and effect. No-one has presented the logical scientific points that show that carbon dioxide from human activity affects climate and needs to be changed. We now have Pacific Islanders supported to come here on that basis. Yet it’s never been done. A third part of science is that it’s backed up with hard references, scientific references—and not just peer reviewed, because peer reviewed can be done by anyone, but actually based upon assessing the papers objectively. They’re the three criteria: empirical scientific data, logical scientific points that prove cause and effect. 

With the whole climate scam, the climate fraud, no-one anywhere in the world has pointed out the specific quantified effect of carbon dioxide from human activity on any aspect of climate: not temperatures, not snowfall, not droughts, not storm frequency or severity or duration—nothing. There’s not one shred of basis for policy, because that is the basis for policy. There’s not one shred of evidence. I’ve even heard a list of scientists who are afraid of the climate—but no science. We even have a minister, who’s sitting in the chair now, who I asked for evidence. She gave me 25-plus papers, and not one shred of evidence. Some of them even said there is no warming going on. It’s amazing, yet she listed them as evidence. 

And we hear things like ‘the science says’, and not one person has distinguished themselves by characterising any of that above natural variability, as Senator Hanson said earlier today. Natural variability is cyclical, inherent, natural variation. That’s all we see in the climate signal. And the Greens won’t debate me. I first asked Senator Larissa Waters on Thursday 7 October 2010, at a public forum at New Farm, where we both shared the dais, along with three other people. I challenged her to a debate. She jumped to her feet faster than I have ever seen her move and said, ‘I will not debate you!’ She came up to me after the forum and said, ‘I will not debate you.’ I challenged her again, along with Mark Butler, Labor’s climate spokesman at the time, on Tuesday 14 June 2016 at the Solar Council Forum, where I was not a participant, and I challenged him to a debate. Both ran from the challenge. Monday 9 September 2019 was the first day I challenged the Greens officially in the Senate—Senator Di Natale and Senator Larissa Waters. Never have they debated with me. They will not present the science. They won’t treat the Senate with the respect of presenting empirical scientific data and logical scientific point—never; I’m still waiting. 

And why won’t they debate? Because they know they haven’t got the science. Yet we’re now sending, thanks to the government, millions of dollars to the people of Tuvalu because their sea levels are rising, when the data shows that that is not happening anywhere near that extent, and it’s all natural. 

One of the two biggest problems we have in this country is shoddy governance, driven by a lack of data and a lack of objectivity, reinforced by denial. The second thing is ceding our sovereignty. That doesn’t apply in this debate, but we are ceding the future of our children and the future of our country by not using objective empirical scientific data within logical scientific points.  

In light of Professor Brendan Murphy’s, the Secretary Department of Health & Aged Care, evidence during the June estimates that mandates are no longer justifiable, I asked the Human Rights Commissioner, Lorraine Finlay, for their latest guidance on COVID vaccine mandates.

Commissioner Finlay’s response was that this advice has not changed throughout the COVID response in terms of general human rights principles. What this means is that although governments can restrict individual human rights in an emergency, those restrictions need to be proportionate, non-discriminatory and targeted to risk.

This goes to the heart of the problem. Decisions were made that put Australia onto an emergency footing in 2020. Yet this has dragged on beyond what is reasonable. The response has not been proportionate to the risk of the COVID infection, which the Chief Medical Officer in March of 2021 admitted was low to moderate.

Discrimination remains to this day against those who exercised their right to say no to injections, despite the coercion. We must have a system in place whereby civil liberties are rightfully returned. The Australian Human Rights Commission should be at the forefront of calling for this, yet they appear to be captured, with the exception of Commissioner Finlay, who has come out strongly in support of human rights principles.

Commissioner Finlay is looking forward to the COVID Inquiry that was recently announced, after the Senate approved my motion to establish an inquiry to recommend and report on the Terms of Reference for a COVID-19 Royal Commission. She sees the need not only to look at the economic and scientific impacts and advice that were given throughout the COVID response, but the human cost too.

Transcript

CHAIR: Senator Roberts, do you want to see if you can get some questions done?

Senator ROBERTS: Yes. As the chair said, my questions are fairly short and straight to the point. What is the latest guidance from the commission on COVID vaccine mandates? Where was that published?

Ms Finlay: I would refer you to the answer we gave you in relation to this at the previous estimates. The advice remains the same in terms of the general human rights principles that we rely on in our approach to both
vaccine mandates and all other restrictions that were imposed during the COVID-19 pandemic.

