Category Archives: Australian Christian Lobby

You are Peter, and on this rock I will build my church, and the gates of Hades will not overcome it

Posted in ACCESS Minintries, Australian Christian Lobby, Chaplains in schools, Denialism, Religion by

You are Peter, and on this rock I will build my church, and the gates of Hades will not overcome it

So reads Matthew 16:18.

What a splendid analogue we have today with self appointed missionary and cross bearer, the Reverend Canon Dr. Evonne Paddison, receiving the blessing and permission of fellow Christian Peter Garrett. Also raised as an Anglican, if his desire was to transform from rock star to rock of foundation it has certainly been realised.

Garrett’s so-called “federal inquiry” into the proselytising of ACCESS Ministries and their stated, observed and reported intention to convert public school children has miraculously “cleared” them of doing any such thing. Backed by the insistence of devout Catholic and career Christian education whip, who recently became Victorian education minister, Martin Dixon, that not a single substantial complaint has been received, Paddison is now free to build. Of course Evonne never doubted the righteousness of her “God given open door”. The justified concerns raised and reported to ministers with the bipartisan staying power of wet tissue paper, were simply a grossly unfair “concerted attack”. As she reinforced, perhaps a little creepily at last Sunday’s Forward Together rally;

We know with absolute certainty that our message and the centre of our faith remains the same. It remains firm because the one we serve is the same yesterday, today… forever. And his purposes will not be thwarted.

In The Age today Jewel Topsfield and Dan Harrison report;

A FEDERAL investigation into the Christian group that provides religious education in Victorian schools has found no evidence that its chaplains tried to convert students in breach of government guidelines.

The federal and Victorian governments ordered inquiries after a recording emerged of Access Ministries’ chief executive Evonne Paddison telling a 2008 conference: ”We need to go and make disciples.” […..]

But federal Education Minister Peter Garrett said the investigation found there had been no breach of the guidelines and no further action would be taken. He said he had received an explanation for the comments made by Dr Paddison and was satisfied the group was not trying to convert students.

Access Ministries had recently sent a letter telling chaplains who also taught Christian religious education in schools to stop doing so to avoid any blurring of lines in the roles.

”There are very strict guidelines in place to ensure that chaplaincy service providers do not engage in proselytising or misuse their positions, and we will fully investigate any complaints,” Mr Garrett said.

Victorians and the Education Union who have voiced concerns – and voted for an end to ACCESS funding have every right to be appalled at this whitewash. The concerns raised are specific to CRE and the evangelical passion of volunteers. Volunteers who in the main have less than one days training. Manufacturing a “solution” wherein chaplains have been told to no longer conduct CRE is poppycock. More so, this raises an entirely new dynamic. Is Paddison now admitting chaplains did proselytise to children or is this just a token gesture to “avoid any blurring of the lines”? More so, it is totally dismissive of the needs of our multi-faith and multicultural society.

And intentionally so. Last month, for example, ACCESS Ministries and education department representatives were invited to partake in preparation, and contribute to genuine parental evaluation with Hawthorn West Primary’s school council. They played along only to apply pressure – after considerable grassroots effort – to withhold the survey. The stated reason? That the “survey withheld the fact that under the present legislation schools are obligated to offer special religious instruction when it is made available by providers”, suggesting that the council had overstepped it’s obligation to comply with the Education and Training Reform Act, 2006. In other words the thrust should have been “you have no choice”.

Finally, Garrett’s continued mantra of “the guidelines, the guidelines, the guidelines” being in place to prevent abuse of Paddison’s “God given open door” is laughable. Evonne Paddison is the real thing when it comes to snubbing “earthly laws”. Her aim is “to implant the gospel in every school” so that the ACCESS goal can be realised. Paddison wants to “reach every child in Victoria with the transforming love of God and His son, Jesus [and] through CRE we aim to reach 80% of primary school children by the year 2012”.

This is not a person who even considers the option of compromise, laying ownership to student issues such as “bullying, drugs and self worth… The need is great but God is greater”. The needs of students who are not Christian, not theistic, not heterosexual or not celibate are bound for the scrap heap. What’s worse is that it’s now clear ACCESS have a distinctly anti-science and anti-evolution theme to their teachings. God most certainly did not make the world and everything in it.

