http://www.scribd.com/doc/218509568/AVN-CFA-Objection-Appendices-Redacted[*quote*]
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AVN CFA Objection Appendices Redacted
Published by Ken McLeod
Correspondence with the Minister for Charities concerning the AVN's charity licence. Appendices have been redacted but will be added later.
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Ken McLeod
PO Box 51
Moruya NSW 2537
Email
: turlinja@internode.on.net
18 February 2014
TO: The Hon George Souris MP
Minister for Tourism, etc,
Via email
:
office@souris.minister.nsw.gov.au
cc: Dr Andrew McDonald MBBS (Hons), FRACP, FRCP (Glasg), FRCPCH, MP
Opposition Spokesperson for Health
Via email
:
macquariefields@parliament.nsw.gov.au
cc: Ms Amy Corderoy
Sydney Morning Herald
Via email:
acorderoy@smh.com.au
.
Dear Minister
RE: ‘AUSTRALIAN VACCINATION NETWORK’ –CHARITABLE FUNDRAISING AUTHORITY
I am one of the leaders of the unincorporated association known as 'Stop the Australian
(anti-) Vaccination Network', SAVN. Our group consists of over 11,500 supporters, and a
recent survey showed that about two-thirds of them have a degree in science, medicine,
nursing, law, etc.
We have been deeply concerned about the activities of the Australian Vaccination Network,
AVN, for several years, and we have instigated amendments to legislation and several
inquiries by Fair Trading, the Therapeutic Goods Administration, the Health Care Complaints
Commission and the Office of Liquor Gaming and Racing. Further, following our complaints,
the AVN has been found to have misled the public by the Australian Communications and
Media Authority,
1
the ABC Complaints Unit,
2
3
4
5
6
and ABC Media Watch, who described
the AVN’s claims as ‘bulldust.’
7
1
http://www.acma.gov.au/~/media/Broadcasting%20Investigations/Report/pdf/WIN%209%20Investigationsreport%202883%20pdf.PDF
2
http://about.abc.net.au/complaints/mornings-10/ 3
http://about.abc.net.au/complaints/mornings-6/ 4
http://about.abc.net.au/complaints/mornings-6/ page 1
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Our activities were praised in the Senate by Senator Richard Di Natale, Greens spokesman
on Health.
8
The AVN’s Charitable Fundraising Authority, (CFA 11694) is due to be renewed on 16 April
2014. We have grave concerns about this, as in no way can the AVN ever be described as a
genuine charity. In short, the AVN is, and always has been, one giant fraud. For example:
In his speech the Senator described the appalling behaviour of the AVN.
It was in part due to our lobbying that the Office of Fair Trading ordered the AVN to change
their name to reflect their activities and objects, an order which was upheld in the
Administrative Decisions Tribunal.
1: - OLGR’S 2010 INVESTIGATION:
Following a complaint from me, in 2010 the Office of Liquor Gaming and Racing conducted
an audit and found 24 breaches of the Charitable Fundraising Act, the Regulations and its
Authority, attracting $22,000 in fines and six months jail.
9
Specifically, your investigators found that the AVN conducted the following frauds:
1.1. Fighting Fund – to support a homeless family, allegedly seeking to avoid a court order to
immunise a child, with legal and living expenses. The appeal ran for a short time in 2008 and
raised $11,810. None of the funds were spent on this purpose.
Inexplicably, these fines were
never levied. Further, your investigators found 4 breaches of the Charitable Trusts Act.
1.2. Advertising Appeal – initially this was an appeal for the specific purpose of raising funds
for an advertisement in ‘The Australian’ commencing in March 2009 and concluding July
2009. The specific purpose was changed during the course of the appeal to fund
advertisements in ‘Child’ magazine. This appeal raised $11,910. None of the funds were
applied to the specific purposes.
1.3. Bounty Bag Program and Vaccination Testing – for a number of years the AVN solicited
donations for funding the provision of AVN material in the Bounty Bag program and testing
of vaccines. The Bounty Bag company had never heard of the AVN. No funds raised were
spent on these purposes.
5
http://about.abc.net.au/complaints/mornings-2/ 6
http://about.abc.net.au/complaints/mornings-and-drive/ 7
http://www.abc.net.au/mediawatch/transcripts/s3601416.htm 8
http://www.youtube.com/watch?v=YBzZirSrbWQ 9
Your file
CI/2010/005476
http://www.scribd.com/doc/84758844/OLGRresponse18102010complete page 2
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The AVN’s President, Ms Dorey, in response to OLGR, claimed that these were the errors of
well-meaning volunteers, including her, with no qualifications or experience in finance. Yet
Ms Dorey claims to have been a ‘Wall St Stockbroker.’
