Australian Supreme Court overturns suspension of doctor who publicly criticized COVID-19 vaccines and public health measures

BRISBANE — The Supreme Court of Queensland has overturned the suspension of Dr. William Bay, a Queensland general practitioner, ruling that the Medical Board of Australia acted unfairly and with bias in suspending him over his outspoken criticism of COVID-19 vaccines and related public health measures.

Justice Bradley, delivering the decision on December 13, 2024, found that the Board failed to provide Dr. Bay with procedural fairness and had exceeded its authority in handling the matter. The ruling nullified both the suspension and the Board’s investigations into five complaints made against Dr. Bay.

The complaints, which led to the suspension, were based on Dr. Bay’s vocal opposition to COVID-19 vaccination policies. He publicly questioned the safety of the vaccines, alleging they caused harm and deaths.

At a national medical conference, Bay accused the Chief Medical Officer, Professor Paul Kelly, of lying and misleading the public about the vaccines’ efficacy. Dr. Bay also made claims about natural immunity providing better protection than vaccination, citing a figure of “97.3% immunity for life against all variants.” His conduct, including leading protests against AHPRA (Australian Health Practitioner Regulation Agency) and vaccine mandates, sparked the complaints.

However, the court found no evidence that Dr. Bay’s actions related to his clinical practice or posed a risk to public safety. Justice Bradley emphasized that none of the complaints involved allegations of substandard medical care.

Central to the court’s decision was the involvement of Medical Board Chair Professor Anne Tonkin, who had personally witnessed Dr. Bay speaking out about the vaccines and public health measures at a conference and discussed it with the complainant before chairing the meeting that decided his suspension. Justice Bradley ruled this created a perception of bias, stating, “A fair-minded lay observer might reasonably apprehend that [the Board] might not bring an impartial mind to the resolution of the question.”

The court also criticized the Board for failing to disclose key details of the allegations to Dr. Bay or provide him a meaningful opportunity to respond. Justice Bradley remarked, “The Board denied Dr. Bay procedural fairness in making the suspension decision by failing to make him aware of all the matters the Board was going to consider.”

The Board justified its actions by pointing to the urgency of regulating medical professionals during the COVID-19 pandemic. However, Justice Bradley dismissed this rationale, stating, “None of these measures authorized the Board to abrogate the right of persons, such as Dr. Bay, to a hearing before an apparently unbiased tribunal.”

As a result of the ruling, Dr. Bay’s suspension, which had been in effect since August 16, 2022, was overturned, allowing him to resume practising medicine. The court also invalidated the investigations into the five complaints, finding they were improperly handled and influenced by irrelevant considerations.

The Australian Health Practitioner Regulation Agency (AHPRA) and the Medical Board were ordered to pay Dr. Bay’s legal costs, as well as those incurred by the State of Queensland.