By 2050 when these students will be at the peak of their careers Australia’s population will have grown at a rate of 65% to an unsustainable 35 million. The global population will grow at a much smaller 38%. Land temperatures in Australia may be 5 degrees Celsius higher – with mean global rises at least 2.5 degrees. The very last thing our youngest minds need now is to be targetted by blinkered, if not arguably deluded zealots intent on pursuing demonstrably fatalistic falsehoods at the expense of anything, and anyone, else.

We recently found out her goal to “reach every child in Victoria” includes independent schools – some of her harshest critics. In the mind of a zealot like Paddison, a woman who sees herself as Jesus’ scarred disciple there must be no barriers to the divine plan she has been chosen to deliver. Despite children being at these schools for the benefits of a secular education Paddison sees it as her business to change this. Reported in an Age opinion piece two days ago, was Paddison’s pronouncement at the ACCESS rally;

Those poor independent schoolchildren – I don’t want them to miss out

Talk about overstepping obligations to the Victorian Education Act. As the opinion piece pointed out;
One of the basic tenets of the Victorian Education Act is that public education should be secular, a sentiment that first emerged in the 19th century, and was reaffirmed in the past decade when the act was reviewed.

Herein lies the sheer temerity and arrogance of Evonne Paddison and her discriminatory view that “Without Jesus our students are lost”. Whilst a few anti-theistic voices are raised to claim that this means no religion in schools, the clearly specified intention in 1872 was that no religion should dominate to the detriment of any other. No doubt a wise choice in days when Protestant and Catholic rivalries were high, but there now can be only less doubt about the wisdom of this approach. Her defence is that CRE is “entirely voluntary… that’s the beauty of it”. But of course, this is in utter dissonance to her stated goals, aims and ambition. It is in every way offensive to parents who are essentially pressured to not evaluate CRE and to remember there is no choice. Or the hundreds and more parents fed up with having their children’s minds filled with confusing debris that clashes with family, diversity and social values. There is only compulsion.

The problem is very simple. The wording of the legislation includes the word “may” offer religious instruction. It is conveniently interpreted as “must” offer RI. From here flows the ridiculous notion that it is compulsory for schools to allow these misguided and opportunistic purveyors of fantasy and bigotry into our children’s presence and thence begin misrepresenting the very world in which they live. As Paddison declared at the EFAC National Conference – 2008;

We must give our children and young people a model of discipleship that promotes belief in, and responds to the word of God. And trains them to abide in it. It teaches and models for them the love of God and how to be in a community of faith to love one another and love God’s word. We need a model that is marked by fruit bearing and involves our young people in evangelicalism and disciple making.

We need a model that points to the glory of Christ in his incarnation his work on the cross his resurrection is exultation and sees his disciples continuing that work and reflecting in in his world. We are constantly tempted to water this down in order to attract young people through our activities, our music, our fun, or whatever it is. Resist the temptation to replace substance with superficiality.

Our gospel is not in need of massaging for acceptability. It alone will transform lives and bring salvation. My view is that we have every opportunity to create new congregations through our schools ministries, as we do this we have the responsibility to fulfill the great commission of making disciples. We need to see our Scripture teachers, our chaplains, especially as facilitators of this as established Anglican churches.

We need to be missional. As leaders in the church we are called to be leaders and enablers of god’s mission for his world…. Our task is to have a biblical model of discipleship that is presented in a contextually appropriate manner… What really matters is seizing the God-given opportunity we have to reach kids in schools. Without Jesus, our students are lost.

Our churches in the West are on a slow death march. We have the opportunity to create life. It may be uncomfortable but so what? What a commandment, make disciples. What a responsibility. What a privilege we have been given.

Let’s go for it.

Evonne Paddison is a clear and present danger to the psychological health of Victorian children. ACCESS ministries can be viewed as nothing less than a malignant and corrosive presence in our education system.

Peter Garrett must be proud that he is the rock on which this exploitation is being built.

Peter Garrett accepts ACCESS Ministries “self certification”

Posted in ACCESS Minintries, Australian Christian Lobby, Chaplains in schools, Religion by

Yesterday saw the release of a much needed review into the transparency of our Therapeutic Goods Administration. It was needed for many reasons. One deeply concerning issue is the sheer volume of “alternative” ineffective concoctions making grandiose claims without public awareness that there’s no scientific evidence to back these claims.