Senator ROBERTS: I must compliment you here and express my appreciation and admiration for your stand on being so clear on the Voice and on misinformation and disinformation. I also want to thank everyone for being here tonight so I could do that. Are you aware of the evidence from the Secretary of the Department of Health and Aged Care, Professor Brendan Murphy, at the previous estimates in regard to COVID mandates?

Ms Finlay: In a general sense.

Senator ROBERTS: On 1 June, Professor Brendan Murphy said – at this stage in the pandemic there is little justification for vaccine mandates. That is the most senior health bureaucrat in the country who said that. There doesn’t seem to be any updated guidance from the commission on vaccine mandates despite the fact they are still in effect at employers and are clearly a breach of human rights that’s not proportionate to any supposed benefit. Why haven’t you come out clearly on this issue?

Ms Finlay: I would answer that in two respects. The first is that the guidance in terms of the general human rights principles remains the same. We are not medical experts. I think we discussed that at the previous estimates. Our advice is based on those general human rights principles where in emergency situations governments can restrict human rights but those restrictions need to be proportionate, nondiscriminatory and targeted to risk. So the advice remains the same because of the general principles of international human rights law that we rely on in informing our views about these things and those don’t change.

Senator ROBERTS: So you as a commission essentially follow blindly? The Chief Medical Officer advised me in March 2021 that the severity of COVID was low to moderate, not severe. So it was not a crisis.

Ms Finlay: No, our advice doesn’t follow blindly. Again, I would refer back to the evidence we gave previously and note that, for example, the most recent TGA advice in relation to their vaccination safety report
repeated the same advice that we discussed at the previous estimates in terms of the benefits of the vaccination outweighing the risks. It’s on the basis of that that the general principles of human rights law then apply.

Senator ROBERTS: I appreciate that you probably haven’t got any latitude to investigate, but the TGA told me at Senate estimates in February, I think, that they did not test the injections. They relied on the FDA in
America, which did not test injections. It relied on Pfizer, which shut down the trial because of the horrendous results.

Ms Finlay: I can’t provide any information on that—

Senator ROBERTS: No, I wasn’t expecting that. I’m just—

Ms Finlay: but I would refer to the second aspect of the answer that I was meaning to get to, which is that we welcome the opportunity for these issues to be explored at the COVID-19 inquiry that’s been announced. Certainly we have made public comments in relation to that inquiry about the need to not only look at the economic and scientific impacts of advice that was given throughout the pandemic but at the human cost of the
pandemic as well.

Senator ROBERTS: That’s refreshing to hear. Thank you.

I asked ASIO if they would investigate the origin of COVID, which is now known to be the Wuhan bio-lab and involves illegal USA Dept of Defense research?

The answer was clearly an emphatic NO.

Our head of intelligence has no interest in digging into events that led to COVID and worse still, the deadly COVID response.

Transcript

Senator ROBERTS: I just want to come back and follow up on a question from Senator Rennick. In World War II we lost 34,000 troops in addition to 70,000-plus casualties and about 10,000 deaths in Japanese prisoner-of-war camps. We were told by the previous government that it was nonsense, initially, that it came from Wuhan gain-of-function research. We now know that’s the case. In America they set up—you’re probably aware of this far more than I am—a Department of Defense medical countermeasures consortium involving Australia, Canada, the United States and Britain. It was a military operation, and we now know gain-of-function research was the origin of COVID. The number of deaths we’ve now had, around 30,000 to 40,000 deaths, rivals World War II. We know this was a military operation in that military departments from those four countries were involved. Surely it’d be something you’d research.

Mr Burgess: You’re saying it’s something we know. I don’t agree with you on that. I don’t know that, and I’m not taking any further action on the COVID matter.

Senator ROBERTS: It’s killed almost as many people as troops died in World War II.

Mr Burgess: I recognise the impact COVID had on the globe. As for the matter of whether it’s a threat to security and ASIO are investigating it, I can tell you we’re not investigating its origins.

Senator ROBERTS: I want to be clear: COVID didn’t cost those lives; the government’s injections cost those lives. Surely you want to know whether gain-of-function research led to the spike protein also in the injections.

Mr Burgess: I stand by my comments. We’re not investigating it.

ABSOLUTELY NOT!

This isn’t about health, it’s about fear. That is all that masks are useful for.

Will any government want to explain to Australia why we’re apparently on the 8th wave when the 6th booster is available?

