Has the OLGR “verified” the HCCC Warning was “sole basis” for revocation of AVN fundraising authority?

I am not a lawyer…

One constant theme that Meryl Dorey has kept up since the OLGR revoked the AVN fund raising authority (the decision is under appeal) is that it was entirely due to the, now removed, HCCC warning.

On February 24th the NSW Supreme Court upheld the Australian Vaccination Network appeal against the HCCC. Justice Christine Adamson found that the HCCC acted ultra vires in conducting an investigation, publishing a public warning and ordering the AVN to post warning notices online alerting consumers that they are antivaccination.

In this case ultra vires, meaning beyond powers, was a technicality of acting outside jurisdiction. The HCCC was deemed to have done so under Section 7 of the HCC Act: What can a complaint be made about? It had not been sufficiently demonstrated to the court that Section 7(1)(b) – a health service which affects the clinical management or care of an individual client, applied to the AVN. Simply, the HCCC needed actual information that Joe or Jane Bloggs had not vaccinated because of the AVN, before it – the HCCC – could act.

So, how does this relate to the OLGR appeal?

The AVN wanted certiorari granted in relation to all HCCC findings. This would have rendered the HCCC findings null and void and legally the findings would be considered quashed. This is quite different to having been found to have acted outside jurisdiction as a result of those findings.

Dorey also submitted that the Minister for OLGR was obliged to take into account the Public Warning as part of his duty under the Charitable Fundraising Act 1991.

Juctice Adamson found on page 21 of the ruling [bold mine]:

The plaintiff argued that the Public Warning was, as a matter of practical reality, a matter that the Minister for Gaming was obliged to (and in fact did) take into account in determining whether to revoke the plaintiff’s authority to raise funds under the Charitable Fundraising Act 1991. When asked to identify the discernible legal right which was affected, counsel for the plaintiff said:

“The damage to its reputation by being labelled a public risk to health and safety.”

[The AVN] submitted that its rights were not only directly affected, but also altered, by the HCCC’s decision to issue the Public Warning and that certiorari is accordingly available. It argued that the decision directly exposed it to a new hazard of an adverse exercise of public power (having its fundraising capacity revoked).

However, the plaintiff could not point to any provision in the Charitable Fundraising Act 1991 that made the Public Warning a mandatory relevant consideration in the Minister’s decision whether to revoke the authority.

Accordingly there is no basis on which I could find that the Minister for Gaming is legally obliged to take into account the Public Warning. For these reasons, certiorari does not lie.

If certiorari does not lie the findings remain. The HCCC conclusions are not incorrect. The AVN has not been found to be acting in the public interest. The complaints have not been found to be without foundation. What happened was that the HCCC did not convince the court it could act further in exercising it’s powers based on the initial findings.

More so, implicit in the above wording, is the failure of the AVN to show that the HCCC Public Warning was taken into account by the Minister for Gaming on legal grounds. Nor is there any provision in the Charitable Fundraising Act 1991 to support the AVN contention that the Minister was obliged to take the Warning into account when revoking authority.

So in the case of AVN vs HCCC the Supreme Court made no order at all affecting the OLGR’s revocation of the licence to raise funds.

At this point the Public Warning carries no weight. The HCCC findings have not been quashed. Justice Adamson has rejected the AVN submission that the OLGR revoked the AVN’s authority to raise funds because of the Public Warning or their claim of an obligation to the Public Warning. Nonetheless the next day Meryl Dorey wrote on Facebook [bold mine]:

For those who have been asking about our chariity (sic) status, hopefully, I will have more information on that early next week. The HCCC decision did not automatically give us back the authority, but I am hopeful that we will get it back since the OLGR relied completely on the HCCC warning to revoke the authority. Therefore, since the warning was invalid, the revocation may be too. Anyway, I will let you know as soon as I have the information myself.

Yesterday writing in her Living Wisdom email of April 8th Meryl noted that whilst they would be reimbursed for expenses against the HCCC they would not be reimbursed for expenses against the OLGR [bold mine]:

… but hopefully, we will soon have our authority to fundraise reinstated since the OLGR have verified that the HCCC’s warning was the sole basis of that revocation. Now that the warning is no more (the HCCC removed it from their website the same day the decision was handed down), we should be granted a charity authority again.

Interesting. There was a Directions Hearing for the appeal on March 27th. I can’t be sure but it strikes me as unlikely the OLGR would “verify” that a defunct warning was the sole basis of the licence revocation at a Directions Hearing. What else has the OLGR said?

On their website they announced the revocation in 2010:

Minister for Gaming and Racing, the Hon Kevin Greene MP, has revoked the fundraising authority formerly held by the Australian Vaccination Network Inc (AVN).

An investigation by the Office of Liquor, Gaming and Racing, a division of Communities NSW, found that AVN had breached charitable fundraising laws and potentially misled the public. […]

The OLGR investigation also took into account the findings of the Health Care Complaints Commission (HCCC) which established that the website operated by AVN provided information that was solely anti-vaccination as well as information that was incorrect and misleading.

The HCCC has published a public warning stating that AVN’s failure to post a disclaimer on its website may result in members of the public making improperly informed decisions about whether or not to vaccinate posing a potential risk to public health and safety.

This fairly clearly states that the OLGR investigation found the AVN breached charitable fundraising laws and also took into account the HCCC findings. These findings have not been quashed. They note the HCCC public warning and the risk to public health and safety.

If they also took the HCCC findings into account then there would be other factors at play. Indeed their findings included breaches of the Charitable Fundraising Act 1991 that are of no business to the HCCC:

Under Section 31 of The Charitable Fundraising Act 1991 the reasons for revocation can be found. In fairness to Meryl we should consider what may be the reason for her insistence that the HCCC Warning influenced the revocation. On October 14th 2010 Meryl published this via email to members:

Approximately 2 hours ago, I received a notification from the OLGR that they would, effective Wednesday, October 20th, be revoking the AVN’s charitable status. They have sent me a letter listing the reasons for this revocation (those reasons are reproduced below) and also the announcement that is being Gazetted today.

