LW/AVN banner
HCCC:The Watch Dog  
or the Guard Dog?



The Health Care Complaints Commission (HCCC) was originally set up to protect the public from dangerous health practitioners. They were to be an independent overseer that could adjudicate whenever there was a question of someone being harmed by treatments - an all-too common event in Australia. According to their website, they describe themselves as being: "an independent body to deal with complaints about health service providers in NSW."

 

Since that time however, the HCCC has become a caricature of the original in both form and intent. Instead of protecting the public from dangerous medical practices, - it apparently wants to protect mainstream medical practitioners from the public.  

 

The HCCC refused to investigate Graeme Reeves, the Butcher of Bega, despite complaints from more than 500 women he had sexually abused and mutilated. They also refused to investigate the hospital responsible for the death of Don Mackay, a quadriplegic whose horrific death was caused by gross negligence by that facility.

 

Yet they spent an entire year and, we conservatively estimate, several million dollars, illegally 'investigating' the AVN.

 

The AVN vs the HCCC - David vs Goliath

 

In 2010, the HCCC took aim at the AVN, and demanded we put a disclaimer on our website stating that our information was not to be used as medical advice (a disclaimer we have had for as long as the AVN has been on the web) and that our information was solely anti-vaccine - a statement which was not true and did not represent the AVN's position. Our organisation took action against this attempt and brought a case to the Supreme Court of NSW. We prevailed. We were able to prove that the HCCC's actions were illegal. They had also acted arrogantly and at great cost to the public purse in their relentless pursuit of our small, community-based group.

 

A great deal of intelligent legal advice had clearly demonstrated that the HCCC were acting outside of their jurisdiction in either investigating or citing our organisation. In addition, there was obvious bias in their handling of this case since similar complaints were filed against the Australian Skeptics and these complaints were rejected out of hand without any investigation.  

 

The fact that the HCCC continued to pursue this course of action is indicative of the way in which they have operated for at least the past decade.

 

Bruised Egos 

 

It was a huge embarrassment for those wanting the AVN silenced to lose this case. A well-funded government behemoth going against a tiny parent-run support group and losing. Such an uneven battle might be expected to go the other way but in this case, justice was served and the AVN won.

 

Since that time, the HCCC has been trying its hardest to finish what they started - forcing the AVN and any other organisation discussing the problems with vaccination to close down and stop talking about these issues. In addition, they now seek to stop anyone, anywhere from disseminating information which is in any way critical of mainstream medicine.

 

Nearly limitless powers

 

The HCCC can truly be said to be above the law in NSW. To the best of our knowledge, it is one of only two bodies in the country which are not subject to subpoena (a court order to produce documentation) or Freedom of Information (called GIPA in NSW) claims. The other organisation is the Australian Crimes Commission. These exemptions mean that the HCCC is able to operate in secret should they wish to do so.

 

But these powers were obviously not enough because after 2012, it appealed to the NSW Parliament for a virtual blank cheque to  investigate, cite and punish the AVN and any other organisation or individual who goes against government health policy. Now, not only can they choose to investigate any complaint from anyone about our group or others, even if they have never dealt with or been harmed in any way by these organisations or individuals - the HCCC can also file their own complaints and then, investigate and adjudicate them. Judge, jury and executioner - that is the power Parliament granted to the HCCC - all to 'get' the AVN.

 

There is an important legal principle at stake here. Simply put, no group or government body found to be acting illegally should be able to simply change existing laws to accomodate their illegality. 

 

But it STILL wasn't enough

 

Several days ago, we became aware that the Parliamentary Committee for the Health Care Complaints Commission is once more considering increasing the already ludicrous level of powers the HCCC possesses.

 

According to the   Medical Observer:

 

"Meanwhile, a NSW parliamentary committee has launched an inquiry into the HCCC's powers in relation to unregistered health groups. That inquiry is also a response to the HCCC's conflict with the AVN."

 

Even though the impetus for this inquiry seems to have been the HCCC's loss to the AVN, The Promotion of False or Misleading Health-Related Information or Practices (Inquiry) goes far beyond anything this organisation has previously asked for or been granted and targets anyone who speaks about, researches or uses any form of natural therapy. It is a pharmaceutical company's dream come true and this should be a grave concern to anyone in Australia who either uses or dispenses holistic treatments.

 

It is also crossing well over the line of the constitutionally-guaranteed right to political speech since the recommendations discussed appear to be seeking punishment for and sanctions against any individual or organisation that even talks about these issues.

 

Terms of Reference (ToR)

 

The terms of reference (ToR) can be downloaded on the committee page (last item listed) . It is only one page long and I urge everyone to read it carefully as it is chilling that any government body can even consider appending such restrictions to our basic and inalienable democratic rights and freedoms.

 

It describes information that is critical of mainstream medical treatments as being 'false and misleading', and therefore a punishable offence. The ToR takes aim at anyone who gives out information which could make others question 'accepted medical practice' or discourage another from using medical therapies in favour of any natural treatments.

 

The ToR covers the powers the HCCC currently has to cite and punish individuals they consider to be promoters of 'false or misleading health-related information' and how these powers can be used to take action against these individuals or organisations.  

 

Remember, these proposed changes do not appear to be motivated by any harm to the public caused by natural therapies or therapists. As the Bain report in NZ showed (and you can download the original report here if you'd like to read the entire document), there is little to no harm being caused by natural therapies and a great deal by government-approved Western-medical practices. Instead, this committee is simply discussing how to stop people and organisations from being allowed to discuss health topics freely.

 

Submissions to the Committee

 

 

 

 

Submissions from the public are due by the 13th of December - that is less than 1 month from now. And whether you live in NSW or elsewhere, your submission could do an awful lot to show Parliament that people in the community support health rights, and oppose suppression.