The Labor government has done everything it can to avoid the scrutiny of a Royal Commission into COVID despite promising a Royal Commission on several occasions. Instead, PM Albanese has announced an inquiry that is guaranteed to be a whitewash to try an appease the Australian public who have been waiting for the Royal Commission.

I asked the minister why the government is afraid of a Royal Commission. Her answer was instead directed at the inhouse inquiry which is essentially three insiders investigating their mates. This is a travesty after the suffering, disruption and death that the COVID years brought to Australia.

This inquiry is a cover-up. Australians deserve a Royal Commission to bring the truth to light and prevent the same mistakes from happening again.

Transcript

Senator ROBERTS: Thank you. Minister, why do you fear a COVID royal commission, and is your support for the Chief Medical Officer and the TGA unequivocal?

Senator Gallagher: In relation to the second part, yes, absolutely. In relation to the first part, there is nothing to fear about the COVID inquiry.

Senator ROBERTS: There certainly isn’t.

Senator Gallagher: Hopefully genuine learnings will come out of it and we’ll all be better prepared for the next time we have a pandemic like that.

Senator ROBERTS: Thank you, Minister.

I tabled a graph based on data from the Australian Bureau of Statistics which shows a significant spike in excess deaths. This significant increase in 2021 and a further spike in 2022 are unexplained. The graph excludes respiratory diseases and COVID, which takes out the ‘COVID confusion’ and allows us to look at other factors, such as heart disease, strokes and organ failure. The Chief Medical Officer has a primary responsibility to keep Australians healthy (and alive). He must be called on to explain why 10,000 Australians more than average have died from causes that were not COVID related.

The spike in deaths correlates to the rollout of the COVID jabs. CMO Kelly testified the jabs were not the cause, but offered no explanation of what the alternative cause could be.

They don’t have any answers for us and that is simply not acceptable. I promised to hound down those responsible for our COVID catastrophe and I will keep that promise.

The principle of Occam’s Razor, whereby the most obvious explanation is the most likely, is being deliberately ignored by agencies and advisors to the government who are reliant on the flow of funding from the companies that made these jabs. Is it any wonder there is a flat out refusal to confront the truth of what is becoming a scandal of the century?

It’s time Dr Baffled was referred to a Royal Commission.

Transcript

Senator ROBERTS: I need to get through all my TGA questions.

CHAIR: I will endeavour to move to five-minute blocks to assist the committee progress. We will go as quickly as we can.

Senator ROBERTS: Thank you for being here. My questions are to the TGA. I would like to table these graphs.

CHAIR: We’ll consider them, Senator Roberts. We’ll distribute them. I am happy for this to be circulated to officials, but the decision on tabling will have to wait, Senator Roberts, until we have a source for the document. I don’t want to—

Senator ROBERTS: The Australian Bureau of Statistics.

CHAIR: I just need a link so we can verify the information. We’ve had issues today already with the content tabled. It can be circulated for officials to consider as part of your conversation, but it won’t go on the website until we’ve had time to consider it.

Senator ROBERTS: Sure. This is a graph of all causes of mortality in Australia over the last 10 years, with respiratory and COVID removed to focus on all other causes of death graphed as a percentage of the population. The source is the recently released ABS, or Australian Bureau of Statistics, Causes of death report, which added 2022 data. You’ll also note that the COVID measures themselves in 2020 did not have a noticeable impact on deaths, meaning there was something else in play here. You can see that the deaths bounced around the FRP, which is typical, of natural variation around 0.59 per cent deaths each year. In 2022, it shot up. That is clearly significant. What is more, the provisional deaths are still not included in the 2022 deaths. According to the Bureau of Statistics in Senate estimates last time, I think, they said that those deaths are 15 per cent below where they will end up once the coroner’s investigations are completed. That peak that you see there is clearly significant. It is going to be higher. That’s 10,000 deaths per annum unexplained and another 5,000 to 10,000 once the provisional deaths are changed with the autopsy included. This is about half to two-thirds of all casualties in World War II. If this is not cause—

Senator URQUHART: We traversed this morning. I think Senator Rennick asked similar questions this morning when you weren’t in here. I’m not sure whether they are the same and we’re going over the same ground.

Senator ROBERTS: No. I also have papers here that are available online by statistician Wilson Sy. There is a statistical evaluation of COVID-19 injections for safety and effectiveness in the New South Wales epidemic.
There is also an evaluation entitled ‘Australian COVID-19 pandemic: A Bradford Hill analysis of iatrogenic excess mortality’. He provides many graphs that clearly show correlation up and down with the injections. If this excess death in 2022 is not caused by the COVID injections, what the hell is the cause?

