Peter Garrett accepts ACCESS Ministries “self certification”

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?

ACCESS Ministries borrow Scientology tactic to silence critic

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.