(a) that any fundraising appeal conducted by the holder of the authority has not been conducted in good faith for charitable purposes

The Organisation has failed to publish a disclaimer on its website as recommended by the Health Care Complaints Commission (HCCC). This has resulted in an unacceptable risk of potential donors to the Organisation being misled when making a decision whether or not to make a donation, which has led to appeals not being conducted in good faith.

(c) that any fundraising appeal conducted by virtue of the authority has been improperly administered

The Organisation’s website is misleading in that it may lead people making donations to believe that they are donating to a cause which promotes vaccination whereas the Organisation adopts an anti-vaccination position. When requested by the HCCC to publish a disclaimer on its website the Organisation failed to do so.

(f) in the public interest, the authority should be revoked.

The failure of the Organisation to comply with the HCCC recommendation resulted in the Commission publishing a Public Warning on 26 July 2010 advising that this failure “poses a risk to public health and safety”. In this circumstance it is in the public interest to not permit the Organisation to conduct fund raising appeals under the Act.

This is an accurate account of the OLGR correspondence as reproduced elsewhere.

I can understand concerns about section (f) which, worded that way, appears to rely only on the HCCC Public Warning. Section (c) appears quite valid when stripped of reference to the HCCC. Furthermore the OLGR cited HCCC findings in conducting their investigation, and these findings have not been quashed. Thus Section (a) and (f) derived from HCCC findings, not recommendations, would potentially still stand.

Nonetheless, in terms of the revocation (and only the revocation) these are the reasons listed by the OLGR. And they do carry an item by item reference to the HCCC, which in turn apparently gives credence to Ms. Dorey’s repeated claim. Given the number and type of breaches of the Act, the OLGR could seemingly have cited other aspects of Section 31.

Certainly when the matter reaches court the defence of Sections (a), (c) and (f) will become far more complex. To this we should add the judgement of Justice Christine Adamson as noted above. An attempt to set a precedent that the licence to raise funds was revoked only due to the HCCC Public Warning was rejected on interpretation of The Charitable Fundraising Act 1991.

All considered it’s a likely simplification to claim the revocation is based entirely on the HCCC Warning. We should remember the OLGR stated it “also” looked at HCCC findings in it’s statement of revocation. Although on examination I can understand Ms. Dorey’s penchant for doing so. After all it drives attention away from other aspects of the OLGR investigation.

The following is from an OLGR letter to Mr. Ken McLeod, October 18th, 2010:

During the course of the inquiry evidence of possible breaches of the Charitable Trusts Act 1993 was detected in relation to the following specific purpose appeals conducted by AVN. :

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.

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. It is noted that AVN did spend some $15,000 during the period December 2009 to July 2010 on various forms of advertising.

3. Bounty Bag Program and Vaccination Testing – for a number of years AVN has solicited for donations generally in a manner where, despite it not being AVN’s intention, one specific purpose was created in that donations could only be spent on one or more of four purposes, including funding the provision of AVN material in the Bounty Bag program and testing of vaccines. No funds raised have been spent on these two purposes.

There is evidence that funds donated for the above specific purposes have been applied to other purposes including the running costs of AVN. Accordingly these matters have been referred to the Department of Justice and Attorney General, the Department that administers and regulates the Charitable Trusts Act 1993

In answer to that question I do not know if the OLGR did base it’s revocation entirely on the HCCC recommendations, nor whether or not it has verified anything of late. I do know one Supreme Court judge has rejected this notion on legal terms and I conclude there are many more valid reasons as to why the AVN should never be allowed to raise funds as a charity.

For an excellent and well laid out article I recommend visiting reasonablehank‘s consideration of exactly the same question.

I do hope however that when this matter gets to court the OLGR brings forth the bulk of their findings and uses them to prevent the revocation being overturned.

The AVN is anything but a charity.

Would you like Hepatitis B with that?

Hepatitis B vaccination elicits a unique type of hysteria in the antivaccination community.

The story of the brand new baby born to a hepatitis B positive mum and an Australian Vaccination Network member dad, who was snatched from a large Sydney hospital and hidden from community services and police to avoid the hepatitis B immunoglobulin comes to mind. Thanks to Meryl Dorey this poor couple erroneously believed that aluminium in the hepatitis vaccine would do more damage than the disease itself.

Many of you may remember this story wherein Dorey published gripping accounts of this couple on the run (“it could be you next”), raising money for their welfare via a Fighting Fund. She made $12,000 but the family saw none of it. Their reward was to be left to face a Supreme Court judge alone and find that DOCS, not Auntie Meryl, would keep dad from prison.

There was no point getting their child vaccinated by the time this occurred. Doctors said “the child runs a high risk of contracting it unless he is immunised within days“. What else may have happened to impact on this newborn? Whilst between 1 – 10% of acutely infected adults remain chronically infected carriers of HBV a disproportionate 90% of neonates will remain chronically infected for years after.

Age of infection vs likelihood of becomming a carrier

Thus the vaccine that’s “good for newborn prostitutes and drug users, but who else?” according to some, apparently has a crucial role to play for this one individual, his siblings, other family members, playmates, day care attendees… indeed potentially everyone he comes into prolonged contact with. The mind boggles about pox parties full of the children of rusted on conscientious objectors.

However the big scare pushed about Hepatitis B vaccination is still autism “caused by” thimerosal (thiomersal). Although antivaxxers will find any excuse to blame vaccines, the fact that many still attack thimerosal was picked up by New Scientist in the wake of a recent CDC report:

CLAIMS that autism is caused by vaccines containing thiomersal have been floored by increasing rates of autism in children not exposed to the chemical.

No link has been found between autism spectrum disorders (ASD) and a mercury-containing compound known as thiomersal that is used in some vaccines. Nevertheless, since 2000, thiomersal has been phased out of most paediatric vaccines in the US. Now a report published by the US Centers for Disease Control and Prevention shows that, despite this, the prevalence of ASD has continued to grow. […]

“Increases are likely to reflect better awareness of the condition,” says Simon Baron-Cohen , director of the Autism Research Centre in Cambridge, UK.

