Public Governance, Performance and Accountability Amendment (Vaccine Indemnity) Bill 2023

High-Level Summary
The bill proposes to amend the Public Governance, Performance and Accountability Act 2013 to prevent the Commonwealth from granting future indemnities to vaccine manufacturers. This aims to ensure that financial and legal risks associated with vaccine use remain with pharmaceutical companies rather than the government.

Summary
The bill introduces a new section 61A into the Public Governance, Performance and Accountability Act 2013. This new section prohibits the Finance Minister or any corporate Commonwealth entity from providing indemnities to vaccine manufacturers regarding the use of vaccines. The bill explicitly defines 'manufacturer' to include sponsors under the Therapeutic Goods Act 1989 and limits its application to vaccines intended for human immunization. Existing indemnities will not be affected; only future indemnities are prohibited. This legislative change seeks to build transparency and accountability while addressing concerns about contingent liabilities arising from indemnities granted in the context of vaccine distribution.

Argument For
Normative Bases
  1. Pro-Democracy
  2. Pro-Transparency
  3. Utilitarian Ground Truth

The bill should be supported because it reinforces transparency and accountability in government actions related to public health. By preventing future indemnities to vaccine manufacturers, the bill ensures that pharmaceutical companies are responsible for their products, which can lead to more responsible behavior and better safety standards in vaccine development. This aligns with the principles of a representative democracy where the public has the right to scrutinize government decisions, especially those involving public health and financial liabilities [Judgment]. Additionally, it reduces the financial burden on taxpayers who would otherwise shoulder potential liabilities from vaccine-related injuries or claims.


Argument Against
Normative Bases
  1. Hobbesianism
  2. Value-Neutral / Epistemic Objection

The bill should be opposed because it might deter pharmaceutical companies from supplying vaccines to Australia, particularly in urgent public health situations like pandemics. The availability of indemnities can be a critical factor in securing rapid access to vaccines, as it reduces the financial risk for manufacturers. Without such indemnities, companies may prioritize other markets where their financial exposure is limited, potentially delaying vaccine availability in Australia. This could undermine public health efforts and national security by limiting the country's ability to respond swiftly to health crises [Judgment]. Furthermore, the removal of indemnities might increase the cost of vaccines, as manufacturers may raise prices to offset increased risk.


Date:

2023-08-03

Status:

Before Senate

Sponsor:

BABET, Sen Ralph

Portfolio:

Unspecified

Categories:

Anti-Corruption, Health, National Security

Timeline:
03/08/2023
10/08/2023

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