1
0
No-one gets to be a Wall St Stockbroker without passing General Securities Representative
Exam, (commonly referred to as the Series 7 Exam), conducted by the USA Financial
Industry Regulatory Authority (FINRA), the independent regulator of all securities firms
in the United States. This is an intensive course including finance, securitisation, banking,
accounting and auditing. If Ms Dorey was indeed a Wall St stockbroker, her claims of
innocent errors are blatant lies.
Inexplicably, your office decided that it was appropriate to reinstate the AVN’s CFA after
accepting her stories and receiving assurances of future good behaviour. Those
reassurances were completely worthless and she and the AVN have continued on their
merry way disregarding legislation and the norms of society. For examples:
2. – BREACHES OF THE ASSOCIATIONS INCORPORATION ACT:
I have found, without going to much effort, the following breaches:
S44 -Submission of reports and statements to AGM failure to submit financial statements to
AGM; 16 breaches attracting total fines of $8,800.
S45 - Lodgement of documents with Director-General: failure to lodge financial statements
and auditor's reports for that year; 16 breaches attracting fines of $8,800
S85 - Failure to provide information as required by the Director General of the Office of Fair
Trading; a fine of $6,600
total = $24,200, never levied.
10
I
n the Lismore Northern Star Weekend edition, September 18 2010, page 39, Meryl Dorey
“....describes her
career as a Wall Street broker that ended with the loss of her job in
the 1987 stock market crash.”
page 3
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3. – BREACH OF THE CRIMES ACT
I also found, without going to much effort, a breach of the Crimes Act S307B - furnishing of
false or misleading information and the production of false or misleading documents.
Penalty is imprisonment for 2 years, or a fine of $22,000 or both. No action taken.
4. - VILIFICATION OF MEMBERS OF THE PUBLIC AND AN MP
Early in 2012, the AVN published on its website a long diatribe vilifying me and Dr Andrew
McDonald MP, Opposition spokesman on Health.
1
1
On 30 April 2012 I submitted a formal complaint to you about this. On 5 June 2012 I wrote
to you again and informed you that Ms Dorey had issued new emails and webpages vilifying
me, Prof Robert Booy, Prof Peter McIntyre, and grieving parents Toni and Dave McCaffery,
who I point out, had issued public appeals for Ms Dorey and the AVN to leave them alone.
Following that, both Dr McDonald and
I received death threats, in my case from a person who the NSW Police identified as on
parole for a very serious offence. In spite of my, and four of my friends’, formal requests to
the AVN’s Pubic Officer and then President to take down the page, it remains there inciting
violence and harassment.
Your response of 18 June 2012 (Ref. IM12/15770 & IM12/20747) demonstrates, in your
suggestion that I seek legal advice for defamation, that your advisers completely missed the
point. What I was trying to say was
‘these are not the activities of a genuine charity.’
5. - HARASSMENT OF A GRIEVING FAMILY
Baby Dana McCaffery died of whooping cough, (Pertussis) in early 2009. Within days Ms
Dorey rang Mr Paul Corben, Director of the Area Health Service, claimed that the death was
not caused by Pertussis, demanded details of the diagnostics used, and demanded Dana’s
medical records.
12
Mr Corben later described Dorey’s callousness as ‘chilling.’ Dorey then
went on national television stating that ‘no ever dies of measles and Pertussis.’
13
Remember that Dorey has no qualifications or experience in any health-related field.
11
http://nocompulsoryvaccination.com/2012/04/28/v-is-for-vendetta/ 12
http://www.youtube.com/watch?v=_kaWvEgd2Qs 13
http://www.youtube.com/watch?v=5JchWYukK-Q page 4
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Dana’s family publicly appealed to Ms Dorey and the AVN to leave them alone to grieve in
private,
1
4
but the harassment never stopped. Dorey even posted her own anti-vaccination
information on Dana McCaffery's memorial website.
1
5
Dorey has claimed that it is
acceptable to harass a grieving family.
16
1
7
Ms Dorey has disputed in the media the cause of Dana’s death, saying that it was
‘supposedly due to whooping cough.’ When challenged on national television, she lied
again, and when the interviewer presented with the documentary evidence lied yet again.