Products adorning the shelves of all pharmacies claiming to “boost immunity”, “ward off fatigue”, “improve sleep” and so on, do not, under current legislation have to prove they are effective. They must more or less comply to a list of relatively risk free ingredients and the sponsors must merely “self certify” that there is evidence that they work. With these trivialities out of the way, Dr. Hokus and Professor Pokus are free to scoop as much money from a gullible public as they wish.

On the positive side one must “opt in” to the notion that Essence of Moonbeam will improve cognition and memory. We are not obligated by medical legislation to buy these products simply because we’ve walked into a public pharmacy – usually in pursuit of pharmaceuticals. There’s no charismatic charlatan shoving colourful books at our children indicating in comic format that a dose of Liquid Liveliness or a particular ritual meditation will see a cadaverous little Johnny up and springing about with his friends. It isn’t compulsory that children be followed to the dispensary by someone arguing that medications are really drugs and we all know what happens to Drug Users! Warning that the “pharmacist is a friend of The Underworld Gangsters”.

No volunteers are proselytising that natural preparations are the path to true health salvation. The way to live a long and happy life. Certainly there’s nobody leading our children aside and telling them if they don’t spend up big on snake oil horrific things will happen to them. They aren’t fed exciting stories about the poor child on antibiotics for chronic bronchitis who followed a friends advice and switched to Himalayan bark mold and now enjoys robust health. Our children wouldn’t have to endure stories about a poor wandering Herb Gatherer who, 2,000 years ago discovered the secret to all our health woes and died a terrible death for our stupidity in pursuing rational treatments or for seeking evidence. He stood up against the horror of science and reason and for that died. But came alive again and went to a Magic Garden filled with healthy herbs.

Or that “He” now still watches over everyone paying close attention to exactly what we do or do not take to care for our vital essence, chakra vitality and quanto-kinetic energy vibrations. If we use the unproven remedies, children aren’t told that we go to the Magic Garden forever and ever. Or that if we use the evidence based medications the wicked pusher doctor – trained in the evil of medicine – prescribed for us we go to the Never Ending Nightmare of sickness and suffering. They wouldn’t be told it’s “for our own good” and that the CEO of Big Placebo and the dead wandering Herb Gatherer loves each and every one of us. In fact they have always loved us – even before we were born.

They aren’t told that the CEO, the Herb Gatherer and a Magic Chakra are actually a Trinity of one, but also individual and separate beings at the same time. Or told the Chakra came to earth to make a mummy for the Herb Gatherer on the instructions of the CEO. The Herb Gatherers daddy, Harry the Homeopath isn’t his real daddy then, but that’s okay because the Magic Chakra is also the CEO of Big Placebo and can make any decision.

Imagine the absurdity of our children being told by these volunteers in the pharmacy that to merely exercise a choice over product selection – indeed even think about doing that – was actually committing a special sort of bad stupidity. A stupidity called “sin” that must be undone by going and performing a series of pilates postures under a full moon whilst a strangely dressed reiki practitioner slaps dead fish upon people chanting incomprehensibly. Until that’s done the dead Herb Gatherer and the boss of Big Placebo are deeply saddened by their “wicked” thoughts and the fact they will go to the Never Ending Nightmare. But a few postures later and the odd welt smelling of dead fish and the Magic Chakra within them is all fixed and they’re back in line for The Magic Garden.

If we politely stress that whilst we respect the “natural” approach, but that we have our own views on supplements we aren’t told that “the will of Big Placebo will not be thwarted”. If perchance such a bizarre scenario unfolded time and again as we visited the pharmacy effecting our children’s peace of mind and indoctrinating them in lifestyle ideas we as parents find dangerously unacceptable and demonstrably false, we would be confident a complaint would lead to a proper review of events.

In this modern age of reason it’s unthinkable that the federal health minister would accept this conduct is acceptable and insist present guidelines are enough to dismiss our concerns. Or argue that it is compulsory after all and guidelines stress that volunteers for Big Placebo can’t persuade children about the Magic Garden. It says so in the guidelines! It’s all about “values” for healthy herbs – and who would be against a healthy herb garden?

