The rollout of this new policy by Australia’s federal government has been fairly quiet. It was first announced November 17, 2021.

Claims made through the Federal Government’s no-fault indemnity scheme for COVID-19 vaccination will be assessed from mid-December, the Department of Health (DoH) has confirmed.

A couple of weeks ago, the Australian federal Department of Health announced:

The Australian Government is developing a claims scheme to reimburse people who suffer a moderate to significant impact following an adverse reaction to an approved COVID-19 vaccine. (snip)

The Australian Government is implementing a claims scheme for people who suffer a moderate to significant impact following an adverse reaction to a TGA approved COVID-19 vaccine.

The scheme will provide a simple, streamlined process to reimburse/compensate eligible people for their injuries without the need for complex legal proceedings.

The scheme will cover the costs of injuries $1,000 and above due to administration of a TGA approved COVID-19 vaccine or due to an adverse event that is considered to be caused by a COVID-19 vaccination.

The list of adverse effects for claims purposes under the scheme include the following clinical conditions that are diagnosed by a treating doctors and are included in the approved product information for the specific vaccine:

  • anaphylactic reaction
  • thrombosis with Thrombocytopenia Syndrome
  • myocarditis
  • pericarditis
  • capillary leak syndrome
  • demyelinating disorders including Guillain Barre Syndrome (GBS)
  • Thrombocytopenia, including immune Thrombocytopenia, identified as a final diagnosis.

Harm not covered by the scheme includes:

  • COVID-19
  • psychological and psychiatric conditions (e.g. shock)
  • secondary injuries (e.g. injury suffered when fainting, or a haematoma at the injection site that becomes infected)
  • the following other injuries unless they form part of the symptom complex of a clinical condition listed above: headache; fatigue; injection site reaction; muscle or joint pain; dizziness; diarrhoea; pain in extremity; fever; insomnia; nausea; vomiting; lethargy; hyperhidrosis; chills; decreased appetite; malaise; lymphadenopathy; somnolence; abdominal pain; puritus; urticaria or rash; influenza-like illness; angioedema; anxiety-related reactions such as hyperventilation and fainting.

Specified Administration Related Injuries which are clinically diagnosed will also be covered under the scheme.

For claims between $1,000 and $20,000, claimants need to have been hospitalised for at least one night and provide applicable evidence of:

  • the nature of the injury and medical documentation of its likely relationship to a COVID-19 vaccination
  • hospitalisation, due to a vaccine-related injury
  • medical costs
  • lost wages.

Sundance of The Conservative Treehouse noticed this two-minute news segment on the Seven Network there that discussed who is entitled to compensation for adverse reactions to the COVID vaccines that were previously touted as tested and perfectly safe.

The sums involved are low by the standards of medical malpractice lawyers like John Edwards, but at least they constitute official cognization of vaccine hazards.

In Australia, it is the state governments that have been responsible for vaccinations, yet it is the federal government offering compensation.

In the United States, of course, the pharmaceutical manufacturers have been granted immunity from liability from damages for any harm inflicted by their products.

But I am sure the malpractice bar is looking for a way to cash in, possibly using Australia’s example.  

Hat tip: John McMahon

This article first appeared in