Health (Drugs and Poisons) (COVID-19 Vaccination Services) Amendment Regulation 2021 — Human Rights Certificate
(accessed 11 January 2025 at 0:45)
HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 Health
(Drugs and
Poisons) (COVID-19
Vaccination Services)
Amendment Regulation
2021 Human Rights
Certificate Prepared in
accordance with Part 3 of the Human Rights Act
2019 In accordance with section 41 of the
Human
Rights Act 2019 , I, the Honourable Yvette
D’Ath MP, Minister for
Health and Ambulance Services provide this human rights certificate
with respect to
the Health (Drugs
and Poisons) (COVID-19
Vaccination Services)
Amendment Regulation 2021
made under the Health Act 1937 .
In my
opinion, the Health (Drugs and Poisons) (COVID-19 Vaccination
Services) Amendment Regulation 2021,
as tabled in
the Legislative Assembly,
is compatible with
the human rights
protected by the Human Rights Act
2019 . I base my opinion on the reasons outlined
in this statement. Overview of the Subordinate
Legislation The Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 (Amendment
Regulation) will facilitate the rollout of the COVID-19 vaccine in
Queensland. The rollout of
Queensland’ s
COVID-19 vaccination program
in 2021 will
be a significant undertaking, far
exceeding any previous vaccination program. The program is being
delivered in a collaborative approach between the
Australian Government and Queensland Government,
to
rapidly respond to COVID-19 on a large scale and provide vaccine
availability to the entire population through a mix of
service delivery arrangements. The
program is being delivered
outside the usual National Immunisation
Program. It will require a co-ordinated whole-of system
approach to ensure successful implementation.
Due to the nature and scale of the undertaking, the existing
provisions of the Health (Drugs and Poisons) Regulation
1996 are not fit for purpose to facilitate all
aspects of the rollout. The Amendment
Regulation will
not prevent existing
provisions of
the Health (Drugs
and Poisons) Regulation being used for the
vaccine rollout where those provisions are able to be used
(for example, existing
provisions may
be sufficient for
some arrangements with
general practitioners, community
pharmacists and
nurse practitioners).
Existing requirements in
the Health (Drugs
and Poisons) Regulation
in relation to
the business-as-usual model
for immunisation, including wholesaling,
supply, sale, administration, prescribing, obtaining and
issuing will not change. The changes only
apply to the rollout of the COVID-19 vaccine where
existing arrangements are not appropriate to
be used. The Amendment Regulation provides for the
development of a COVID-19 vaccination code, to be
made by the
chief executive
of Queensland Health
or their delegate,
which meets
Queensland’s responsibilities under
the Australian
COVID-19
Vaccination
Policy (Vaccination Policy).
Page
1
HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 To enable the
vaccine roll-out, the vaccination code must include requirements in
relation to: • the qualifications, training or
supervision necessary for workers for declared providers of
COVID-19 vaccination services, who will
administer the vaccine (section 213E(2)(a)); •
the
recording of information related to the provision of the services
(section 213E(2)(b)); and •
the
reporting of information, including
personal information, about
vaccination services
(section 213E(2)(c)). The COVID-19
vaccination code will also set out the operational requirements for
providing COVID-19 vaccination services, including
matters such as: • specifications for
providing the
services or
setting up
COVID-19 vaccination centres
(section 213E(3)(a)); •
providing for eligibility for the staged
rollout of the vaccine, such as determining priority
populations (section 213E(3)(b));
• procedures for
assessing the
health and
suitability of
persons to
be vaccinated (section
213E(3)(c)); •
procedures for safely preparing the vaccine,
such as the processes for labelling syringes when they are
drawn up from multi-dose vials, for example this may include the
date and time of preparation (section
213E(3)(d)); • procedures for the vaccine and related
drugs to be safely obtained, sold, supplied, issued or
disposed of (section 213E(3)(e)); and
• safe and secure storage of the vaccine
and related drugs (section 213E(3)(f)). The chief
executive will be responsible for declaring
persons as
‘ declared providers’ of
COVID- 19 vaccines and must publish the name of the
person and the contact details of the individual
who is responsible for
overseeing the
provision of
COVID-19 vaccination services
on the Queensland Health
website. This will be
a ‘ source
of truth’ for
members of
the general public
to be satisfied
that they are
receiving a
legitimate COVID-19
vaccine from
a government- authorised
provider. The Amendment Regulation
authorises providers
and workers to
carry out
activities for
providing COVID-19 vaccination services, if
they comply with the COVID-19 vaccination code (sections 213G to
213L). The Amendment Regulation also includes an
information sharing provision to facilitate data
sharing with the Australian Government and
other agencies to facilitate a safe and effective
vaccination program (section 213M).