It’s incomprehensible that another “self certification” from Dr. Hokus and Professor Pokus claiming that no, none of that is true, would be acceptable. The mind would boggle if they argued that in fact they had been “under concerted attack”, without actually offering any reason as to why anyone would attack them in this way – other than this is what happened to the Herb Gatherer who warned his followers would suffer the same fate.

That is of course, unless this entire sorry charade is not about bogus medicinal products but religious education. If Doctor Hokus is Evonne Paddison, Professor Pokus is Bishop Stephen Hale and the federal health minister is actually federal education minister, Peter Garrett.

And so it has come to pass. The well documented proselytising of ACCESS Ministries is of no moment to Peter Garrett. A mere Self Certification of adhering to guidelines is all Paddison was required to offer. There need be no evidence that proselytising is not occurring as a promise of effectiveness and perceived low risk seems to suffice. No wonder Evonne Paddison was so confident a mere three days earlier at the ACCESS Rally.

Paddison’s speech here:

Or direct download.

The Age reports today Christian group cleared of urging students to convert, by Jewel Topsfield and Dan Harrison;

A FEDERAL investigation into the Christian group that provides religious education in Victorian schools has found no evidence that its chaplains tried to convert students in breach of government guidelines.

The federal and Victorian governments ordered inquiries after a recording emerged of Access Ministries’ chief executive Evonne Paddison telling a 2008 conference: ”We need to go and make disciples.”

The remarks appeared to breach guidelines that ban chaplains and volunteers who teach special religious instruction in Victorian government schools from proselytising.

But federal Education Minister Peter Garrett said the investigation found there had been no breach of the guidelines and no further action would be taken. He said he had received an explanation for the comments made by Dr Paddison and was satisfied the group was not trying to convert students.

Full story here.

The TGA review states under Recommendation 7: [That] The TGA implement mechanisms to educate and inform the public that listed medicines are not evaluated for effectiveness by the TGA prior to market.

I would venture to suggest that this is exactly what should apply to the evangelistic lessons provided by ACCESS volunteers. False promises and grand claims adorn what is ineffective hokus pokus and is quite likely to interact with reality producing a nasty side effect. This monopoly has never been evaluated for effectiveness prior to being marketed to impressionable children. Any “evidence” is provided on a self certification basis by Evonne Paddison. It has all the credibility of a Facebook profile.

But just what risk does this deception and manipulation of children as “disciples” carry with it?

Chaplains in schools: how Australians were misled with false statistics

Posted in Australian Christian Lobby, Chaplains in schools, Religion by

Following revelations on ABC Lateline of a creepy sex focused chaplain, lurking on the internet, who wanted to “spank” a student’s mate one may wonder just how this intellectual absurdity has gotten as far as it has. Well, I’ll get to that. The present programme – which is not wanted by the majority of schools – only exists through mischievous sleight of hand and simple lies fed to a gullible media.

It’s indeed an intellectual absurdity and a thunderously immoral abuse of students and tax payer monies that former High Court judge Michael Kirby recently said was ”offensive to the historical Australian principles of education”. He also described development of religious schools, to the detriment of public schools, under the Howard government schemes as, ”most inimical to the development of Australia as a harmonious society”.

Howard’s ill thought out attempt to resurrect God in education was doomed to fail and outrage Australians in exactly the manner it has. Christianity in Australia today includes multiple expressions. Unfortunately those most likely to succeed in political lobbying hold bizarre, out there views of persecution and missionary duties peppered with bigotry and discrimination. Let’s stick to chaplains, which all started in October 2006 under John Howard who promised $90 million for three years. Before one could say, “Thou Shalt Not Steal”, it had boomed out to $165 million.

As the glorious day of expunging the programme drew close in 2009 The National School Chaplaincy Association populated by the most aggressive proselytising evangelists, hatched a plan for survival. They decided to survey school principals where NSCA employed federally funded chaplains worked, and by hook or by crook would use the results to commit the Rudd government to further funding. Straight off the NSW Education Union wanted nothing to do with the survey:

NSW Education Dept. Statement

Now, there were 2,712 schools with NSCA member federally funded chaplains at that time. In terms of the available sample to be surveyed by the NSCA it follows 2,712 = 100%.