 

We cannot tell you what you should say, nor are we allowed to share the AVN's submission with you (that is per the terms of this inquiry), but you can read submissions from an earlier HCCC Inquiry here (click on the Submissions link to see them all) to give you an idea of the format and types of information others have presented and to give you a head start in making your own contribution to this important debate.

 

In addition, you can download a document from the Parliament website here that will instruct you on the necessary procedures for submissions to Parliamentary committees.

 

Why you should make a submission

 

It will take all of us writing in to prevent this grave injustice from going forward. The intention of this inquiry is very clear - putting a stop to information which is not sanctioned by the current drug and surgery-based medical model.

 

Practitioners:  

If you are a non-medical health practitioner, you need to make a submission soon, or you may face serious problems if you wish to practice in Australia. If your peak body (ATMS, ANTA, AHA, CAA, COCA, etc) is not making submissions, you need to alert them to this dangerous situation. They can help protect your business, your livelihood and the rights of your patients.

 

Healthcare Consumers: 

 

If you use any form of natural therapies (and over 2/3 of the Australian populace does), then you must also be making a submission - it does not need to be long - giving the Committee your opinion of these proposed new powers for the HCCC.

 

Everyone should be doing this and everyone should be forwarding this information to all and sundry.

 

Contact your own Member of Parliament in NSW (you can find their contact details  at this link) and ask them where they stand on freedom of speech and health rights.

 

Write to your local newspaper (anywhere in the country) and ask when they will be doing a story on these efforts to penalise those who use and practice natural therapies. Let them know in no uncertain terms that you are expecting a balanced story too!

 

Call talkback radio programs and tell them about this inquiry and ask them to let others know about it too. Do anything and everything you can to spread information about this inquiry and to stop these changes in legislation from going ahead.

 

Because the truth is - if you don't do this today - you won't have the right to do it tomorrow.

 

Contact details for the Committee:
chccc@parliament.nsw.gov.au

Address for written correspondence:

Committee on the Health Care Complaints Commission
Parliament House
Macquarie St
Sydney NSW 2000
Fax: (02) 9230 3309

 

Written submissions can be uploaded via the Parliament website by clicking on this link or sent to the email address, FAX number or street adress above. (remember, the deadline is December 13th, 2013):

 

The Committee website can be found at this link - information will be updated as the inquiry progresses.

 

 

 Like us on FacebookFollow us on TwitterView our profile on LinkedInFind us on Google+View our videos on YouTubeVisit our blog

 

A Potential Outcome, Should This Proposed Legislation go ahead

Martin Walker is the author of a broad range of books and essays critiquing the politics and dangers of corporate medicine. These include  Silenced Witnesses, a 2-book series which tells the stories of families whose children were harmed by vaccination but treated by Andrew Wakefield. Their voices were silenced by the British government and the General Medical Council (GMC) who prosecuted Dr Wakefield and his colleagues for having the temerity to listen to parents and question the safety of vaccines. Martin Walker sent the AVN an email about the proposed legislation in NSW. We felt it was important to share this since, those who forget the mistakes of history are, they say, destined to repeat them. If we don't want to go down the same route as the UK, we need to act quickly and decisively.

One thing struck me and that was the similarity of this [the proposed NSW legislation] to the introduction of the Cancer Act in Britain in 1939.

Throughout the 1930s the medical establishment had brought legal actions against one particular herbal cancer treater (who had had considerable success). They lost a major trial against him in 1935 and the judge decided that as long as the patient gave consent and as long as the practitioner was not acting fraudulently, all treatment should be tried in cancer cases.

Utterly defeated, the cancer establishment introduced the 1939 Cancer Act, an act framed to protect the radium industry. Of it's debate in the commons in the first year of the second world war, Winston Churchill, then preparing for the war and to defeat the Nazis wrote to the Commons that he thought there should be more important things on the mind of the medical profession than stopping the practice of possible cancer cures.

The Act came into being and it's central clause forbade anyone who was not an orthodox oncologist, talking or communicating to anyone else any information about cancer treatments.

This Act, although slightly amended is still on the books in Britain where it is considered the most repressive piece of legislation enacted.

Today, it is used to shut down conferences and meetings about alternative cancer treatments. Recently a US organization holding a conference in Britain was shocked to find that their conference had been called off by the government.

Please share this email with others by email or by social media. It is up to all of us to spread the word since mainstream media is totally opposed to allowing any other voices to be heard on these issues.
All AVN Memberships are now due
logo
AVN Membership Renewals or New Memberships
Please support the AVN with your $25 Annual membership or membership renewal. Now more then ever - with government attempts to remove payments from conscientious objectors and potential Prime Ministers stating publicly that they will remove our right to object to vaccines, we need a strong and active AVN to fight for your rights!
 
avn-rainbow
Give the Gift of Informed Choice
Put AVN memberships on your gift list. Get one for your friends, your family members, anyone you know who is pregnant, your natural health practitioners or anyone else you care about. Your gift recipient will be notified with a lovely digital gift card and your support will help us lobby to protect the rights of Australian families to conscientiously object to vaccines.
 
Donations
No matter how large or small, your donation to the AVN would be very much appreciated! Click here to donate via our website using your credit card or Paypal.
 
Or FAX your credit card details to us on 02 6678 0894.
 
If you would prefer, just transfer or deposit your donation to our fundraising account:
 
AVN Gift Fund account
Westpac Bank
BSB - 032591
Account number - 196282 

Make sure you email your details to us (info@avn.org.au) and leave your name as ID so we can send you through a receipt.
 
The Australian Vaccination Network, Inc.
PO Box 177
BANGALOW NSW 2479
PH: 02 6687 1699 FAX: 02 6678 0894
www.avn.org.au
info@avn.org.au

Join Our Mailing List!