In fact reasons for increased diagnoses are well documented.

  • The actual frequency of autism may have increased, meaning more children have it
  • There is increased case reporting, leading to greater findings, better use of funding and heightened awareness
  • Changes in the DSM-III-R and DSM-IV diagnostic criteria may account for more cases
  • Parents are more conscious of autism, more likely to seek expert help and more cases are being diagnosed as a result
  • Earlier diagnoses have essentially added a new younger demographic to the the existing demographic of children – ie; it spans more years
  • When we examine rising autism figures we find a corresponding drop in other types of mental disability and retardation, meaning they are now within the autism spectrum
  • There is an increase in misdiagnoses of autism which may partly explain the misconception of “autism cures”

Meryl Dorey is a champion for the Hepatitis B vaccine causing autism and even death in the case of health care workers. In fact scarcely had Meryl ripped off the poor family who ran away from hospital than she was scamming her members for more money to save the world from HBV vaccination. Meryl claimed to have heard from nurses “forced” by their cruel work colleagues to have the HBV vaccine. They turned to Dorey for help. She turned to Google for help. She diagnosed Lupus Panniculitis. It was decided Meryl was so awesome that members would give her their Maternity Immunisation Allowance.

Believe it or not about 14 months later in October 2009 another poor Hepatitis B positive expectant mother was “threatened” with the killer vaccine. Meryl alerted her email group. Urgent help needed in Sydney for mother being threatened with DOCS. Meryl relayed the story of the woman being “bullied” and likely to lose her baby. Dorey wrote:

The head midwife at the hospital has told her that if she refuses the Hep B vaccine for her baby, DOCS will be called in and the baby will be vaccinated against her wishes. She will also lose custody of the child and she may not be allowed to leave the hospital.

Her magical word was “offered”. The Hepatitis B Vaccination Policy for NSW does indeed state the vaccine is to be offered. I managed to have a chat and email exchange with the chap at NSW Health responsible for the design, authorship and implementation of vaccination policies for patients and staff. Scarcely wavering on his professional tightrope (smart bloke) he was able to confirm that Dorey’s account was nonsense and that patient consent must be obtained. I was also told the policy was under review and changes were likely.

For the record here’s the two pointy bits of the policy.

  • All pregnant women are to be offered screening for hepatitis B, surface antigen (HBsAg) and should be provided with verbal and written information about hepatitis B and the hepatitis B immunisation program. The health interpreter service is to be used whenever necessary.
  •  Neonates born to HBsAg positive mothers are to be offered, hepatitis B immunoglobulin (HBIG) within 12 hours of birth and a total of four doses of hepatitis B vaccine to be administered at birth, two, four and six months of age.

I also spoke to a representative from DOCS who likewise confirmed Dorey’s tale about losing custody was virtually impossible because it was, in effect, hypothetical. About a fortnight later Dorey posted A great victory for informed choice and proceeded to relay how she had actually contacted the Minister for Health (then) Carmel Tebbutt and laid down the law. Part of her account included the false claim that:

The hospital did call DOCS and the mother was greatly concerned that steps were already in place to take her child away – before it had even been born. She was told by the hospital that they were in the process of preparing a court order to make this baby a ward of the state immediately after birth! Imagine how terrifying that would be!

The moral of the story is that Dorey supposedly persuaded the Health Minister to personally intervene in this individual case, based upon her own false account. Amongst urging members to annoy the Minister with thanks, she claimed “the hospital” was rewriting it’s policy as a result of her intervention. Firstly NSW Health provide all policies for all hospitals. Secondly as I noted it was already under review. Thirdly, it still hasn’t been altered since 2005 – 7 years ago.

I wrote to the Health Minister’s office to express my disgust with Dorey’s manipulation of the situation and false claims about the conduct of hospital staff. The reply I received was fairly non committal, referring to the policy in question and reinforcing that patient consent is required. It did not deny Dorey had made the contact she claimed to have. Apparently Dorey had indeed interfered in another child’s health and manufactured a daring tale to spoon feed her members.

The next Living Wisdom newsletter carried the “victory” and a sickening reference to “the rights of our children”.

Interestingly in response to criticism Dorey managed this stunner of a reply, absolutely irrelevant to the case specifics:

Are you aware that the Association of American Physicians and  Surgeons has stated that a child is 100 times more likely to have a reaction to the vaccine than to suffer from Hep B?

Apart from that, there are other ways to clear Hep B from the system including chinese (sic) herbal medicine – there are peer reviewed studies on this. So if the virus itself or its antibodies are suspected of causing problems, vaccination is not the only answer – nor is it necessarily even ONE of the answers since it does not appear to be effective in newborns who can’t seem to develop antibodies for months anyway… It’s all about informed choice and informed choice is always right.

When the person did not reply Dorey accused him of being a “bully” and “a coward”. Either way the below graph shows how the Hep. B vaccine and not “peer reviewed” Chinese herbs have contributed to improved health in low income countries. One of these is China itself (where Dorey suggests HBV is “natural”), which has now begun to turn around it’s liver cancer epidemic.

Amongst the nine or more “vaccines cause autism” themed products in the AVN online shop is the specific When Your Doctor Is Wrong: Hepatitis B Vaccine and Autism. Add to that all the other items which attempt to link vaccines in general to every imaginable ill and the Hepatitis B vaccine has a rather poor time of it. All in all, it’s a disgrace.

On page one of the Australian Vaccination Network‘s new constitution we read:

The purposes of the association are:
(a) the advancement and promotion of education and learning amongst the public about all matters concerning human health and human physical and social well-being;
(b) the propagation, publication, dissemination and diffusion of knowledge and information to the public about all matters concerning human health and human physical and social well-being;
(c) the encouragement and promotion of the widest possible dissemination to the public of all information concerning human health and human physical and social well-being.

It appears that scams, made up stories, misleading information and dangerous advice are the real “purposes of the association”.