Here’s where the deception begins. Only 1,626 schools with NSCA employed federally funded chaplains were sent the survey. Why? What criteria were used for inclusion and exclusion? Nonetheless much less than half of The Chosen – 688 responses from principles – were returned to the NSCA. That’s only 25% of of the qualified sample of 2,712, across Australia. Just how much weight can such a small sample carry? Not to worry. Their final report is self congratulatory, impossibly positive and rather vague. There are entirely subjective accounts of case studies and a bullet list rating out of 10 for how chaplains assisted development of students, relating to morality, community, social inclusion, peer relationships and other roles professional counsellor’s should be managing. Regrettably the report did not set off the alarm bells about what was clear psychological meddling with students development, to the satisfaction of Christian educators and lobbyists.

The highest score – 8.6 was “for providing an opportunity for students to talk through issues”. I kid you not. They were even afforded a 7 for “improving relationships between students and their families”. Chaplains “deal with a wide range of issues, but most frequently with behaviour management and social relationship issues… [and] also deal with ‘big picture’ and spiritual issues as students raise them. In the case studies, there were no occasions reported where chaplains had pushed their own beliefs…”. All this from a returned survey sample of 25% of schools with federally funded chaplains. You can download the NSCA Report here. After more non evidence based claims (refuted by Australian psychological experts) that chaplains serve some vital role in helping with family breakdown, bereavement and more, the final paragraph reads;

Ninety-eight per cent of principals said that chaplaincy is important and want government funding to continue. Many principals want the funding to be expanded to ensure all schools can access the program and that large schools, schools in low socio-economic areas and other schools with high needs can have greater access to the services of chaplains. Chaplaincy is a unique service that is proving to be of great value to students, staff, parents, and their schools. It is proving effective in offering care, building the social skills of students, and encouraging responsible behaviour. It is of great long-term value to the wellbeing (sic) of Australian communities.

Time to roll out the spin on what may have been a 24.5 % positive response [A miraculous 98% of the 25% of all schools with NSCA federally funded chaplains who returned the survey]. First up was NSCA member and head survey author Reverend Philip Hughes who told ABC’s PM programme on October 13th, 2009 that 97% of school principles supported chaplains in schools [Audio: 2 min 30]. Not long after Alex Somley federal Liberal member for Fairfax QLD “referred the PM” to the impending end of the NSCP which was “supported by over 95% of the participating principles in Australia.”

On October 30th, The Australian Christian Lobby’s Chief of staff, Lyle Shelton employed that irksome online news video caper of self congratulation that the ACL have used to distort and mislead for years. The Edith Cowan University (where Rev. Philip Hughes was based) was “commissioned”, Shelton claimed, by the NSCA to survey schools and found 97% of principles were in favour of these great male and female “chappies” saving kids from the toils of reality.

On November 12th, then Deputy PM Julia Gillard was reported in Fairfax as saying the government would consider funding for the chaplaincy programme. The moral guardians in the Australian Christian Lobby leapt to NSCA defence and on November 20th, 2009 published Christian Lobby highlights role of chaplains in helping young people at risk – written by their PR manager no less. As all this had been unfolding Rudd was being pimped and primed for his appearance at the ACL’s National Conference in Canberra. The  November 21st 2009 conference went well for the Christian Lobby who immediately published Christian Lobby welcomes Rudd Government support for school chaplaincy:

The Australian Christian Lobby (ACL) today welcomed Prime Minister Kevin Rudd’s clear support for the school chaplaincy program and the Federal Government’s decision to extend funding for the program until the end of the 2011 school year. ACL Managing Director Jim Wallace said the Prime Minister’s announcement to the ACL National Conference in Canberra today was warmly welcomed by the many church and denominational leaders in attendance, as well as grass-roots Christians.

“Mr Rudd spoke of his clear and long-standing commitment to the school chaplaincy program, dating back to its beginnings in Queensland. He has a strong appreciation of the valuable role chaplains are playing in helping both school students and their families in a wide variety of situations,” Mr Wallace said.

“We congratulate the Government on its commitment of $42 million in funding over the 2010 and 2011 school years – representing an extra year’s funding over what had previously been allocated.

“The Prime Minister indicated today that during that time the Government plans to consult with the community as to how best to shape chaplaincy and pastoral care programs for the period beyond.