1
8
This harassment has continued to two days ago, 16 February 2014. That morning Ms Dorey
posted the following on the AVN’s Facebook page. It is commentary on Dana’s death, and
included a newspaper clipping dated 21 April 2009, a few weeks after her death. It includes
the usual untrue anti-vaccine comments from Ms Dorey’s acolytes.
http://htmlimg2.scribdassets.com/4ffxkas7nk3onsea/images/6-e9d043aa20.jpgThe clipping is reproduced at Appendix 1, page 11.
Such behaviour is just plain evil, and continued after the AVN’s assurances to OLGR to
behave. All done with the imprimatur of a Charitable Fundraising Authority issued by your
department.
14
http://scepticsbook.com/2009/06/18/toni-mccaffery-has-had-enough/ 15
http://www.theaustralian.com.au/news/grieving-mother-toni-mccaffery-was-vilified-by-anti-vaccination-bullies/story-e6frg6n6-1226650600820
16
http://reasonablehank.com/2012/07/22/meryl-dorey-now-states-that-contacting-grieving-families-is-appropriate/
17
http://reasonablehank.com/2011/10/23/at-the-avn-it-is-acceptable-to-harass-a-grieving-family/ 18
http://www.youtube.com/watch?v=_kaWvEgd2Qs page 5
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5. - THE AVN’S INCOME.
I and others have obtained the AVN’s Annual Financial Statements until 2011 and audited
them. We found that from 2004 to 2011, the AVN’s income was $1,992,020.
1
9
(The AVN’s
financial statements for 2012 and 2013 have not been submitted.) Not one cent of that was
spent on charitable activities, unless one counts harassing grieving families, publishing
incorrect information about vaccines and vilifying members of the public and MPs as
‘charitable.’
6. - REFUSAL TO DONATE TO AN APPEAL FOR A ‘VACCINE-INJURED’ CHILD’
In February 2014, the AVN received an appeal from a mother of a ‘vaccine – injured’ child,
Izzy Olesen, to help fund a sensory garden.
2
0
2
1
(Izzy is blind and suffers from Stevens-
Johnson Syndrome.) The AVN, through Ms Dorey, replied as follows on the AVN’s website
2
2
:
http://htmlimg3.scribdassets.com/4ffxkas7nk3onsea/images/7-1fcf04a5be.jpgNote the ‘The AVN is a charity – we help people like Izzy every single day.’ Several people
then challenged the AVN to make a donation, (see Appendix 2 beginning at page 12), but a
few days later the above post was deleted. The AVN was then directly challenged by
surgeon Mr John Cunningham to make a donation of between $1,000 and $10,000, in which
case he would match it. See Appendix 3 at page 15, his email to AVN President Mr Beatty
and Public Officer Ms Dorey.
More challenges were made, but nothing was heard from the AVN on Izzy’s sensory garden.
Eventually Mr Cunningham, after receiving no response, gave up waiting and made a $1000
19
http://www.dilutedthinking.com/avn_finstat.php 20
http://nocompulsoryvaccination.com/2014/02/05/vaccination-risks-predictable-or-a-game-of-chance/ 21
http://www.indiegogo.com/projects/help-build-izzy-a-safe-sensory-play-space 22
http://nocompulsoryvaccination.com/ page 6
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donation on 13 February 2014. An appeal largely led by our Facebook group ‘Stop the
Australian (anti-) Vaccination Network’ SAVN, reached the $10,000 target that night.
To date, the AVN has donated nothing.
This ‘charity’ raised $1,992,020 over the previous eight years but can't donate anything to
help a disabled child? Yet, Ms Dorey had no trouble raising $11,187.50 overnight to pay her
legal costs
2
3
when she lost her (vexatious) case,
2
4
so we know that the money is there.
9. – BREACHES OF CHARITABLE FUNDRAISING ACT S47 AND REGULATION 13.
At Appendix 4, beginning at page 17, you will find correspondence between you, your
department and Dr Anne Coady, who has submitted requests pursuant to the Act and
Regulation for information from the AVN and Ms Dorey. You will see that Ms Dorey and the
AVN have refused to comply, that Dr Coady has complained to you of this breach of the Act
and Regulation, and that your department has failed to act. At the very least Dr Coady’s
complaint should have led to an audit, but it did not.
Part of the reason for that failure, and only part, was Ms Dorey’s claims that she is being
subjected to harassment. Your department accepted Dorey’s allegations without any
checking or request for substantiation.
Your office should have known that this is Standard Operating Procedure for Ms Dorey; to
allege harassment and threats of violence whenever she is being asked to conform to the
law.