The AVN remains a clear and present danger to human well-being.

Australia’s role on the global vaccine stage

Last Thursday evening The University of Melbourne’s Spot Theatre hosted a unique and impressive event.

Australia’s Role In The World is an initiative of UN Youth Australia, the Australian Institute of International Affairs and the University of Melbourne. It’s purpose is to “engage young people, academia and the wider public in debate
about major global issues”. The official launch of the initiative was a forum entitled Vaccines To Change The World and made for a perfect Live @ Melbourne event.

The panelists were Dr Seth Berkley, CEO of the GAVI Alliance (formerly the Global Alliance for Vaccination and Immunisation), Tim Costello, CEO of World Vision Australia, Sir Gustav Nossal, University of Melbourne and Dr Kate Taylor from the Nossal Institute for Global Health. ABC Correspondent, Ben Knight having just returned from the Middle East made for an appropriate and excellent moderator.

When it comes to funding vaccination in developing nations and contributing to vaccine research and development, “Australia punches way above it’s weight”, Seth Berkley informed a large audience shortly into his address. Given the global challenge, and the positive impact of these programmes, this is something to feel good about.

Presently one child dies every 20 seconds from VPD. 270,000 women die annually from HPV related cancer with 85% in developing nations. More so, the percentage of mortality to cervical cancer incidence is disproportionally high in low to middle income nations. HPV vaccine coverage is least in these nations – something GAVI is working to address.

Lower income nations experience higher incidence and mortality from HPV related cancer

With pneumonia and diarrhea the top killers it’s satisfying to know Aussies contribute significantly to the “huge task” of rolling out of Pnuemococcal and Rotavirus vaccines. Along with Hepatitis B, DTP3 and Hib, GAVI has slashed the cost of access. In the case of the Pneumococcal vaccine market GAVI fund 97% of cost as compared to the USA market.

Pneumococcal and Rotavirus vaccines directly target two major child killers

However with 19 million children still missing out on immunisation and 15.4 million of those in GAVI eligible nations, one can appreciate the significance of GAVI’s mission and goals. Along with the mission to save lives and improve health via access to immunisation, GAVI seek to accelerate the uptake and use of underused and new vaccines. Helping strengthen the capacity of integrated health systems will be crucial in achieving this.

One child dies every 20 seconds from a VPD. Of 19 million missing out, 15.4 million are GAVI eligible

Increasing the predictability of global financing and improving the sustainability of national financing for immunisation, along with shaping the vaccine market are GAVI’s final two goals. GAVI also aim to drive equity in vaccine access across the globe. An impressive example of this is the uptake of the Hepatitis B vaccine in the decade from 2000.

High income nations increased uptake from 60% to around 77%. Low income nations shot from just over 5% to 98%. The impact of the consequential lowering of liver cancer incidence, particularly in China which experienced epidemic levels, cannot be understated.

“Only good for junkies and hookers” – anti-vaccination slurs of the HBV vaccine reflect pop culture mentality

This brings into focus how important immunisation is not only in preventing disease but in sustaining economies, and earning potential in adults. Immunised children maintain the health to attend and complete school. Reaching adulthood they have the potential to earn a competitive wage and thus contribute significantly to family income.

Parents need not produce large families to combat childhood sickness and death, or to meet the need for labour and their own care in old age. The cost of a disabled child or adult added to the tragedy of a deceased parent is a reality for many in developing nations. It’s estimated a one year increase in life expectancy equates to increased labour productivity of 4%. In this light it’s been estimated immunisation programmes have a rate of return between 12.4 – 18%.

One study cited by Seth Berkley noted that a fully immunised 11 year old would present with increased IQ, language skills and math testing results. Over time the “democratic dividend” is to invest more in fewer children. Thus we can see that by ensuring healthier children and smaller populations immunisation can pull families, villages, districts and  entire nations from poverty. According to Dr. Kate Taylor 100 million people per year are driven back into poverty due to illness.

Hib meningitis in Kenya’s Kilifi region fell 88% in three years following vaccine introduction

Results from immunisation are undeniable. With a 54% increase in population from 1980 – 2010 came a 95% reduction in diptheria and tetanus cases, a 92% reduction in measles and pertussis and a 97% reduction in polio. $1.3 billion per year is saved due to the absence of smallpox, which is over ten times the cost of the 1979 eradication programme.

When the Global Polio Eradication Programme was launched in 1988, 125 countries were endemic and 350,000 children were paralysed annually. Today only three countries remain endemic. India is an example of strong political will and determination in that two years ago it had the largest number of cases, yet today has been free of polio for a full year.

Rolling out new vaccines to close the immunisation gap is a major GAVI priority

Future challenges for GAVI will be expanding it’s reach and overcoming political apathy to make the most of emerging new vaccines and to roll out those yet to hit the market. The newer the vaccine the higher the percentage of those unimmunised. Poor political will is an obstacle. Part of the answer is to get the public and the global community to care, without placing excessive reliance on ministries of health by also including financial and planning ministries.

Australia is presently the sixth largest supporter of GAVI. Recently, thanks to Kevin Rudd, our commitment rose from $6 million to $250 million in the lead up to 2015. Kate Taylor underscored that private individuals with enormous wealth had dramatically also changed the landscape in securing funding dollars.

As competition drives down vaccine prices quality control in emerging markets is vital

Focusing on two research initiatives Sir Gus Nossal declared, “The future is bright”. Australia is contributing strongly to the “second generation” malaria vaccine, which given that the RTS,S is 56% effective in toddlers, is an essential avenue of pursuit.

Closer to home he mentioned emerging research into a vaccine for Group A Streptococcus. This disease has given Australia the unenviable status of having the highest incidence of rheumatic fever and rheumatic heart disease in remote indigenous communities.

Tim Costello reinforced that Australia and AusAID is committed to 0.5% of Gross National Income. Presently Australia has no billionaire analogues to the Bill Gates’ of this world. Letting no-one off the hook, Tim pointed out that, per capita, W.A. also donate the least to charity despite their expanding wealth. Aussies donate 35 cents per $100 of tax payer monies to global charity.