Medical practitioners, pharmacists in
community pharmacies and nurse practitioners are already
authorised to
administer Schedule
4 (S4) vaccines
under the
Health (Drugs
and Poisons) Regulation. This
means that for vaccinations given by these health practitioners, it
will not be necessary for
them to be
a ‘ declared
provider’. However,
section 200
of the Health
( Drugs and
Poisons) Regulation requires vaccines to be
obtained through a formal purchase order procedure.
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HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 The Amendment
Regulation amends section 200 of the Health (Drugs and Poisons)
Regulation to provide that
if an authorised
person, such
as a medical
practitioner, pharmacist
or nurse practitioner obtains
a COVID-19 vaccine
under the
Australian COVID-19
vaccination arrangements, they
are not committing
an offence by
not obtaining a
restricted drug
on a purchase order.
The ‘Australian COVID-19 vaccination
arrangements ’ is defined to mean the arrangements made
under the Australian COVID-19 Vaccination Policy to provide
COVID-19 vaccines for vaccinating members of the
public. Human Rights Issues Human rights
relevant to the subordinate legislation (Part 2, Division 2 and
3 Human Rights Act
2019 ) The Amendment Regulation engages the
following human rights protected by the Human Rights
Act: • right to
protection from torture cruel, inhuman or degrading treatment
(section 17); • right to privacy and reputation
(section 25); and • right to health services (section
37). Consideration of reasonable limitations on
human rights (section 13 Human Rights Act 2019
) (a) the nature of the
right Right to protection
from torture, cruel,
inhuman or
degrading treatment
(section 17
of the Human Rights
Act) The right to protection from torture and
cruel, inhuman or degrading treatment prohibits three
distinct types of conduct: torture; cruel,
inhuman or degrading treatment or punishment; and
medical or
scientific experimentation or
treatment without
consent. Treatment
has a wide
meaning, including
giving medical
care or attention
or applying a
process or
substance to
someone. For the Amendment
Regulation, the relevant aspect to consider is whether it involves
medical or scientific experimentation or treatment
without consent. The rollout of safe and effective vaccines
for COVID-19 in Australia will be guided by
the
Vaccination
Policy. The Vaccination Policy
states that
the approach to
the COVID-19 vaccination
during this
pandemic is,
“while the
Australian Government
strongly supports
immunisation and will run a strong
campaign to encourage vaccination, vaccination is
not mandatory and individuals may choose
not to be vaccinated ”. Further, the
vaccine will
only be administered if
the person provides
their consent.
This approach ensures that the rollout of
COVID-19 vaccines is consistent with, and does not place
limitations on, this human right.
Page
3
HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 In
addition, the
rollout of
COVID-19 vaccines
is not considered
to amount to
medical or
scientific experimentation. All vaccines used
in Australia must be approved for use by the Therapeutic Goods Administration (TGA), which has a
long-standing and robust process to monitor
the implementation and
safety of
medicines in
Australia, including
assessing the
safety, quality and effectiveness of
vaccines. The TGA engaged early with vaccine developers
and is
undertaking a thorough and efficient review of vaccine
candidates. The TGA’s approval
of
vaccines will provide the public with confidence
about the
vaccines’ safety,
quality and
efficacy. Serious reactions
to current vaccines approved by the TGA are rare. It is also
relevant to note that the risk of side effects from a vaccine
is far less than the risk of severe complications
associated with a disease for which a vaccine
is available. Australia also has the advantage that
we
have been able to monitor the rollout of vaccines in other
countries such as the United States of America and the
United Kingdom. As an additional safeguard, clinicians and
vaccine service providers are required under the
Public
Health Act 2015 to report any adverse event following
immunisation to Queensland Health. This information is passed on
to the TGA which strictly monitors and manages vaccine
safety
in Australia. For these reasons, it is not considered that
the Amendment Regulation places limitations on, or
interferes with, this human right.
