For years, I’ve been trying to get the Civil Aviation Safety Authority (CASA) to admit responsibility for allowing vaccine mandates on pilots, and the risk of injury that comes with that. I’ve been shocked at how evasive, argumentative and secretive CASA has been over this simple issue, that there is a risk of injury from vaccines, therefore making them mandatory introduces a level of risk into the cockpit.

CASA has lied, refused to answer questions they could have answered, and hidden witnesses from inquiry. As you can see from this session, there is a protection racket in place for this failure of an agency and Australian pilots are suffering hugely as a result.

Transcript

Senator ROBERTS: Thank you for appearing again. Could I have Dr Manderson to the desk, please. Dr Manderson, I asked you previously about the risk of myocarditis because you claimed to pilots that there was a higher chance of getting myocarditis from COVID than from the vaccine. I provided you with a systematic review that refutes that. It’s entitled, ‘COVID-19—associated cardiac pathology at the postmortem evaluation: a collaborative systematic review’. It was published in the Clinical Microbiology and Infection journal on 23 March 2022. I asked you to provide me with the evidence you had to base your previous statement about myocarditis on. That was in SQ23-004809. You undertook to provide the evidence that you had, but in the answer you simply referred to the TGA, not to evidence you had assessed to make the comment you made. I’d like to ask: did you write the answer to SQ23-004809 or did CASA officials?  

Ms Spence: I think we provided a follow-up answer to that and we advised that the response was provided consistent with the requirements of the standing orders around responding to Senate estimates questions.  

Senator ROBERTS: Who did you provide that to?  

Ms Spence: That was the answer to 00268 from committee question No. 254.  

Senator ROBERTS: Who wrote the first response?  

Ms Spence: The question was directed to the Civil Aviation Safety Authority, and the Civil Aviation Safety Authority provided that response. That’s consistent with the guidelines for officials.  

Senator ROBERTS: So who wrote the response?  

Ms Spence: I approved the response.  

Senator ROBERTS: Is that the guideline to responses that the government has just put out?  

Ms Spence: No. These date back to February 2015. I can table that response if that would be helpful for you.  

Senator ROBERTS: Yes, please. In the interests of time, we won’t go through it now. One of the studies provided by the TGA in what you reference was from Anders Husby et al. It’s entitled ‘Clinical outcomes of myocarditis after SARS-CoV-2 mRNA vaccination in four Nordic countries: population based cohort study’. Do you still stand behind that evidence to say that the incidence of myocarditis is lower?  

Dr Manderson: Yes, I do.  

Senator ROBERTS: When you actually read that study, it says nine of the 109 patients were readmitted to hospital with myocarditis after COVID, while 62 of 530 were readmitted with myocarditis after receiving the vaccination. That’s eight per cent for COVID myocarditis and 12 per cent for the COVID vaccine myocarditis. Fifty per cent more people were readmitted to the hospital with myocarditis after getting the jab than after getting COVID. The evidence you cited doesn’t appear to support your statement that there’s a higher chance of myocarditis from COVID than from the vaccine. Can you explain your contradiction?  

Mr Marcelja: I’d like to make an important point before Dr Manderson answers that question. We have tried to explain to the committee on a number of occasions that CASA’s role, when it comes to vaccinations, is purely related to aviation safety. I can tell you again today that there is no link to aviation safety from the matters that you’re talking about. So, while Dr Manderson can express her medical view about the questions you’ve asked, they actually have no bearing on CASA’s role and CASA’s remit when it comes to vaccinating the population.  

Senator ROBERTS: They have enormous bearing on Dr Manderson’s integrity.  

Ms Spence: I find that commentary quite disappointing coming from a Senator, but we’ll allow—  

Senator Carol Brown: The questions do appear to be out of order. Senator ROBERTS’s questions do not seem to be for CASA. They’re not part of CASA’s core duties. So they really need to be asked in another committee. He’s asking about— Senator McKENZIE interjecting—  

ACTING CHAIR: Let the minister finish.  

Senator Carol Brown: I’m asking the chair to rule whether Senator ROBERTS’s questions are in order for CASA.  

Senator ROBERTS: Chair, I would point out that we have received hundreds of calls from pilots. We’ve received emails and letters. We’ve had person-to-person conversations. Pilots from both Qantas and Virgin are absolutely terrified by what the injections are doing to some of their pilots. This is a fundamental thing, and it goes back to Mr Marcelja some time ago and also to Dr Manderson.  

