Health watchdog loses anti-vax case | Australian Doctor

February 24, 2012

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Health watchdog loses anti-vax case

A health watchdog was acting beyond its powers when it issued a public warning that a controversial anti vaccination group posed a risk to public health and safety, a court has declared.

In 2010 the NSW Health Care Complaints Commission sanctioned the Australian Vaccination Network after complaints were made against the network by the parents of four-month-old Dana McCaffery, who died of whooping cough, and Ken McLeod, from the Stop the AVN campaign group.

The commission found the AVN promoted incorrect and misleading information and that it quoted selectively from research to suggest that vaccination may be dangerous.

The commission subsequently issued a public warning about the risks posed by AVN after the network failed to place a message on its website stating that the information it provided should not be read as medical advice.

But in the Supreme Court of NSW, Justice on ruled the HCCC had been acting outside of its jurisdiction.

Justice on found that under the law, the HCCC was required to show that the AVNs action had “a concrete effect” on the clinical management or care of an individual.

Mr McLeod had originally told the HCCC the AVN was based in northern NSW, where 33% of children were not fully vaccinated – implying that the AVN was at least partly responsible.

He said: “For parents concerned for the well-being of their children… the [anti-vaccination] message is believed and acted upon, and consequently we are seeing the reappearance of diseases we thought were defeated and people are dying.”

But the judge said: “I do not consider the evidence to be relied upon by the HCCC to be sufficient that there was such a causal link, or that any link could be established in respect of an ‘individual client’.”

She ordered that the HCCC pay the AVN’s court costs.

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Meryl Dorey,SpokespersonThe Australian Vaccination Network, Inc.Investigate before you vaccinateEditor,Living Wisdom MagazineFamily, Health, EnvironmentPO Box 177BANGALOW NSW 2479AUSTRALIAhttp://www.avn.org.auhttp://www.living-wisdom.comPhone: 02 6687 1699 FAX 02 6687 2032skype: ivmmagFreedom is not merely the opportunity to do as one pleases; neither is it merely the opportunity to choose between set alternatives. Freedom is, first of all, the chance to formulate the available choices, to argue over them -- and then, the opportunity to choose. - C. MillsThe authority of any governing institution must stop at its citizen's skin. - Gloria SteinemWe rely on the help and support of our members and subscribers to continue offering our services freely and without prejudice.Please consider helping us by subscribing to Living Wisdom and renewing your membership promptly if you are already an AVN member. Go to http://www.avn.org.au to subscribe or renew.We also sell books, videos and DVDs on vaccination and other health issues. Go to http://shop.avn.org.au/ for more details.PS - all of our subscriptions are currently on sale until December 24th. Our digital (online delivery) subscription is 50% off. Please check out the information at http://archive.constantcontact.com/fs082/1101800214009/archive/1108706073097.html

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Health watchdog loses anti-vax case | Australian Doctor

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