But that still wasn’t good enough. A mere five days later, November 26th, Peter Dixon Liberal Senator for QLD tabled a pro chaplain petition which read in part, “Figures show that 97% of school principles who have engaged a chaplain, strongly support the programme and recognise the benefits for their school communities”. The same day in the Senate Liberal Senator for QLD, Brett Mason accosted labor Senator, Kim Carr. “Given that over 2,700 schools have chaplains and over 97% of those schools think that chaplains have had a positive influence on their school, why has the Rudd government chosen… [to only promise funding for one year]”.

Later, Liberal senator for Tasmania, a co-architect of Howard’s initial three year scheme, Guy Barnett, threw all caution to the wind offering, “2,700 schools have a chaplain…. a survey was undertaken recently and 97% of the principles of those schools said ‘Yes it is a programme worth keeping and we really appreciate it’“. My what an extraordinary coincidence! They all happened to say just that? But just when you thought it couldn’t get more patently absurd, Barnett says, “This government… [have] already done one review and they know the results are fantastic, a 97% result – you cannot get much better than that”.

November 26th 2009 was a darn good day for the 24.5% of apparently positive results received by the NSCA as part of their review of their own gig. It was shouted high and low that school chaplaincy was a programme beloved by 97% of principles. What’s more, Labor now seem to have done the survey and appeared to have been sitting on this glowing – or should that be “fantastic” figure. So surely they must act on this revelation – even if facts did show it to be a most unscientific 24.5% garnered by the national chaplaincy body that stood to gain the most, thus having the greatest conflict of interest.

Eventually, Tim Mender of Scripture Union QLD made it onto Sunrise claiming… you guessed it. “The proof’s in the pudding. Recent research said that, er, 98% of school principles that had a school chaplain wanted this funding to continue because of the positive effect they’re having on the school community and you can’t argue with those facts”. Facts? Angle it any way you wish dear reader, but this is bald faced lying. Mender was privy to the survey in it’s entirety and almost certainly played a hand in how to “market” it to appropriate lobbyists.

Well, we know Gillard deposed Rudd in June 2010. As late as July 27th 2010 National Federal Member for Fisher Peter Slipper, was laying into Gillard offering, “Even the former Prime Minister Kevin Rudd described school chaplains as the ‘glue’ that holds school communities together. “A lack of continued support for this project would simply be another Labor backflip.” Twelve days later Gillard promised $222 million to “boost” the number of chaplains. We’ll never know Rudd’s full intention on funding chaplains past 2010. He was a critic of the Liberal style religious right “hijacking” of values when in opposition. It’s unlikely but perhaps possible that he’d have kept a better reign on it than presently. Certainly the disgraceful mantra of adhering to “guidelines, guidelines, guidelines” from Peter Garrett in defence of both chaplains and evangelising religious education volunteers is almost laughable.

These guidelines are being trampled upon, our children and education system exploited by the religious right and the separation of church and state – apparently safe under present “guidelines” – is a mockery. It is axiomatic the entire system needs a thorough overhaul. Chaplains must be removed from the public education system and religious education must be kept outside curriculum hours.

I’m 97% sure that’s a sensible idea.

Peter Garrett defends the present system in response to the above video

ACCESS Ministries borrow Scientology tactic to silence critic

Posted in ACCESS Minintries, Australian Christian Lobby, Religion by

Mike Stuchbery hosts his blog with major blogging software provider WordPress.

At 9:30 AM today he tweeted; “I’ve been silenced! WordPress has disabled my ability to post on my blog, presumably upon a complaint from Access Ministries!”

This is related to his June 15th post Cowboys and Chinamen? in which Mike originally published parts of an ACCESS Ministries resource, Man Hunters and linked to a PDF he had uploaded to his blog containing the full text. The post describes a disturbingly anti-science theme to a story set in violent Victorian gold rush days with ample revenge, blood and shoot outs. Heading the post is an update – the reason for which I’ll get to immediately. Mike writes:

NOTE: As you may be aware, Access Ministries have threatened me with legal action over this blog post. I’ve made transcripts of the dialogue and removed all but one of the images. I believe what remains constitutes fair use of the text for the purposes of a critical review of the text.