ACTING CHAIR: Do you want to make a quick comment, Senator McKENZIE?  

Senator McKENZIE: Yes, I do. Nothing the minister has mentioned goes to the standing orders and whether anything that Senator ROBERTS has asked is in breach of the standing orders. Therefore he has the right in this committee to ask public officials, who earn a lot of money—more than most of the people around this table—to answer the questions on behalf of the constituency that he represents in this place. I would expect that the officials are very experienced and are very patient and will be able to respond to Senator ROBERTS’s questions.  

ACTING CHAIR: We will keep going with the line of questioning. I was also going to say that, if there are any particular areas that you, as experienced officials, feel are better answered by another agency or another department, please flag that with us here. I don’t think it’s our role to tell senators what they can and can’t ask, but we’re going to leave it to your judgement too. I think the minister’s concern is that maybe some of these questions may be more appropriate in another committee throughout this fortnight of estimates. Anyway, let’s continue. Senator ROBERTS, you have the call.  

Senator ROBERTS: Regardless of what’s in that study, is it your academic opinion, Dr Manderson, that a collaborative systematic review can be completely nullified by a single population based cohort study?  

Dr Manderson: A single population based cohort study is one piece of evidence within many thousands of pieces of evidence that have been published around COVID-19 vaccines and myocarditis related to that. It would be scientifically and academically incorrect to rely on a single study or even a single piece of information within a single study to be selectively reported and base an entire policy decision or clinical opinion on that cherry-picked small piece of information. It’s a really fundamental part of research and critical analysis that you understand the breadth and the depth of clinical information that’s reported in the literature, how the reporting is done and even the fundamentals of analysis of individual articles relating to things like sources of bias and sources of statistical significance and relevance in that sort of thing. So a single study should never be relied on and a single piece of data within a single study should never be relied on. It is the breadth of information from a range of clinical literature as well as its interpretation and application—it’s called the concept of generalisability and applicability—to a population, as it applies to a group, when you’re forming an opinion, using that information, as to how it applies to your cohort.  

Senator ROBERTS: Thank you. I understand all the terms you use, believe it or not. You didn’t answer my question. You went around it with a lot of terms. Is it your academic opinion that a collaborative systematic review can be completely nullified by a single population based cohort study? Which would you put more credence in?  

Dr Manderson: A collaborative systematic review—sometimes we call those meta-analyses—is given more weight in terms of evidentiary power, I suppose, than a single study. The more data points you get from the more studies that are published and analysed, the more reliable the evidence will be.  

Senator ROBERTS: So you don’t think a systematic review, which I provided, trumps a cohort study in the hierarchy of research?  

Dr Manderson: A systematic review is as good as the review process and the way in which it’s done. So there are important academic guidelines on the way systematic reviews should be done. That goes to the inclusion criteria for the articles that they refer to, the way they analyse the data within the articles that they’ve referenced and that they’ve selected to include, and the way that they have controlled for selection bias in choosing those articles. So there are systematic reviews that are—  

Senator ROBERTS: Single article-to-article comparison: which is more valid and carries more weight?  

Dr Manderson: Unfortunately it’s not as simple as that. A poorly conducted systematic review is not as good as a well conducted cohort study.  

Senator ROBERTS: Given equal quality, which one carries more weight?  

Dr Manderson: If they’re both conducted with great quality and equivalent quality, then a meta-analysis and systematic review of multiple data points is better than a single analysis—if they are done with the same level of quality.  

Senator ROBERTS: Thank you. I’ll move to my next question. None of the studies you referenced from the TGA were actually published at the time you made your statement to pilots about the risk of myocarditis. Did you actually have any evidence at the time you made the statement to pilots in February 2022? That’s what I asked. What evidence did you have? Nothing in your question on notice was available at that time—nothing. So what did you rely on?  

Dr Manderson: By 2022, there had been tens of thousands of research articles published into COVID vaccines and the relationship between those and any adverse cardiac events. In particular, there were very large studies coming out of the countries that adopted COVID vaccination quite early. In particular, Hong Kong and Israel published a lot of data. That research was published in globally—  

Senator ROBERTS: Excuse me, Dr Manderson—  

ACTING CHAIR: Senator ROBERTS, sorry, but we should allow the witness to conclude her answer.  