Over 90 or so minutes a fascinating account of Australia’s role in the World was presented by some rather heavy hitters in global charity and health.

Aussies can be proud that an unmistakable message is that when it comes to global vaccine equity, our nation is an accomplished heavy hitter also.

How can anyone doubt? Vaccination Saves Lives.

All slides © GAVI

The Age of Hilarious: Reflections on the growing anti-science movement

When I was a kid, my mum had a sure way of finding out what we meant when describing something as “funny”.

“Funny Ha Ha or funny strange?”, she’d ask, and when suitably availed of an answer could turn her attention to following whatever enormously important point kids tend to make. Looking around today however, “funny strange” is thoroughly outdone by the eerie normality with which faith and belief in demonstrable and dangerous fallacies pass us by.

Using “funny” as our proxy description of weirdness, one may consider the present day feverishness with which cognitive bias is clung to, literally hilarious. In what passes for our first generation and more to have lived in the Space Age, there is an abundance of not just unscientific, but viciously anti-scientific beliefs to choose from. So ubiquitous, so easily tolerated, so poorly regulated is this tsunami of irrationality that one cannot miss that we live now in a new age of hilarious ritual and superstition.

In this Age of Hilarious there are some undeniable and durable trends. From hip healers, to AIDS denial, to scheming chiropractors, to cancer cures, to creationist museums to vaccine denial merchants and even the screaming lunacy of the freedom and conspiracy lovers, one enemy glues them together. Science. Without rattling off the volumes of anti-science movements – many of whom claim to be immersed in science – the same thought justification applies. Science is bad, evil, unnatural, open to unwholesome thinking, an unwelcome intruder upon the family, upon motherhood and upon health.

Its agents are intent on hiding the truth and in exploiting our species. It has destroyed the planet and wants to destroy us. It has permeated so much of our lives that to those worshipping in the Age of Hilarious it’s axiomatic as to how malignant Science is. To use Science – or something tainted with its touch – in thinking or in decision making draws mockery and derision is many circles. It is at once corrupt and the vehicle for the corrupt to continue their corruption. Nonsense has become normal to the point where presenting facts earns inane insults. From Pharma shill in citing undeniable facts on vaccination to Zionist or Jew Boy for querying the logic of 9/11 as an inside job.

Yet despite the pointy ends of these beliefs, the hub from which it all comes probably tells us much about human nature. Those who embark on evidence denial often challenge critics or defend their illogical meandering with the unwarranted observation that Science doesn’t know everything… it can be wrong… the universe is infinite… there’s more to discover… I say “unwarranted” criticism, because no-one knows this better than those who understand science. Nothing else adheres to these observations as strict rules but the Scientific method itself.

I tend to hear this challenge more as a plea. Those who deny evidence with little thought hold to an ideology wherein they want to live in a mysterious universe. Alienated by the ordinary and mundane everyday explanations and foregone conclusions in the Age of Hilarious, they have essentially no notion that so much of what we take for granted now, was once never so. Perhaps a total mystery, a brutal fact of nature, an expensive time wasting ritual of ignorance or a serendipitous discovery.

Today there are so many millions living with so much explanation that the human needs for mystery, discovery or the urge to conquer intellectual fulfillment must certainly go unrealised. Is it so unusual then that an instinctive response may be to create the “unknown” or perhaps do this by denying what is known? To use the term conveniently, if we accept that humans have spiritual needs, nothing defines the denial of evidence and advancement of belief via ignorance better than the Creationist/Intelligent Design movement.

Finally the dots linking Science to Satan were joined. The Discovery Institute’s “anti-evolution” Wedge Strategy for “renewal of science and culture” begins with the breath taking lie:

The proposition that human beings are created in the image of God is one of the bedrock principles on which Western civilization was built. Its influence can be detected in most, if not all, of the West’s greatest achievements, including representative democracy, human rights, free enterprise, and progress in the arts and sciences.

Apart from its beaming intellectual revulsion, what strikes me most about the Wedge Strategy is its timing. Ideas from The Enlightenment (1650-1790) helped shape the most famous democratic documents in history. The intellectual forces it released have sustained reason and humanity above many attempts to counter Enlightenment philosophies. Although intellectual resistance began as early as 1800 the Industrial Revolution had already seen science secure its place as indispensable. After the two World Wars of the 20th century, then the Cold War, and the control of polio, science and democratic rights eventually opened the way for the quality of life that provided the luxury to be… well, stupid.

The timing was perfect to have Creationism – later renamed Intelligent Design – introduced as a new scientific area. Or rather, as ancient myths brought to life under the authoritative and credulous banner of Science. Thanks to godless communism and Billy Graham, Pentecostal, Baptist and Evangelical movements were well established. Biblical literalism was (and is) quite absurd but it did not want for believers. At the same time, the space race and the Apollo 11 moon landing succeeded in opening our eyes to new scientific wonders and understanding.

Punctuating this clash, and now forever in history, is the Apollo 8 Christmas Eve broadcast of 1968. The first astronauts to orbit the moon took turns to read from the book of Genesis, sending lunar images back to Earth.

By the time the sexual revolution and self discovery of the 1960’s and 70’s had passed, traditional religion offered cold, boring irrelevance. Confidence in mystery, cosmic wonder and supernatural interference had been blasted with knowledge, understanding and explanation. Faith was no longer a noble virtue. It was the absence of evidence and reason. Rather than a scattering of giant intellects condemning the folly of belief, it was an established widespread fact. Even worse the damage and perversion linked to religions was becomming manifest.

Science continued to do amazing things, spitting out new disciplines and knowledge as computer power took its place. Medical science wiped out smallpox in developing nations and extended the human lifespan in developed nations. Alien abductees and spoon benders were being challenged by these chaps known as Skeptics, but it was soon clear a new irrationality had taken root. Suddenly Noah’s Ark was discovered. Then again and again. The Age of Hilarious was upon us.

