A GP who claims COVID-19 vaccines are dangerous has challenged his suspension from practice by arguing in court that the medical regulator has no legal status.
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North Brisbane GP registrar William Anicha Bay was in the final stages of training to be a general practice doctor when the Australian Health Regulation Practitioner Regulation Agency suspended his registration on August 17.
Dr Bay was suspended 10 days after interrupting an Australian Medical Association conference by telling attendees to "stop forcing vaccines on people" and calling Chief Medical Officer Paul Kelly a "liar".
The Brisbane Supreme Court on Wednesday held a directions hearing for Dr Bay's lawsuit against AHPRA and the Medical Board of Australia.
Dr Bay, who represented himself, told the court there were multiple reasons why the medical regulators should not have suspended him, including that it did not have a valid legal existence as a national authority.
"(The AHPRA and the Medical Board) are purported to be of a national character and yet their basis for authority is formed by Queensland statute and therefore cannot be of Commonwealth character," Dr Bay said.
"This review cannot proceed until the threshold issue of jurisdiction is resolved, which is the validity of the national law conducted and legislated into Queensland."
Dr Bay said he had also informed the Human Rights Commission about "my right to hold a religious belief in the context of the safety of COVID-19 vaccines".
"Overall my case is about my freedom to speak. The constitutional validity of my freedom to speak has been unsatisfactorily burdened by the operation of national law and impermissibly burdened my right to political communication."
Justice David Boddice reminded Dr Bay that it was the case's first directions hearing to establish what materials the parties had to provide each other and set a date for a further hearing.
AHPRA's solicitor said it was possible she would move to dismiss Dr Bay's application for a judicial review of his suspension but would need to further advice from her client.
Justice Boddice denied Dr Bay's request to have future hearings broadcast as a matter of "national public interest".
"The court does not broadcast proceedings; if someone is interested they can walk through the door and listen," the judge said.
Justice Boddice said he would set a date for a further two-day hearing when his associate could find an available time after March 17.
Speaking outside court while surrounded by supporters, Dr Bay said he was pleased the court allowed his challenge to the health regulators' validity to proceed.
"It is my allegation that they are impersonating the Commonwealth; Queensland does not have the legal authority to administer a national accreditation and registration scheme," Dr Bay said.
"I am alleging they are a fictitious and fraudulent entity...I take this as a big win for the freedom of Queenslanders and all Australians."
Australian Associated Press