Right
to privacy and reputation (section 25 of the Human Rights
Act) Section 25 of the Human Rights Act protects a
person ’s right not
to have the
person’s privacy,
family, home or correspondence unlawfully or
arbitrarily interfered with and not to have the person’s
reputation unlawfully
attacked. It
protects privacy
in the sense
of personal information, data
collection and correspondence. In the human rights context
, ‘ arbitrary’
refers to conduct that is capricious, unpredictable
or unjust, and also refers to interferences which are
unreasonable in the sense of not being
proportionate to a legitimate aim that is sought.
This
Right is addressed further in section (b). Right to health
services (section 37 of the Human Rights Act) Section 37 of the
Human Rights Act provides that every person has the right to access
health services without discrimination and a person
must not be refused emergency medical treatment that
is immediately necessary
to save the
person’s life
or to prevent
serious impairment
to the person.
The COVID-19 vaccination program
will be jointly
rolled out
by the Australian
and Queensland Governments and will be done
in accordance with the roles and responsibilities
outlined in the Vaccination Policy. The
rollout in Queensland in 2021 will be a significant
undertaking, far exceeding any previous
vaccination program. The program is being delivered
rapidly to respond to COVID-19 on a large
scale to provide availability to the entire population,
with
multiple vaccines and with a mix of service delivery arrangements.
It will require a co- ordinated whole-of system approach to
ensure successful implementation. Page
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HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 The COVID-19
vaccination will be free for all Medicare-eligible Australians and
visa-holders as described in the Vaccination
Policy. An important aspect
of the COVID-19
vaccination rollout
is that immunisation not
only protects each individual who receives
the vaccine, but it helps others by assisting to control the
disease in the community. Immunisation
triggers the immune system to fight the disease the
person
is vaccinated for. If a vaccinated person comes in contact with the
disease, their immune system is able to respond more
effectively. This either prevents the disease from developing
or reduces its severity. Herd immunity makes the
spread of disease from person to person less likely, reducing
transmission rates and protecting those who may not be able to be
vaccinated themselves. A high take-up rate for
the COVID-19 vaccine will increase
the likelihood of
achieving a sufficient level of herd
immunity, to assist in keeping the most vulnerable members
of our
community safe. For these reasons,
the proposed universal
and free availability of
the vaccine to
all Queenslanders will be integral to
promoting and facilitating this important human right for
everyone in the community.
(b)
the nature of the purpose of the limitation, including whether it
is consistent with a free and democratic
society based on human dignity, equality and freedom
Right
to privacy and reputation (section 25 of the Human Rights
Act) Under the Vaccination Policy,
responsibilities are allocated for different aspects of the
rollout of the COVID-19 vaccination program. The
Australian Government is responsible for ensuring
that appropriate data
collection and
monitoring systems
are in place.
The Queensland Government will be
required to report to the Australian Government on the rollout and
it will be necessary to share information with the
Australian Government for reporting and monitoring
purposes. Personal
information will be required to be disclosed and recorded when a
person obtains a COVID-19 vaccination, including their
identifying details. For most COVID-19 vaccines, two
doses
will be required for immunisation. To ensure the vaccine is
administered appropriately and is effective for the individual, it
will be important to ensure that each person has two doses
of the
same vaccine, for example, either two doses of the Pfizer vaccine
or two doses of the AstraZeneca vaccine. This means recording and
reporting information on vaccines given will be a critical
aspect in ensuring the vaccine works and that the roll-out of the
vaccine program is successful. The Australian
Immunisation Register Amendment (Reporting) Bill 2020 is currently
before the Australian Parliament. If passed, the
Bill will require the giving of COVID-19 and influenza
vaccines to be recorded
in the Australian Immunisation
Register (AIR) by vaccine service providers from
1 March 2021.
The AIR is
expected to be
the unifying national
system to
monitor both
overall immunisation levels
and individual immunisation status.
