Fact Check: Do WA's emergency health powers allow forcible testing, vaccination and removal of underwear of children?
A claim made on Twitter and then shared on Facebook by 99% unite Main Group "it's us or them", a popular anti-vaccination group with more than 60,000 members at the time of publication, stated Western Australia had introduced a COVID-19 Emergency Powers Act that allowed authorised officers to forcibly test and vaccinate children at school, including removing their clothes.
But there is no legislation known as the COVID-19 Emergency Powers Act in WA. The Public Health Act 2016, however, does set out powers that allow an authorised emergency officer to direct a person, including a child, to be tested and vaccinated under a public health state of emergency. The act also gives emergency officers the power to use "reasonable force to ensure that the direction is complied with" including the removal of underwear if necessary.
In WA, a public health state of emergency was declared in March in response to the COVID-19 pandemic.
While the legislation gives emergency officers considerable powers, it also provides safeguards, including that the powers can only be used on the authorisation of the Chief Health Officer. The legislation states that the removal of clothing must be done "with decency and sensitivity". Furthermore, the removal of any child's clothing must be done in the presence of a parent or guardian who can represent and support their interests.
WA's Chief Health Officer, Andrew Robertson, told Fact Check the powers invoked by the declaration of a public health state of emergency had been used to require COVID-19 testing, but no force had been used to ensure compliance.
David Cox, the chairman of the Law Reform Commission of Western Australia, told Fact Check that the Public Health Act 2016 is "unquestionably a very powerful act, but it is designed to be implemented in very rare and extraordinary circumstances". He said the claim failed to mention safeguards and therefore provided a misleading picture.
Verdict: This claim is not the full story.