The ever increasing “natural” alternatives to medicine demanded more respect. Unable to provide evidence to back claims, denial of evidence and attacks on science began. Faith and high risk belief once again offered noble qualities. The alienated could belong. The challenge of ones character that led to such horrors during the middle ages: “How strong is your faith?”, underscored the rising anti-vaccination movement and its many “healing” cousins that in truth, do nothing but delay healing.

On another level the lessons learned from Intelligent Design proponents were being employed deftly by both climate change denialists and those with a vested interest in discrediting climate science. Except in this broadband age the change around from acceptance to denial occurred at breath taking speed. They too have their own “science” – a Global Warming Curriculum designed to undermine genuine science. Rather than the Discovery Institute befouling evolution and biology it’s the Heartland Institute generously funding a violent attack on climate science.

These factors aside the sheer numbers of people that now reject climate change, their high priests and the well established conspiracy language used is compelling stuff. Certainly it resonates well with anti-Enlightenment identities like Miranda Devine, products of The Age of Hilarious, who proceed to damage the field of discourse irreparably. So rigid are her anti-climate devotees a great number sprang to her defence when she blamed the London riots on equal rights and same sex union. The woman writes predetermined right wing vengeance, yet “great piece”, “wonderful article”, “blah blah”, flow across Twitter regardless of topic, as she insults critics with her baton of misplaced importance.

There are the Creationists who speak of climate science in the same tone I speak of war crimes. To confuse the mix other enemies of reason accept climate science not because they have the skill to choose a valid source, but because they are beholden to their misconception of “natural”. Yet far from potential allies in managing the fallout from climate change they contribute to delayed action on their own field of play. Destruction of GM crops. Misguided animal rights. Spreading misinformation about vaccination as a means to population control. It’s not smaller healthier and wealthier families they see emerging to bring developing nations out of poverty. It’s “human culling” via vaccine.

A common factor in all beliefs held by enemies of reason in the Age of Hilarious is the misconception of “research” and “conclusion”. We hear this with so many pseudo-scientific endeavours and particularly with climate denial and vaccine denial. People claim to have spent time researching vaccines, for example, only to follow on with the “conclusion” it’s best not to vaccinate their children. Yet whatever they have read has all the accuracy of that which leads others to deny evolution announcing, “If we evolved from monkeys why are there still monkeys around today?”. Or to quote Kent Hovind, he hasn’t seen “a squirrel give birth to a pine cone… a dog give birth to a non dog”.

Vaccine denial relies on the towering ignorance of the over-confident or the thunderous immorality of the callous and cunning. One can accept that it is surely impossible to properly study immunology and that they must trust the scientific consensus. Or alternatively one can crave the nobility of faith, the piety of belief and insist on not being “a sheep”. In truth no amount of reading without evaluation and practice justifies the often heard claims of superior intelligence.

It’s here we need the Dunning-Kruger effect. Rational Wiki describes it briefly and in brutal accuracy:

The Dunning-Kruger effect occurs when incompetent people not only fail to realise their incompetence, but consider themselves much more competent than everyone else. Basically – they’re too stupid to know that they’re stupid

Complicating this further is the in-group thinking that accompanies the anti-science crowds. Consider the Chiropractic Association of Australia. The Australian Homeopathic Association. The Australian Vaccination Network and other organised conspiracy movements. All these groups and many more exhibit a lack of any skill to discern the value of information. Ideology and belief is what drives them. Today, claimed intelligence and the accumulation of knowledge do not make for good decision making.

The sheer volume of information means we are better served by developing the skill to choose what sources to trust. Though I imagine for some they are at an extreme disadvantage. The constant urge for intellectual risk in the supposed realm of the unknown, once served by genuine mysteries, is a cognitive detriment. Hearing someone like Meryl Dorey talk, sets off warning bells like reading a scam Nigerian email offering me untold wealth in the worst grammar possible. Yet for others she is the cult figure that completes the circle of irrational belief.

It seems we develop intellectual tools in the absence of any skill to use them. No doubt that goes for all of us and highlights the importance of critical thinking. Vaccine denial appears in many cases to be justified by stories of cognitive dissonance that are resolved to an eventual cognitive bias which is then fed to the point of a splendid Dunning-Kruger effect. Intellectually the inability to use certain tools most often results in failed comprehension. But combined with the inability to gauge risk the anti-vaccine movement is overseeing a resurgence of disease. Consider this comment approved by Meryl Dorey on The Australian Vaccination Network Facebook page.

Inability to understand risk-benefit is a feature of The Age of Hilarious

The developing world is for those of us in the Age of Hilarious much like where a time machine would take us if we went backward and forward to gather information of vaccine preventable disease (VPD). Today, one child dies every 20 seconds from a VPD. Pneumonia and diarrhea are the biggest killers in developing nations whilst these are prevented by Pneumococcal and Rotavirus vaccines. As the AVN’s Judy Wilyman rails against the HPV vaccine, dismissively citing developed nation levels of cervical cancer the reality is 270,000 women die of HPV related causes annually – 85% in developing nations.

The smallpox vaccine saves $1.3 billion annually – 10 times the cost of the original program. Typhoid kills 200-600,000 per year and in developing nations congenital rubella syndrome still claims 90,000 lives annually. The cost to a family of a disabled child or adult often combined with the loss of a mother is to us, incomprehensible. Vaccination allows for improved health and growth. Children go on to attend and finish school. They contribute to family life and when eventually employed raise the family income to levels usually not dreamed of.

The more children vaccinated the more that live and the more that live the less that must be “produced” by parents to compete with the present law of attrition. In countries with high VPD one doesn’t expect to see children grow. Rather one hopes against the odds enough will grow to sustain a bearable quality of life for the family. With vaccination quality of life improves dramatically. Families, villages, districts and even nations can be pulled from poverty.

The GAVI Alliance – previously Global Alliance for Vaccines and Immunisation – fund 97% of pneumococcal vaccination in developing nations. In the last decade they have pushed hepatitis B vaccination in China above that in Australia and placed a virtual halt on liver cancer.