Queensland Health will also
implement its own systems to record and report information on the
vaccine rollout and to facilitate reporting to the
AIR. Page 5
HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 Under new section
213E(1) of the Amendment Regulation, the chief executive of
Queensland Health may
publish a
document on
the department’ s
website stating
the requirements for
providing COVID-19
vaccination services
in Queensland, to
be known as
the COVID-19 Vaccination
Code. Section
213E(2) provides
that the Vaccination Code
must include requirements in
relation to
the recording and
reporting of
information, including
personal information, related
to the provision
of COVID-19 vaccination services.
Therefore, the
Vaccination Code
will set out
mandatory requirements for
service providers
in terms of
recording and reporting on the giving of
vaccines. New section 213M of the Amendment Regulation
applies to personal information reported to Queensland Health
under the Vaccination Code and allows Queensland Health to share
that information to: •
facilitate the safe and effective
therapeutic treatment of persons vaccinated at COVID-19
vaccination centres; and •
report, or facilitate reporting, about the
use of COVID-19 vaccines under the Australian COVID-19
vaccination arrangements. The term
‘Australian COVID-19
vaccination arrangements’ is
defined to
mean the arrangements made
under the Australian COVID-19 Vaccination Policy to provide
COVID-19 vaccines for vaccinating members of the
public. New section 213M(3) provides that, when
giving personal information, Queensland Health must ensure the
privacy of any persons to whom the information relates is protected
from unjustified intrusion, to the extent
possible. This provision will
authorise sharing
of personal information between
the Australian Government,
Queensland Health
and vaccine service
providers, which
will involve an
individual’s personal
information. The
Vaccination Code
will set out
requirements and
safeguards for reporting of information to
Queensland Health. Health practitioners and health
services are accustomed to handling personal
information sensitively and securely, and in line
with legislative requirements and
details about
the appropriate systems
and processes for
COVD-19 vaccinations will be clearly set out
in the Vaccination Code. It is
expected the
vaccine rollout
in Queensland will
involve a
range of
different service
delivery arrangements, to cater for priority
po pulations and
Queensland’s geographic diversity.
For
example, it is expected the rollout will involve a mix of public
and private delivery models to reach the entire Queensland
population and will need to be flexible to respond to the
approval of new vaccines and their differing
transport, storage and handling requirements. Given the
large-scale nature of the rollout, it is expected that members of
the community may present to a different service or provider to
receive their second or subsequent dose in some cases.
To ensure the
vaccine can
be delivered safely
and effectively, it
is necessary for
Queensland Health to be able to share
information about previous vaccinations with providers,
such as the
type of vaccine
received, the
date of the
first vaccination, the
dosage and
the individual’s personal
information so
they can be
identified. Page 6
HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 Consideration is
also being given to Queensland Health engaging a third-party
provider to SMS a person on certain days after receiving
their vaccination to determine their health and whether
they
have encountered any side-effects. The third party may also send
reminder messages to ensure the person books in for their second
vaccination. These proposed uses of personal information
illustrate that the purpose of the limitations on a
person’s privacy is to
enable health services to be provided in a safe, accessible and
effective way, which also promotes another human right,
which is the right to access health services. Queensland Health
will also be able to disclose information to report, or to
facilitate reporting, about the
use of COVID-19
vaccines under
the Australian COVID-19
vaccination arrangements. This
is critical to ensure that there is appropriate data and
information available across the country to ensure the
rollout is being managed appropriately and to facilitate the
joint rollout of
the vaccination program
by the Australian
and Queensland Governments. Reporting on the
program at the State and national levels helps to ensure a free and
democratic society based on human dignity, equality and
freedom. Right to health services (section 37 of the
Human Rights Act) Due to the
unprecedented nature
and scale of
the rollout, it
is necessary to
prioritise the
deployment of
vaccines, as
supplies of
approved vaccines
will initially be
limited. The
Australian Government has sought advice from
the Australian Technical Advisory Group on Immunisation (ATAGI)
about priority
population groups
for the rollout.