Senator ROBERTS: She’s not answering the question.  

ACTING CHAIR: It doesn’t matter.  

Senator ROBERTS: Okay. Keep going.  

ACTING CHAIR: Just hear her out, and then you’ll have an opportunity to ask her another question.  

Dr Manderson: That evidence was published in globally highly regarded journals: the Journal of the American Medical Association, the New England Journal of Medicine, the British Medical Journal cardiology edition, the Lancet and the publications from the United States Centers for Disease Control and Prevention—the CDC. Those source articles formed the basis of the advice that was provided to medical practitioners in Australia by the National Health and Medical Research Council and the Therapeutic Goods Administration and the advice from the chief health officer of Australia and the public health authorities of each state. In 2022, all of that information was available, and all of that information leading up to when I did that webinar was what I based that on.  

Senator ROBERTS: Your diversion is classically known as an appeal to authority. You put so many appeals to authority, and that’s very, very clever, but I asked you a question—’at the time you made the statement to pilots’. That’s what I asked. You gave me a reference that was not available at the time you made that statement. I asked you just now: what evidence did you have, specifically, when you made that statement to pilots? Secondly, nothing in your question on notice was available at that time. Why?  

ACTING CHAIR: I think Ms Spence wanted to add something before too. Ms Spence?  

Ms Spence: Again, it goes to the direction that we’re going in with the conversation. I totally respect the importance of you being able to ask the questions, but I would like to put it on the record that every other country, every other national aviation authority, took the same approach that Australia did. We did not work in isolation in this space. I hear you’re talking about the information and discussion that Dr Manderson had with the pilots, but I’m struggling to understand what specific issue there is around the actions that CASA took during COVID, which, to me, would seem to be a far more important issue to get to the heart of. If you thought we’d done something wrong, something different or something unacceptable, I’d like to have that conversation, rather than a very detailed academic conversation around which of the thousand articles that were available at the time Dr Manderson relied on.  

Senator CANAVAN: Chair, I would like to stress Senator McKENZIE’s point here. The witness is fine to raise a point of order, but any claim not to have to answer a question has to be grounded in the standing orders, precedents and practices of this Senate. Nothing you spoke about then, Ms Spence, did that. Otherwise, we’re just giving opportunities for people to cover themselves to avoid answering questions. I think Senator ROBERTS questions are perfectly fine. They’re about public statements made by witnesses, and that is definitely able to be asked about at Senate estimates inquiries.  

ACTING CHAIR: Not to summarise, but I’m mindful of time, and I don’t want to spend too much time on this. I think the point Ms Spence was trying to make was that they’re happy to keep answering questions from Senator ROBERTS. I don’t think that’s in dispute. I think she was just trying to see if there was more available time, with the time we have, to help Senator ROBERTS answer his other questions. Can we just keep continuing? I don’t know where we left to. Senator ROBERTS, do you have another question for the witnesses before us?  

Senator ROBERTS: Yes, I do. I have lots of questions. Ms Spence, you, Mr Marcelja and, I think, Dr Manderson have all said that the ultimate responsibility for aircraft safety in this country is with you three. With the COVID injections—that’s where this all started—it’s with you too. Specifically, Mr Marcelja, you told me in one of the Senate estimates responses that Dr Manderson is the chief medical expert. That’s where I’m going. Is that clear?  

Ms Spence: Is there a question there, Senator?  

Senator ROBERTS: I’m responding to your comment. Was I clear?  

Ms Spence: I’m sorry. I still really don’t understand the direction that you’re going in. I’m happy to keep answering questions.  

Senator ROBERTS: You don’t understand safety? Alright. Well, let’s continue. Ms Spence, I asked CASA in November 2023 to do a search of the medical record system in question SQ23-004943 for key conditions, and you told me that was not possible. That’s not true. CASA can do a free tech search of your medical records system for key terms, and report the amount of times a word appears. In fact you did exactly that in a February 2023 question on notice SQ23-003267, where you told me: During 2022 … there were 27 instances where pericarditis or myocarditis was mentioned in the clinical notes for a medical certificate assessment. Have you misled the committee on whether CASA can do a search for the terms I’ve asked for in the November question, given that you actually did that in February?  