Yet comfortable in their scientifically endowed lives, fully vaccinated as children and content with two kids, vaccine denialists in developed nations insist the reduction in family numbers and misery is planned genocide. They ridicule charities and sabotage attempts to raise money for, or educate about, the success of vaccination in less fortunate nations, as yet free from the Age of Hilarious. Which raises the question: what are they free from?

A typical example is that recently Mia Freedman wrote an article about the self appointed experts of the anti-vaccine movement. Mia shreds the AVN ticking all the boxes about their false “choice”, the farcical name, the pretend expertise… in fact the truth. One quote I like which applies because the benefits of vaccines are irrefutable is, “In fact there aren’t two sides and there is no debate. On one hand there is science and there is no other hand.”

Dorey went berserk, summoned her flying monkeys and actually had them writing to Mia “from the other side”. The attacks were typical. “What a bl**dy parasitic moron journalist!” commented one. Her article was likened to eugenics, she was a moron, and idiot. She was an ignorant douchebag, rude, self-righteous, uneducated and hateful…. One can only imagine the emails out of the public eye.

Mia tweeted:

To which Dorey shot back “What threats? How about listening to parents of vaccine damaged kids to learn about the other side if (sic) vaccination? YES-2 sides!”. Which is terribly ironic as many have asked to see these crowds of vaccine damaged children that Dorey so liberally exploits. At the same time anyone presenting evidence was banned and their posts deleted – as usual. One member managed to remain leaving:

Mia writes engaging articles with compassion, empathy and humour. Many, many commenters on MM disagree with her position on many issues but as long as they’re not abusive, the comments stay. That’s why she has such a vast audience. You should try it, Meryl. You might find your audience grows instead of shrinking away and hiding on closed websites and Facebook pages.

And (to the author of the above Facebook comment – but not in response to that comment):

… why are you being so mean? You do realise that lots of people – genuinely curious people – will come to this page after reading Mia’s column? If I were you I’d be using the traffic to make a reasoned argument in a friendly forum. Mocking and insulting a well loved and popular writer (even if you disagree with her) is not doing your cause any good.

All in all it continued on for some time. I was riveted at how far the antivaccination movement – or is it just Dorey’s mob – had fallen. I could not find any arguments or attempts at discourse beyond vicious, wailing ad hominem abuse. Dorey wrote her usual scathing personal reply seeming to latch onto two sentences that distort Mia’s intent:

I’m certainly not suggesting we become a flock of sheep or suspend critical thought. But I don’t need to ‘do my research’ before I vaccinate.

Dorey used this to accuse her of being a sheep proffering, “Well duh! If you don’t do your research first Mia, may I suggest you open wide and say baaaaaaaaaa!”

But the full paragraph is clearer:

I’m certainly not suggesting we become a flock of sheep or suspend critical thought. But I don’t need to ‘do my research’ before I vaccinate. Or before I accept that the earth is round and that gravity exists. Scientists far smarter than me have already done that research and the verdict is unanimous, thanks.

Therein lies the impact of Mia’s article. Cries of “I’ve done my research” just don’t cut it with something as irrefutable as vaccination. From a safety viewpoint, it is open to abuse and argument less than regulation of the aviation industry. I would also argue, one needs the skill to discern a reputable source rather than embarking on piecemeal “research”. And in this Age of Hilarious it’s plain that Meryl Dorey is a source of dangerous nonsense.

To top it off Dorey made her seventh appearance on Friday at Conspiracy Central Airwaves aka Fairdinkum Radio. I’ve snipped 3 minutes of grabs below [or MP3 here]. It opens with Leon Pittard criticising science and the “technocracy” we’re moving into. It continues with Big Pharma terror then Dorey attacking Mia Freedman who “is a product of the governments health policy [which is] everyone must vaccinate and we need to fear and hate those who don’t do it”. That’s right dear reader – that’s government policy according to Dorey. Just like racism she contends.

Despite knowing the pertussis vaccine gives dubious immunity and no vaccine is infallible Dorey can’t seem to grasp Mia’s argument that an unvaccinated child is a risk to all Australians, vaccinated or not. Meryl should read this post from a mother whose vaccinated daughter caught pertussis from an unvaccinated child and three months later, “is prone to chest infections, pneumonia, and more susceptible to viruses and Influenza.”

In the same program Dorey again repeats the myth that no children died of pertussis in the ten years to 2009. Reasonable Hank deals with it splendidly. Why she keeps insulting her hosts and listeners like this I don’t really know, only to politely assume it’s linked to the pitfalls of cognitive bias above. Between 1993 – 2008, 16 children under 12 months died from pertussis. Dorey is well aware of this. And so her cult-like cycle of bald faced untruths continues.

French atheist, philosopher and author, Michel Onfray suggests the coming century will be the century of religion. He is probably right, but exactly what form the religions will take and what passes for belief and faith might be hard to recognise by its end. Consider Scientology for a salient example.

Whatever the case it seems that for a number of reasons from human psychology, to arrogance to simple power and profit the Age of Hilarious will persist for a while yet.

Judy Wilyman’s Vaccine Woo

Coincidence is not science – Judy Wilyman, June 30th 2010

According to conspiracy theorist and anti-vaccine lobbyist Judy Wilyman, it is a “scientific fact” that “the chemicals” in vaccines and vaccines themselves have “synergistic, cumulative and latent effects”.

Most of us are familiar with the latent effect/s of vaccines. Prevention of disease and death spring to mind. Combined? Prevention of multiple diseases, passing them on to tiny babies or those who cannot be vaccinated. Yet Judy is pushing a barrow of malignancy. Cumulative effects are the cause of many ills, Judy claims. With vaccines widely used for 80 years, her evidence then, must be compelling. She states:

There is no measure of delayed responses of vaccines or long term health studies of children monitoring the combined effects of vaccines. That’s the hard evidence that we would need to say this programme is safe

Oh. Perhaps not.