CHAIR: Senator Roberts, please try to keep your language parliamentary.

Senator ROBERTS: At the moment, it is 10,000. It will be 15,000 to 20,000 once the coroner’s report has come in. I will not leave this estimates session without an answer as to why so many people are dying all of a
sudden.

Prof. Kelly: I might start, Senator. Thank you for your question. I would point out that we have provided multiple answers to these similar questions over the last few months in questions on notice. It was actually, in
fact, very closely related to questions that came from Senator Rennick this morning. Your question really goes to excess deaths and the reason we are having excess deaths in Australia in the past couple of years. I will pass to my colleague Dr Phillip Gould for an explanation briefly.

Dr Gould: Senator Roberts, the statistic that you refer to around a 15 per cent underreporting of deaths in the ABS statistics is incorrect. The ABS has advised that since 2022 they’ve actually updated the way they report on deaths. That 15 per cent that was quoted to you—I understand it was quoted to you—was based on deaths which the coroner would not have included in the ABS statistics. In the data you are referring to, that has been amended.

Senator ROBERTS: Thank you for that. I didn’t know about that. I was going on what the ABS told me. That’s still a huge spike. It’s clearly significant.

Dr Gould: On that point of fact, that 15 per cent is not correct.

Senator ROBERTS: That is a huge spike. No-one has told us what is causing it.

Prof. Kelly: We did talk about it this morning. The perception you’re trying to put forward is that because there was vaccination at that time and there is excess death, that is not—

Senator ROBERTS: I’m not putting forward a perception. All I’m saying is that is statistically significant. It is a huge increase in deaths. I’d like to know the cause.

Prof. Kelly: And we don’t dispute that, Senator. I take the point that you are trying to make that there is some relationship between that graph you’ve got there and the temporal association with vaccines. We do not accept that as a premise. What we did talk about earlier today is a peer reviewed paper that has now been published that I mentioned at the last estimates. It clearly demonstrates there’s no link between the vaccines and all-cause mortality and that there is an extremely strong link between protection from COVID related mortality from vaccination. That is going back to the issue earlier of it being effective. It clearly is effective. It is not associated with this increase in mortality. There has been an increase in mortality; we don’t dispute that. You’ve removed respiratory mortality from this. It is an even more spectacular rise when you include that. In 2022 in particular, there was an increase in excess mortality respiratory related.

Senator ROBERTS: Respiratory diseases have been removed because of COVID. We know that all of the respiratory diseases have been removed. This is something other than COVID.

Prof. Kelly: Well, it may actually still be related to COVID, but it is not a respiratory disease. If we take into account that it goes to 2022. In this year, the testing for COVID has decreased, so there will be undiagnosed
COVID out there in the community, which may be associated with longer term issues, in which case—

Senator ROBERTS: Which tells me that you don’t see it as a threat. Otherwise you would still be testing.

Prof. Kelly: It’s still a serious disease. We know that there are some long-term effects. Many other countries in the world have seen cardiovascular death, for example, related to COVID. We haven’t seen that as much here in Australia. There are many of those other causes that Dr Gould went into earlier that have been potentially associated with long-term effects of COVID.

Senator ROBERTS: I will move on. Wilson Sy’s paper, by the way, shows clear up and down close correlation. I’m happy to give you the references to them later, if you want.

Many doctors have been targeted or notified by the Australian Health Practitioner Regulation Authority (AHPRA) simply for questioning the COVID injections.

These injections have since been found to be unsafe, not effective, and testing was inadequate. Doctors were targeted by AHPRA simply for fulfilling their professional duty by proactively warning of risks and providing information in reaction to questions from their patients. In providing patients with the advice and information required to give informed consent, health practitioners were providing a standard of care that is universally accepted as competent. Is political interference acceptable?

When questioning AHPRA recently, the Chief Medical Officer (CMO) jumped in and said they do not accept any of my three statements. The government still maintains, in the face of overwhelming international evidence, that the vaccines are safe, effective and that they work. During Senate Estimate in February, I asked Professor Skerritt for details about the Therapeutic Goods Administration’s (TGA) testing of the COVID injections in Australia. He responded that they did no testing here. He said the TGA relied on the US Food and Drug Administration (FDA). In turn, the FDA have stated they did no testing. Why? Because they relied on Pfizer’s in-house tests, yet Pfizer’s trials were shut down because of the poor results.