ATAGI is
a ministerially appointed committee
established to advise the Australian Minister for Health and
the Commonwealth Department
of Health. It
comprises medical
and scientific experts
on immunisation from around the country
and consumer representatives. It provides advice on the
medical administration of vaccines for the
National Immunisation Program as well as vaccine
policy generally,
including through
the development of
the Australian Immunisation Handbook. Advice
was sought from ATAGI on the basis of ensuring equitable protection
from COVID-19 for all people living in
Australia. Based on ATAGI’
s advice, the first to be
vaccinated will be those at greatest risk of exposure
and
the greatest risk of severe disease, including quarantine and
border security staff, selected health
care workers, aged
care residents and
staff, and
people living
in disability services
settings and workers in these settings. More
details about the proposed rollout schedule are available
in Australia's COVID-19 vaccine national
roll-out strategy , which is available at:
https://www.health.gov.au/resources/publications/australias-covid-19-vaccine-national-roll-
out-strategy
and
updated advice will be provided on the Australian Government
Department of Health’ s
website. The COVID-19
vaccination program aims to vaccinate all those who wish to be
vaccinated during 2021. Given the size of the program,
it is not logistically possible for all Australians to
be
offered a vaccine at the same time. There are a number of reasons
for this, including the initial limited stock of vaccines, the
constraints of the available workforce and the sheer number
of
vaccinations that will be required. Prioritising those at greatest
risk of being exposed to COVID-19 or at greatest
risk
of severe disease will
minimise any potential impact
on the overall health
system. It also provides a manageable, staged approach
to the rollout of the vaccine that
provides the greatest equity and the most benefit. Prioritising the
groups that are most vulnerable helps to ensure the best
health outcomes for the greatest number of people.
Page
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HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 If a person
contracts COVID-19, they will continue to receive immediate medical
treatment. This is consistent with section 37 of the
Human Rights Act which provides that emergency medical treatment
should not be refused. (c) the relationship
between the limitation and its purpose, including whether the
limitation helps to achieve the purpose
Right
to privacy and reputation (section 25 of the Human Rights
Act) The limitations on a
person’s right
to privacy will enable health services to
be provided in a safe, accessible and
effective way.
The sharing of
information between
the Australian Government,
Queensland Government and service providers will assist in ensuring
that every individual receives the appropriate doses of
approved COVID-19 vaccines. It is reasonable, necessary and
proportionate to limit the right to privacy in order to protect
individual and public health, which is a fundamental human
right. Members of the community would expect that a
government vaccine program would enable them
to receive their
vaccination at
different sites,
as they move
around Queensland
or Australia. The ability for people to
receive vaccinations in different places will contribute to
an
accessible and successful rollout and enable members of the
community to continue their normal activities. Therefore,
it is considered
necessary to
have arrangements in
place to
facilitate information sharing between
governments and service providers. Reporting
on the rollout
of the vaccine
is also important
in the context
of achieving herd
immunity. When a significant level of herd
immunity is reached, it is expected this will assist
in
reducing the need for some of the restrictions that have been used
to protect public health during the COVID-19 pandemic.
Protecting the health and safety of the public at both
the individual and community level is a
fundamental responsibility of government and is consistent
with
the human right to health services. Right to health
services (section 37 of the Human Rights Act) The staged rollout
of COVID-19 vaccines is based on expert scientific and health
advice from ATAGI. It will help to ensure a manageable,
staged and progressive rollout of vaccines. In developing the
rollout, various factors have been taken into account,
including: • disease epidemiology and clinical
impact; • safety characteristics of available
vaccines; • efficacy and
mechanism of
action of
available vaccines
(that is,
the ability to
prevent acquisition,
reduce viral shedding and transmission, and/or reduce severe
clinical outcomes of infection); •
regulatory, programmatic and
operational considerations (for
example, vaccine
supply, storage and
delivery); • public confidence and
acceptability; • social and economic impact; and
• relevant ethical
considerations. Page 8
HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 Prioritising those
who are at most risk of being exposed to COVID-19 (such as
quarantine and border security
staff and
certain health
care workers) will
help to minimise
the spread of
COVID-19 within Australia. Giving priority to
those most vulnerable to severe disease will help to provide
the greatest overall benefit to the health system by minimising the
need for hospitalisations. All Australians
will have access to the vaccine in 2021 and making the vaccine
available for free to the public will encourage the take up
of the vaccine and is expected to contribute to achieving a high
level of herd immunity. (d) whether there are any less
restrictive and reasonably available ways to achieve the
purpose Right to privacy and reputation (section 25
of the Human Rights Act) An alternative approach may be to
require all individuals to receive their two doses
of
the vaccine at the same location, from the same
service provider. This may lead to some reduction
in the
need to share information between providers. However, it is
considered impractical to require every individual to do this, as
it has the potential to restrict a
person’ s
usual activities, such as moving
around Queensland or Australia for work, family or leisure
purposes. It also carries a
risk of less
people being
vaccinated or
less people being
effectively vaccinated, through receiving
their two doses, as vaccinations would be less accessible to
members of the community. In balancing the
right to privacy against a successful rollout of the COVID-19
vaccine, it is considered appropriate to
allow some
limitations on
the right to
privacy. In
addition, an
individual’s personal
information will
only be used
for limited purposes
and a number
of safeguards will be in place to minimise
any misuse of information. On balance,
it is considered
there are
no less restrictive and
reasonably available
ways to achieve the
purpose of providing safe, accessible and effective health services
for the COVID- 19 vaccine rollout, given
the
large-scale and complex nature of the
rollout, as
well as the
established and
nationally agreed
approach to
the vaccine roll-out,
as described in
the Vaccination Policy. Right to health
services (section 37 of the Human Rights Act) A
staged rollout
of COVID-19 vaccines
is the only
viable option
for implementing the
unprecedented scale
of the vaccination program.
