Vaccine-Safety organisation vindicated by the Supreme Court

Vaccine-Safety organisation vindicated by the Supreme CourtThe Australian Vaccination Network (AVN), a national non-profit organisation that has operated since 1994 to support freedom of choice and freedom of information on this controversial topic, recently won its case before the NSW Supreme Court and had its charity authority reinstated by the Office of Liquor, Gaming and Racing (OLGR).

The AVN has been the subject of sustained and vicious attacks from a group set up by the Australian Skeptics called Stop the AVN (SAVN). Both the Skeptics and SAVN are openly opposed to any form of natural therapy, nutritional supplements, organic foods and anyone who calls into question the safety or effectiveness of vaccines, medical drugs or surgery.

 

They have filed dozens of complaints against the AVN. One of those, to the Health Care Complaints Commission (HCCC), was the subject of a year-long ‘investigation’ into the organisation which culminated in a public warning stating that the AVN’s information was ‘dangerous, deceptive and misleading’ due to the fact that the HCCC considered it to be anti-vaccine. [i]

 

Because of this warning, the OLGR revoked the AVN’s authority to fundraise which had been held since 1996, meaning that the group could no longer accept new members or donations from the general public – a move which they no-doubt felt would mean a speedy end to this membership and donation-driven organisation.

 

Gathering support from its current members and the assistance of a barrister working on spec, the AVN was able to challenge both the investigation and the public warning and on February 24, 2012, won its case in the NSW Supreme Court.[ii] The decision stated that the HCCC had acted illegally (Ultra vires) when both investigating the AVN and issuing its public warning. Costs were awarded to the AVN with both the warning and the investigation quashed.

 

Because this warning was the only reason for the revocation of the AVN’s authority to fundraise, on April 17^th, 2012, the OLGR reinstated the organisation’s fundraising authority, making it once again able to accept membership and donations.

 

The attacks by SAVN and the Skeptics continue, but it is hoped that government authorities will no longer allow themselves to be used as the tools for these anti-choice, anti-democracy campaigners.