There have been strong criticisms of their methods and falsified results. The post marketing release of papers exposes both the flaws and the risks of these mRNA injections. If health practitioners are choosing to practice their duty of care as professionals in providing the advice that allows their patients to make an informed choice around the medicines they take, then this should be celebrated. Any health authority or regulatory body that vilifies or punishes this standard of care is acting only on behalf of pharmaceutical interests and not in the best interests of patients or the healthcare profession.

Transcript

Senator ROBERTS: Thank you for being here. Ahpra has made many unjustifiable decisions against doctors and other allied health professionals. Many doctors have told us this. What proportion of Ahpra members are practising doctors? Why is there such a lack of medical input into Ahpra’s investigations of doctors?

Mr Fletcher: Thank you, Senator. There are about 130,000 registered medical practitioners in Australia. I can give you the exact number on notice. It is roughly that figure. The regulation of medical practitioners in Australia is overseen by the Medical Board of Australia. That board has two-thirds medical practitioner members and one-third community members and is chaired by a medical practitioner.

Senator ROBERTS: Many doctors in Australia were suspended for commenting on COVID vaccinations. Many of the concerns expressed have now been shown to be evidence-based. Can you please explain Ahpra’s actions which deprived Australia of valuable medical manpower at a key juncture when doctors were sorely needed?

Mr Fletcher: I think we have previously advised the committee that there were, in fact, 31 practitioners suspended associated with concerns in relation to COVID-19 and the pandemic. There has been no further use of our IA, or immediate action, powers or suspensions since we last met with the committee. There are 15 practitioners who are currently suspended. In nine of those cases, there is an investigation ongoing. In six of those cases, a referral has been made to the tribunal. We make a referral to the tribunal—it is the independent tribunal in each state and territory—where there is a concern about possible professional misconduct. Those tribunal matters are either at a hearing stage or awaiting an outcome. That’s the current status of practitioners who have been suspended. Of the ones who are no longer suspended, there have been two where we’ve completed tribunal proceedings and the tribunal has taken action. In other words, it has upheld the view that there was a finding that required action on the part of the tribunal. Six of those practitioners have either surrendered their registration or moved to a form of non-practising registration. We’ve closed those matters on the basis that there wasn’t a public interest in continuing to pursue those matters. One has surrendered, awaiting a tribunal outcome. Five have had their suspension lifted. Another restriction was imposed by a board. That might be a condition on their registration or an undertaking that they’ve agreed to accept in relation to certain requirements on their registration around additional education, training or supervision.

Senator ROBERTS: Are we able to get the details of those cases on notice?

Mr Fletcher: I can certainly provide that data to you, yes. We need to be careful not to identify individuals. We can certainly give you some of the general themes in relation to the actions we’ve taken.

Senator ROBERTS: Yes, please. I know a number of doctors who have said, ‘To hell with it’, and they’ve left medicine. They are very good doctors. That is because of the way Ahpra has chased them. Ahpra has been reported as having targeted 20 of the 60 addiction medicine physicians in Victoria. It also targeted a leading addiction medicine physician in Queensland. The Queensland doctor’s and the Victorian doctor’s stories were covered in the press. In both cases, they were reinstated. Why was that? Please explain this vendetta against addiction physicians across the country. How can Ahpra suddenly forget their case against community minded doctors who are supported by the media?

Mr Fletcher: Senator, I can’t agree with the opening statement in your question. We don’t target medical practitioners. We don’t target any registered health practitioner. We respond to—

Senator ROBERTS: Excuse me. A lot of doctors think you do. A lot of doctors.

Mr Fletcher: Well, they are wrong to think that. We don’t target practitioners. What we do is respond to concerns that are raised with us, often by members of the public, sometimes by employers and sometimes by other practitioners. We assess each of those in the context of the concern that has been raised and the context of that person’s practice. If there is a concern that we have about a potential future risk for patient safety, that’s when a board would take regulatory action. So we don’t target practitioners. We certainly don’t have a campaign against particular areas of medical or clinical practice.

Senator ROBERTS: So how is it that some doctors have been targeted by Ahpra or notified by Ahpra simply for questioning the COVID injections, which have since been found to be unsafe and not effective and were never tested? Why is it that those doctors have been questioned by Ahpra simply for giving informed information and asking patients to give informed consent?

Prof. Kelly: Before Mr Fletcher answers, we don’t accept—

Senator Gallagher: We don’t accept that proposition.

Prof. Kelly: any of those or all of those three statements. The vaccines are safe.