The implementation of
the program will
require coordination across
the health system
to ensure a
successful outcome,
as well as
between the Australian and Queensland
Governments. The Queensland rollout is expected to
draw
on a range of service delivery mechanisms, including a mix of
public and private delivery models. This flexibility
is required to provide a universal vaccination approach for the
entire population, especially with
Queensland’s population being geographically
dispersed. Basing the rollout on expert health advice is
considered the most equitable and fair way to promote the right
of access to health services under the Human Rights Act.
(e) the balance between the importance of
the purpose of the limitation and the importance of
preserving the human right, taking into
account the nature and extent of the limitation Page
9
HUMAN
RIGHTS CERTIFICATE Health (Drugs and Poisons) (COVID-19
Vaccination Services) Amendment Regulation 2021 Right to privacy
and reputation (section 25 of the Human Rights Act)
The
benefits of a successful rollout of the COVID-19 vaccine will
include reduced exposure to the risk of COVID-19 for individuals,
as well as the potential to reach herd immunity and the
likelihood of fewer public health
restrictions in the future. The rollout will only be
successful if vaccines are
given at
the right times
in an easily
accessible way
for members of
the community. This
can only be
achieved if
information is
shared between
the Australian Government,
Queensland Government and service providers. It is considered
that these purposes outweigh the human right to privacy for
individuals in the community. Health services and service
providers are experienced in handling sensitive health
information and
keeping it
confidential. The
Amendment Regulation
also only allows
information to
be shared for
limited purposes,
which must
be complied with.
In addition, safeguards will be
provided for in the Australian Immunisation Register Act
2015 (Cwlth), the national COVID-19
vaccination arrangements between the Commonwealth and all States
and Territories and
the requirements of
Queensland’s Vaccination Code. Personal
information will also need to be managed in accordance with
legislative requirements, including the Information Privacy Act
2009 (Qld). Right to health
services (section 37 of the Human Rights Act) All Queenslanders
will have access to COVID-19 vaccines in 2021 as part of the phased
rollout. The staged nature of the rollout will
prioritise those who have the greatest need and those whose
roles
in our community expose them to the greatest risk. In turn, this
will have the effect of providing the greatest benefit to the
community by minimising the potential spread of COVID-
19,
particularly at our borders and in health care settings. The staged
rollout is based on expert health advice and takes into account
logistical and operational considerations. On balance, it
will promote and
facilitate access
to health services
for the community
in a way
that is consistent with a
democratic society. (f) any other relevant factors
Nil. Conclusion I consider that
the Health (Drugs and Poisons) (COVID-19 Vaccination Services)
Amendment Regulation 2021 is compatible with the
Human
Rights Act 2019 because it does limit, restrict
or
interfere with human rights, but the limitations are reasonable and
demonstrably justified in in a free and democratic society based
on human dignity, equality and freedom. THE HON
OURABLE YVETTE
D’ATH MP
MINISTER FOR HEALTH AND AMBULANCE
SERVICES © The State of Queensland 2021
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