Your office should know that when her allegations have been put to the test in Court, they
have been rejected. Indeed, in the case of Dorey vs. Buzzard,
2
5
Ms Dorey has made this allegation many times in order to avoid scrutiny, and always the
government departments have accepted the allegations without quibble. As Dr Coady says
in her correspondence she is deeply affronted that your department would accept those
outrageous allegations so.
her allegations were thrown
out and costs were awarded against her. Remember that in civil cases such as this, the
decision is based on ‘the balance of probabilities,’ a very low bar, not ‘beyond reasonable
doubt.’
Dr Coady is not the only one to make this complaint. Your files will show that I and many
others have made the same complaints, and in all cases since the AVN’s Charitable
Fundraising Authority was restored, your department has failed to act.
23
Email 27 August 2013.
24
http://www.danbuzzard.net/storage/AVO-costs-letter.pdf 25
http://www.danbuzzard.net/storage/AVO-costs-letter.pdf page 7
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8. – AVN DEFIES TGA ORDERS
On 16 August 2012 The AVN and Ms Dorey were found by the TGA
2
6
to have promoted the
dangerous alternative medicine known as ‘Black Salve’ for treating cancer. The TGA ordered
the AVN to withdraw representations, withdraw the advertisement, and publish a
retraction. The AVN refused to comply, and so on 16 May 2013 the TGA issued a
’Regulation 9 Order to Comply.’
2
7
Again, the AVN has refused to comply.
On 20 September 2009, the TGA again found
28
that on another occasion Ms Dorey had
promoted ‘Black Salve’ to treat cancer.
29
Again, the TGA ordered Ms Dorey to withdraw
representations, withdraw the advertisement, and publish a retraction. Again, Ms Dorey
refused to comply.
On 15 November 2012 the TGA found
3
0
that the AVN’s magazine ‘Living Wisdom’ had
published misleading advertisements for ‘Total Care’ and ‘Bio-Chelat’ and ‘DentaCare
Mouthwash.’ Again the TGA ordered the AVN to withdraw representations, withdraw the
advertisement, and publish a retraction. Again, the AVN refused to comply.
Defying orders from a government regulator and promoting life-threatening potions is not
the activity of any charity. If for no other reason, this should be sufficient reason to have
the AVN’s Charitable Fundraising Authority cancelled.
9. THE LEGAL DEFINITION OF CHARITY
As you are no doubt aware, the definition of a ‘charity’ was recently changed by the
Charities Act
2013 No. 100, (Commonwealth).
The AVN does not meet the Public Benefit requirements of the Act.
'S
6 Purposes for the public benefit
(1) A purpose that an entity has is for the
public benefit
if:
(a) the achievement of the purpose would be of public benefit; and
26
http://www.tgacrp.com.au/index.cfm?pageID=13&special=complaint_single&complaintID=2081 27
http://www.tga.gov.au/industry/advertising-reg9-2012-04-022-black-salve.htm 28
28
http://www.tgacrp.com.au/index.cfm?pageID=13&special=complaint_single&complaintID=2081 29
http://www.tgacrp.com.au/index.cfm?pageID=13&special=complaint_single&complaintID=2114 30
http://www.tgacrp.com.au/index.cfm?pageID=13&special=complaint_single&complaintID=2168 page 8
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(b) the purpose is directed to a benefit that is available to the members of:
(i) the general public; or
(ii) a sufficient section of the general public.'
The AVN is directly disqualified by the Act.
S11
'Disqualifying purpose
In this Act:
disqualifying purpose
means:
(a) the purpose of engaging in, or promoting, activities that are
unlawful or contrary to public policy;'
SUMMARY:
- The AVN
engages in behaviours that in no way can be described as charitable.
Indeed some are just plain evil.
- These behaviours continued after the AVN’s CFA was restored, a condition of that
restoration being that the AVN would behave.
- The AVN has never committed a charitable act.
- The AVN has breached several Acts, including the Associations Incorporation Act,
the Charitable Fundraising Act, the Charitable Trusts Act, the Therapeutic Goods Act,
and direct orders from the TGA.
- The AVN’s allegations of harassment were baseless and should never have been
accepted; they were made to avoid scrutiny.
- Over the decades, the AVN has raised many millions of dollars, none of that spent
on any charitable activity. None of its Annual Financial Statements record any
charitable donations to any beneficiary.
- When challenged to perform a charitable act for a disabled child, whose parents
claim was disabled by a vaccine, the AVN refused to respond.
page 9
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- The AVN does not meet the new legal definition of a ‘charity.’
Minister, I repeat; there is grave disquiet in the medical community about the AVN’s
activities while holding a Charitable Fundraising Authority. We urge you to order that it not
be renewed.
Ken McLeod
Stop the Australian (anti-) Vaccination Network.
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