Senator ROBERTS: Well, let’s have a look at the one they tested.

Prof. Kelly: They are effective—

CHAIR: Senator Roberts, you need to let the officials answer.

Prof. Kelly: and they do work.

Senator ROBERTS: Let’s have a look at the one they’re testing. I asked Professor Skerritt, and he said, ‘No, they did no testing here.’ That was in February Senate estimates. He said they relied on the FDA. The FDA said they did no testing. They relied on Pfizer. Pfizer shut down its trials because of the poor results. They’ve been heavily criticised. Where is your testing of the COVID injections?

Prof. Kelly: There was a full regulatory assessment, Senator. Our colleagues from the TGA, when you get to ask them, will assure us of that. They were safe, they were tested and they were effective.

Senator ROBERTS: We’ll come back to that.

I raised some concerns — matters that I was asking about for the first time — with the Human Rights Commission on the topic of the Voice referendum. Commissioner Finlay of the Human Rights Commission made several statements criticising the Voice and raising potential human rights implications. You’ll see in this video that Professor Croucher is unwilling to revisit any line of questioning she has answered to other senators in previous estimates.

Despite Commissioner Finlay’s concerns being shared by the majority of Australians, who voted down the referendum, the Commission published a statement on 30th of March that rejected Commissioner Finlay’s human rights concerns. I’ve requested on notice all internal email correspondence in relation to drafting that statement and Commissioner Finlay’s remarks.

The Australian public expects true impartiality and independence of the Human Rights Commission. We haven’t seen this on COVID and now the Voice except for Commissioner Finlay.

Transcript

Senator ROBERTS: Yes. As the chair said, my questions are fairly short and straight to the point. What is the latest guidance from the commission on COVID vaccine mandates? Where was that published?

Ms Finlay: I would refer you to the answer we gave you in relation to this at the previous estimates. The advice remains the same in terms of the general human rights principles that we rely on in our approach to both vaccine mandates and all other restrictions that were imposed during the COVID-19 pandemic.

Senator ROBERTS: I must compliment you here and express my appreciation and admiration for your stand on being so clear on the Voice and on misinformation and disinformation. I also want to thank everyone for being here tonight so I could do that. Are you aware of the evidence from the Secretary of the Department of Health and Aged Care, Professor Brendan Murphy, at the previous estimates in regard to COVID mandates?

Ms Finlay: In a general sense.

Senator ROBERTS: On 1 June, Professor Brendan Murphy said: At this stage in the pandemic there is little justification for vaccine mandates. That is the most senior health bureaucrat in the country who said that. There doesn’t seem to be any updated guidance from the commission on vaccine mandates despite the fact they are still in effect at employers and are clearly a breach of human rights that’s not proportionate to any supposed benefit. Why haven’t you come out clearly on this issue?

Ms Finlay: I would answer that in two respects. The first is that the guidance in terms of the general human rights principles remains the same. We are not medical experts. I think we discussed that at the previous estimates. Our advice is based on those general human rights principles where in emergency situations governments can restrict human rights but those restrictions need to be proportionate, nondiscriminatory and targeted to risk. So the advice remains the same because of the general principles of international human rights law that we rely on in informing our views about these things and those don’t change.

Senator ROBERTS: So you as a commission essentially follow blindly? The Chief Medical Officer advised me in March 2021 that the severity of COVID was low to moderate, not severe. So it was not a crisis.

Ms Finlay: No, our advice doesn’t follow blindly. Again, I would refer back to the evidence we gave previously and note that, for example, the most recent TGA advice in relation to their vaccination safety report repeated the same advice that we discussed at the previous estimates in terms of the benefits of the vaccination outweighing the risks. It’s on the basis of that that the general principles of human rights law then apply.

Senator ROBERTS: I appreciate that you probably haven’t got any latitude to investigate, but the TGA told me at Senate estimates in February, I think, that they did not test the injections. They relied on the FDA in America, which did not test injections. It relied on Pfizer, which shut down the trial because of the horrendous results.

Ms Finlay: I can’t provide any information on that—

Senator ROBERTS: No, I wasn’t expecting that. I’m just—

Ms Finlay: but I would refer to the second aspect of the answer that I was meaning to get to, which is that we welcome the opportunity for these issues to be explored at the COVID-19 inquiry that’s been announced. Certainly we have made public comments in relation to that inquiry about the need to not only look at the economic and scientific impacts of advice that was given throughout the pandemic but at the human cost of the pandemic as well.

Senator ROBERTS: That’s refreshing to hear. Thank you.