This came about following circumstances outlined in ACCESS STRIKE BACK! posted by Mike on June 17th. Pop over to read the “Access Ministries, Infringement of copyright” letter from Nils Versemann, senior lawyer and trademark attorney for Moores Legal. We can spot what’s happened here. Mike’s response and intention is summarised in the quote above. It would seem this doesn’t satisfy “Our client’s requirement” as relayed by Nils Versemann. Namely:

Our client requires that by 5 pm on Saturday 18 June you:

  • delete your 15 June blog post;
  • delete the reproduction of our clients book from WordPress.com
  • destroy any other infringing copies or our client’s book in your possession, including any infringing electronic copies.

Our client further requires that by 5pm on Wednesday 22 June you provide a written undertaking not to reproduce our client’s book in whole or part without our client’s prior written permission.

If you fail to comply with these requirements in full, our client reserves the right to take copyright infringement proceedings against you without further notice.

You may read the full letter as a scanned image here and part 2 here.

It was certainly a bold move on Mike’s part. On the other hand, there are requests from ACCESS that are simply unrealistic and bullyish. Namely to delete any electronic copies – a demand impossible to police without infringing on Mike’s rights. Furthermore insisting on “a written undertaking not to reproduce”, is arrogant and unnecessary. Particularly given the quality of legal help Victorian’s are funding for ACCESS. Copyright law is quite clear in protecting the owner.

Mike’s letter would no doubt be filed to use as a legal sledge hammer against any further examination of the material that ACCESS deem appropriate to fill young student’s heads with. I would query the legitimacy of such a request made outside of the context of obligations to parties in fulfilling contracts.

It is distressing to see taxpayer monies being used in this aggressive fashion. No doubt similar requests went to WordPress leading to an apparent suspension of Mike’s account. In proceeding with this action ACCESS have again sent a loud message to Victorians that they shall hold to their own script and defend it aggressively. If Man Hunter carries the theme of revenge, it appears it is mirrored in ACCESS’ defence of material. So, was this necessary or a ridiculous and vengeful overreaction by ACCESS?

A far more suitable way to deal with Mike’s ambitious reproduction would be to file a Digital Millennium Copyright Act – DMCA – infringement. Broadly speaking this consists of a Statutory Declaration pursuant to the relevant Act section, written by the copyright holder to the ISP – in this case WordPress, whose hosting servers are in the USA. ACCESS would claim exclusive ownership of material held at URL X, and claim in good faith that Mike’s use is not authorized, thus constituting an infringement of their copyright.

What follows is an immediate “DMCA Takedown” in which the material in question is removed pending confirmation. The complainant – ACCESS Ministries – must then provide proof of ownership within ten days to uphold the complaint. The Act itself is explicit in placing the burden of action upon the ISP. They themselves have no jurisdiction over the material once the claim is made.

To satisfy the ISP a brief letter from Moores Legal confirming copyright would suffice. Mike would be free to post material of his own. This is made more compelling – if not absurd – in that to get WordPress to react as they have, the DMCA must have almost certainly been invoked or consulted by either or both parties. The DMCA infringement notice and copyright confirmation could have been emailed together by ACCESS Ministries itself.

In short this could easily have remained an administrative issue on the part of ACCESS, with equally effective results. Indeed, very effective results. I’ve had genuine documents of mine removed by an anti-vaccination lobbyist as reported here.

Update [June 23]: Automattic is the company responsible for WordPress blogs. Their DMCA online submission form provides for the breach of ACCESS Ministries copyright, as outlined in the Moores Legal letter to Mike Stuchbery. Automatic request in part:

You must include the following:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyright claimed to have been infringed;
  • A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that content; for example we require a link to the specific blog post (not just the name of the blog) that contains the content and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
  • Your name, address, telephone number and email address; and
  • A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

Jonathon Bailey of Plagiarism Today has a comprehensive article on submission to WordPress.com – see Copyright Complaints. This confirms that the above page provides for a DMCA takedown.

Surely, this would have been a more suitable approach and a more worthy use of taxpayer funds. Such heavy handed tactics by ACCESS herald a most unfortunate precedent by a Christian ministry purporting to propagate Christian values. One can only struggle to imagine just how this particular caper would be relayed via cartoon.

There is simply no apparent legal need, beyond flexing financial muscle, served by involving Moores Legal.

Mike has already written about this issue on his other site, under the title Gagged!

His Twitter stream is here for those keen on developments.