Sydney Compensation Law: Calls for No Fault Compensation on Vaccination | BPC Law Blog

It’s hard to ignore the growing debate surrounding vaccinations of children and adults and whether those who choose not to vaccinate their child should be somehow punished or made to compensate the people whose lives they put at risk. Areas like Sydney’s Mosman are often the source of much finger-pointing when it comes to this vaccination debate. However, you may not have heard the other debate surrounding vaccination that has had many compensation lawyers up in arms. What happens if a person suffers adverse effects as a direct result of a vaccination?

Compensation Lawyers(image: Shutterstock)

There have been calls in recent years for a no-fault compensation scheme when it comes to vaccinations. This no-fault compensation scheme would cover those people who suffer negative side-effects of a vaccination. By having such a compensation scheme, no one is held to blame for what is 99% of the time a good thing i.e. getting vaccinated to protect the community as a whole.

And this no-fault compensation scheme isn’t just a random idea plucked from the ether. Other countries,including Germany,  have been privy to the no-fault compensation scheme for some time. The premise of the scheme operates under the idea that those who are vaccinated opt to do so for the better good. Such individuals are therefore a benefit to the community and any foul, yet rare, affects should be compensated out of gratitude.

Unfortunately, when any change is suggested, particularly one where a person may be viewed as getting ‘free’ money, there’s always an opposing argument that wants to know where this money will come from. If we follow the example of the 19 other countries with no-fault compensation schemes, it’s obvious that there’ll be little to no impact upon the livelihood of others. In these foreign countries the compensation scheme is funded by simple things like vaccine taxes, special funding as a part of general taxes, industry contributions or from broader compensation schemes.

There really is no reason for Australia to not have a no-fault compensation scheme for when a person reacts negatively to a vaccine. They’ve done the right thing by getting vaccinated and they should be supported accordingly.


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