Principal Medical Officer at the Civil Aviation Safety Authority (CASA) has been absent during our previous senate estimates sessions despite my requests for her presence.

I asked her questions about her other roles and responsibilities, including her role as supervising GP and her other board positions. I also asked about her knowledge of pilot adverse events and what research underpins her position that such adverse events as myocarditis are predominantly caused by the COVID infection rather than the COVID injections.

It’s been a long wait to ask these questions of Dr Manderson and her staff appeared anxious to shield her from my line of inquiry. What do they have to hide?

In the May/June Estimates, I asked questions about former MP Craig Kelly being booted off Facebook (META) for posting alleged misinformation about COVID, which turned out to be accurate. Initially, Home Affairs denied involvement in censoring parliamentarians, however it transpired they were involved. These questions are following up to those asked in the previous Senate Estimates, where we have confirmation that Home Affairs censored a sitting Parliamentarian.

An international advertising agency was employed to identify posts that were contrary to the government’s narrative on COVID. Over $1,000,000 of taxpayers’ money was paid to M&C Saatchi to act as the thought police against the Australian people.

These referrals enabled social media companies to make what Home Affairs calls ‘their own determinations’ about flagged posts and accounts should they go against the platform’s own guidelines.

This is significant. Home Affairs claims it’s not in the business of censorship, but what else would you call such an arrangement? If the Labor government legislates its bill to combat misinformation and disinformation, we will see even more of this dystopian censorship.

Judging by the strained and carefully worded answers in this video, Home Affairs would like us to believe it had no influence on the censorship of Australians online during the COVID response. We’re not so naïve to believe their collaboration with social media companies such as META, which resulted in de-platforming an elected member of parliament, was anything other than authoritarian overreach.

Transcript

Senator ROBERTS: Thank you all for being here today. At the last Senate estimates, I was given many assurances by the witnesses from the Department of Home Affairs that no parliamentarians would have been
referred for censorship under your COVID-19 program. We now know that that was false. The Department of Home Affairs did refer the post of a sitting parliamentarian to the social media companies for censorship, and we’re meant to believe that the senior witnesses at this table knew nothing about it. Either the Senate was misled or the witnesses at this table do not actually know what’s going on in your department, as they refer parliamentarians for censorship. Is your department out of control?

Ms Foster: Our department is happy to respond to your question. Mr Smyth can take you through the detail.

Mr Smyth: I think, as referenced in previous hearings, the department is not in the business of censoring. We referred posts to social media platforms to take action at their discretion as to whether or not they felt that
particular posts breached their service standards. I know that, from the previous hearings in relation to whether or not there were posts that were from particular members of parliament, the secretary at the time said that he would be surprised. You are quite correct that there were referrals for a particular member of parliament that were made. They shouldn’t have been made, and the department has looked at its processes. But we do not now engage in any of the same activity. That activity ceased in late May of this year.

Senator ROBERTS: So you’re enabling censorship and you were serving the social media giants—Meta, in particular—with the provision of their own services.

Mr Smyth: As I previously said—

Senator ROBERTS: Is that correct?

Ms Foster: No, that’s not correct, Senator.

Mr Smyth: we are not in the business of censoring.

Senator ROBERTS: But you enable censorship.

Ms Foster: No, we provide referrals to social media companies in order that they can decide whether or not the activity meets their own service standards.

Senator ROBERTS: So you’re providing a service to Meta. Do you charge them an invoice?

Mr Smyth: No. The issues that were at play at the time related to public health and safety. We operated on advice and criteria that were provided to the department from the Department of Health. That was then assessed through a service provider that we had— M&C Saatchi. The department then reviewed the references from M&C Saatchi as to whether or not they were likely to have been in breach of the service standards of particular platforms. The platforms were then informed of that, and they made their own decisions.

Senator ROBERTS: Isn’t Meta big enough to look after itself? Can’t it do its job? Are you helping them?

CHAIR: Senator Roberts, I want to draw you back to the question—as being relevant to outcome 1.

Senator ROBERTS: They referred it, it seems to me, Chair—

CHAIR: Yes, absolutely.

Senator ROBERTS: with the intent of taking it down.

CHAIR: The relationship is obviously relevant. Direct questions about Meta might be better directed to them and is outside of outcome 1’s relevance.

Senator ROBERTS: You referred it with the intent of it being taken down, Mr Smyth.

Mr Smyth: No, we referred it with an intent as to whether or not the platform could determine whether it breached their own service standards.