Mr Marcelja: If I recall, I answered that question. And what I told you, and I stand by today, is that our medical record system is not designed to capture those specific conditions and diseases in a way that reporting would be meaningful. While we could search the free text comments of our medical record system for those terms, those terms can appear in free text because a patient mentions them in a consultation because they believe they might have it, because of an actual diagnosis. We stand by the evidence we gave, which is that our medical record system doesn’t capture information on those specific diseases in a way that can be reported meaningfully. If you’d like to give me the reference of your question, I can reiterate the answer that we gave.  

Senator ROBERTS: It is possible to do a search in your database for the words I’ve asked for in SQ23- 004943, like you did in SQ23-003267? I understand your comments. And you can provide an answer for how many times they are mentioned in the clinical notes from medical certificate assessments in 2022 and 2023. I’d like you to take it on notice and to provide it.  

Ms Spence: If we do that it won’t be meaningful. Again, we’ll take it on notice, but what Mr Marcelja was saying was that any reference would be picked up, but it doesn’t mean that it’s actually related to that particular condition.  

Mr Marcelja: I’ve got 4943 in front of me, and at the end of that question we say: Providing the information requested would require a … collation of free-text information from tens of thousands of records and would be an unreasonable diversion of resources. 

Senator ROBERTS: Has CASA been provided with the guidebook circulated by the Department of Prime Minister and Cabinet giving advice on how to answer questions on notice?  

Ms Spence: Not that I’m aware of. It’s certainly not been drawn to my attention. I did hear the questioning yesterday, but I haven’t seen the circular that was referred to.  

Senator ROBERTS: If we go back to my first question of Mr Marcelja, I asked on what authority did Qantas and Virgin inject their pilots with an untested gene therapy based treatment that had not been approved by the TGA and that had not had testing done by the TGA or by the FDA in America. You said you relied upon experts. I said, ‘Which experts?’ You said, ‘Experts.’ I said, ‘Which experts?’ You said, ‘Experts.’ And when I said, ‘Which experts?’ for the fourth time, I think it was, you said, ‘International experts.’ Dr Manderson, which experts’ advice did CASA rely upon for turning an eye away from the mandated injections of healthy pilots with the COVID injections?  

Mr Marcelja: I’d like to correct the statement you’ve made, because what I recall—and if you tell me the date I’ve the Hansard in front of me—telling you we had no role in intervening in the Australian government’s public health response to COVID. We did not intervene to prevent the vaccination of pilots, just like we do not intervene in the prevention of any other administration of any medicine or any vaccination. So if a pilot was to have an adverse reaction to a vaccination, the aviation safety response to that is that that pilot excludes themselves from flying. So that’s what our procedures are based on. We have no role in intervening in public health responses, mandating or not mandating the administration of vaccinations or any medicine, for that matter.  

Senator ROBERTS: The Prime Minister at the time, Scott Morrison, said every night for about a fortnight, ‘There are no vaccine mandates in this country.’ That was a lie. But what I’m asking you is not whether or not you’re going to interfere in a vaccine mandate. What I’m asking you is: what were your reassurances that these vaccines—these injections—would not be unsafe to pilots? Did you do any high-altitude testing? What are the results of that?  

Ms Spence: Senator—  

Senator ROBERTS: I’m asking Mr Marcelja.  

Ms Spence: Being responsible for the organisation, we treated the COVID vaccinations the same way that we treat all vaccinations. We do not do our own independent testing. What we do ensure is that the system works such that if there was an adverse reaction the pilot would not fly. I’ll be very clear here: as we’ve said at, I think, the last five hearings, there has not been, internationally, any evidence of any pilot being incapacitated as a result of a COVID vaccination while on duty.  

Senator ROBERTS: There are 1,000. I was told by a lawyer working with Southwest Airlines in America that 1,000 pilots have not been able to pass their medical since getting their COVID shots.  

Ms Spence: That’s not what I said.  

Senator ROBERTS: There are lots of them.  

Ms Spence: What I said was that there has not been a single example of a pilot being incapacitated on duty as a result of a COVID vaccination.  

ACTING CHAIR: Senator, do you have more questions? I need to move the call around.  

Senator ROBERTS: I do have some more questions, but if you move it round and come back to me that’s fine.