Download MP3 from W.A. July 30th, 2010 or listen (quote at 21min 30s):


Wilyman claims diseases were reduced before vaccination and health department records show a rarity of adverse reactions. But of course, “often this link is denied”. Her evidence then, must be compelling. Nah – just kidding.

I previously wrote a little on the W.A. Woo Fest that Professor Fiona Stanley described as “bizarre” and ”so misinformed that it is scary”. I stuck to question one of the two that Judy reckons define “the context and the ethics” of immunisation programmes.

  1. Did vaccines play a significant role in controlling and reducing infectious diseases?
  2. What is in a vaccine?

No doubt the ghastly constituents of vaccines will be equally misrepresented. “This generation of children is the unhealthiest yet”, Judy intones failing to offer a definition of chronic illness or any insight into the massive leaps in diagnostic technology and paediatric medicine.

Obesity is a major chronic health problem in today’s children and it alone ushers in many more complications. Poor diet and restricted activity have a permanent effect upon the development of the endocrine system, in turn effecting fat and sugar metabolism. Unsurprisingly diabetes is more common.

Prolonged periods of sitting (including recreational choices) can lead to problems from chronic constipation to poor perfusion and oxygenation of peripheral tissues to the rare but steadily increasing incidence of childhood thromboses. Increases in long distance travel have brought an awareness of the importance of regular leg movement in adults. There is a delicate balance between haemodynamic pressure, lymphatic function and venous flow related to movement. Vaccination is not to blame.

Judy would have fun explaining why Vaccine Preventable Diseases make the list of childhood diseases on the increase in developed nations, following reduction in immunisation. Or the success of the Hib vaccine in controlling that disease in just 12 years. Rotavirus is not linked to intestinal problems in infants. Despite telling her audience in W.A. that the influenza vaccine may be more dangerous than influenza itself, last September 115 deaths from ‘flu were reported in the USA. Wilyman:

In epidemics where there is only a small risks to individuals from the disease then the risk of the vaccine may be greater. Particularly if multiple vaccines are being used – and this is the case with influenza. Influenza is not a serious risk for the majority of children

Judy goes on to misrepresent thimerosal and other preservatives (formaldehyde) “which are known to cause neurological and immunological diseases”. Thimerosal is in only two childhood vaccines. Bemoaning formaldehyde exposure is as outrageous as it is ridiculous. A backyard BBQ burning old wood off-cuts or timber fixtures would produce many thousands of times that of a lifetime of vaccination. It’s typical misrepresentation of how much dose makes a poison.

Antibiotics which “we know are linked with allergies and anaphylaxis” are other terrible ingredients. The same with aluminium which is also “linked to auto-immune diseases”. Judy omits telling the audience that breast feeding over a 6 month period exposes an infant to 2.5 times the amount of Al from vaccination. Formula delivers 10 times the amount whilst Soy formula introduces 40 times the amount of aluminium.

Exactly how an infant can deal with ingesting 40 times the aluminium as via vaccination over the same period without being poisoned, is of no moment to antivaccine lobbyists. Presumably they imagine the hanky panky “natural” approach via digestion is a fail safe. Yet ingested Al certainly makes it to the blood stream and is excreted the same way as any source of Al – the third most abundant element and most abundant metal in nature. We excrete all but 1% that we’re exposed to over a lifetime.

Judy goes on to link “autoimmune diseases” such as diabetes, autism, arthritis, M.S., lupus and thyroidism to pathogens in vaccines. You see, the hanky panky digestion caper means pathogen proteins would naturally enter the stomach as amino acids. But injected these whole proteins produce auto-antibodies and cause autoimmune disease.

In case you missed it Judy has seemingly discovered that autism is an autoimmune disease, whilst the rest of the world’s researchers claim it has no known etiology. Which is also at odds to Dorey’s claim of acute demyelinating encephalomyelitis and other instances of encephalitis being the cause. Their unique impact is graphed below.

Source: Theoretically Speaking

Judy also blames allergies and anaphylaxis on vaccination. Yet incidence of anaphylaxis is documented at 0.65 cases per million vaccinations. Larger studies have also found less than one case per million vaccines and no deaths attributed to the immunizing agent. However 500 cases per one million are attributed to eggs, tree nuts, cows milk, wheat, soybean, fish, shell fish, sesame, peanuts, latex, insect stings and anesthesia.

Allergies are also blamed on vaccines by Judy, despite greater intensity, duration and frequency already being linked to climate change. In fact everything is blamed on vaccines – even speech delay regardless of diagnostic criteria changing markedly in recent years. Other developmental delays include ADHD. Despite very few viable candidates for asthma, but many well known triggers that’s also squeezed into her discovery portfolio. All down to vaccine ingredients that parents are not warned about, according to Judy Wilyman.

Wilyman loves to quote government sources when it suits her but omits that The Australian Immunisation Handbook notes:

Research has constantly replicated no link in the following:

  • sudden infant death syndrome (SIDS) and any vaccine.
  • autism and MMR vaccine.
  • multiple sclerosis and hepatitis B vaccine.
  • inflammatory bowel disease and MMR vaccine.
  • diabetes and Hib vaccine.
  • asthma and any vaccine.

Being “an independent researcher” and fond of her “PhD researcher” title Judy would be aware of the Global Advisory Committee on Vaccine Safety’s position on Hepatitis B vaccination and Multiple Sclerosis:

The Global Advisory Committee on Vaccine Safety (GACVS) has concluded that there is no association between administration of the hepatitis B vaccine and multiple sclerosis (MS). Since 1982, hepatitis B vaccine has been given to over 500 million people around the world. The hepatitis B vaccine is the first and only vaccine that prevents liver cancer by preventing hepatitis B infection.

It would seem Judy consciously rejects accepted material for that which is clearly baseless. Despite this mad scramble to blame almost every childhood ailment on vaccination, Wilyman has forgotten her hypocritical quote above. “Coincidence is not science”. In an evidence vacuum, her “synergistic, cumulative and latent effects” simply do not exist.

Despite the coincidences and claimed conspiracies, Judy Wilyman is yet to produce the science.