Senator ROBERTS: Are you in the business of helping large global multinationals conduct their own affairs? Surely—

Mr Smyth: We’re in the business of looking after public health and safety, and it was in the middle of a global pandemic where a lot of people were dying.

Senator ROBERTS: Have you received legal advice on whether your department has breached the implied freedom of political expression with this program?

Mr Smyth: No.

Senator ROBERTS: Why not? This is pretty significant.

Mr Smyth: Because the posts that were referred to were a decision of the platforms themselves as to whether or not they would take any action.

Senator ROBERTS: The department has paid more than a million dollars to M&C Saatchi for their part in this COVID-19 censorship referral program. Did M&C Saatchi determine what was misinformation or did the department? Did M&C Saatchi or the department determine whether or not it complied with Meta’s guidelines?

Mr Smyth: The funds that were paid to M&C Saatchi from March 2020 to July of last year were $256,000 in relation to the COVID information. There was a previous contract that was already in place that was around $500,000-plus.

Senator ROBERTS: I have a question on notice—BE23-193—about M&C Saatchi payments. This is your response:

  • Of these payments, World Services Australia (trading as M&C Saatchi) has been paid a total of $1,000,911 (GST inclusive) from 1 July 2019 to 31 May 2023 for their work to produce analytical reporting on COVID-19 malign information in the Australian social media environment.

I jump in there to say that some of what is known as ‘malign’ is now vindicated.

This can be broken down into the following payments by financial year:

  • 2020-21: $757,470 – that’s three-quarters of a million.
  • 2021-22: $127,908
  • 2022-23: $115,533

That’s a lot of money going to an international advertising firm.

Ms Foster: You’ve asked us to take that on notice. We will be happy to do so.

Senator ROBERTS: This was your reply.

When people said they thought the government was censoring posts around COVID, that wasn’t a conspiracy theory; it was actually true. You were helping Meta to censor posts that have now proven to be correct.

Ms Foster: I think the officer has provided this evidence a couple of times already. We were referring posts to social media companies for their own decision.

Senator ROBERTS: In accordance with their guidelines—helping them out? Right. Minister, the pending misinformation/disinformation bill legitimises suppression and censorship with no definition of truth. It relies on ministers’ rules. I want to read a quote from Mr Pezzullo—

Senator Watt: I don’t think I would agree with your characterisation.

Senator ROBERTS: There’s no definition of ‘truth’ in your pending bill.

Senator Watt: The entire statement you made—I wouldn’t agree with your characterisation of this bill. I think it’s a bill designed to deal with an increasingly important issue in society, which is the use of social media platforms to spread misinformation and disinformation. That’s what I would say this bill is about.

Senator ROBERTS: But the government is exempt. The mouthpiece media, the mainstream media, is exempt. Social media is not and individual citizens are not. How can that be fair? I will read from Mr Pezzullo in the last estimates:

If we’ve inadvertently—and it would be inadvertent—made a referral of a sitting member or a senator, then I would find that regrettable because, in a sense, you’re held to account by your peers and by your electors; it’s not my job to hold you to account.

Since when has it become the government’s job to hold senators to account on what they say?

Senator Watt: Mr Smyth has already acknowledged—I can’t remember the exact words he used, but it was to the effect that it was regrettable that this had occurred on one occasion. The department looked into that issue after it was raised at the last estimates. Mr Pezzullo said that it would be regrettable if it had occurred, and Mr Smyth has already addressed that this morning.

Senator ROBERTS: Let me make it clear. I’m not talking about the department anymore. I’m talking about Labor’s pending misinformation/disinformation bill.

CHAIR: If that’s what you’re doing, that’s not relevant to outcome 1. I’ve given you—

Senator ROBERTS: I’m using—

CHAIR: No. Senator Roberts, I’ve given you two direction about asking relevant questions in this section. If you don’t have relevant questions then we do need to share the call.

Senator Watt: Chair, I make the point that not only are Senator Roberts’s questions not relevant to this outcome; they’re not relevant to this committee, because this bill that he is referring to is actually being led by the Minister for Communications. Perhaps Senator Roberts could take up those questions at that estimates hearing.

Senator ROBERTS: He will do.

Senator Watt: That is on now—today.

CHAIR: It is happening today and tomorrow, so you do have an opportunity to ask those questions to the appropriate officials.

Senator ROBERTS: Thank you, Senator Watt. Thank you, Chair.

Senator Watt: Here to help, you know what I mean!

Senator ROBERTS: I’m sure you are!