SensaSlim: “The cavalry is on the way”

We last left SensaSlim on July 6th, after a look at some nasty tactics and the use of Rogers Digital marketing Australian news site, to publish “news” stories about their miraculous product.

Next up came the June 21st SensaSlim newsletter, scribed by the elusive Peter O’Brien. It opened with:

Hello Everyone,

The  cavalry is on the way.

I have just been informed that SensaSlim International have arranged for two of the coordinators of the clinical trials that were conduct by the Institut De Recherche Intercontinental to travel to Australia to assist us in defending the integrity of the worldwide trials.

The Institute are treating criticism of their trails very seriously. Dr Strebel who is currently in Moscow on a project and has made contact with SensaSlim lawyers to ensure they are given every assistance through the preparation of affidavits that can be presented to the Supreme Court of New South Wales with regard to the defamation proceedings brought against Dr Ken Harvey.

They are also going to assist us with the preparation of any material that needs to be submitted to the ACCC to dispose of the allegations that the trials are not conclusive. We will also be proposing to have the trials coordinators speak with Today Tonight whilst they are in Australia and other health writers to combat this attack against us.

I have now seen affidavits that have been filed in the courts in England by SensaSlim International against Dr Matthew Capehorn. There can be no doubt in anybody’s mind upon reading the material that Dr Capehorn was given the data he required to prepare the white paper and that he was prepared to continue to stand by the white paper conditional upon being paid additional money. As I have always said the dispute with Dr Capehorn has nothing to do with the evidence of the efficacy of SensaSlim but it is all about money.

Area Managers have asked me to confirm that SensaSlim was approved to be sold as a dietary aid by the Therapeutic Good Administration based upon the ingredients and not the clinical trials. The clinical trial data was of no interest to the TGA and nor did they ask for it. All they wanted to be satisfied with was the ingredients in the product and the formulation and if based upon the science the product would be able to achieve weight loss.

Those keeping up with the saga will recognise the arrogance in the wording of this newsletter on several points. Today Tonight have started to distance themselves from SensaSlim. It was beyond ambitious to suggest research authors from the Institut De Recherche Intercontinental (IRI) would – just like the cavalry – come a-recscuin’ by submitting materials, “to the ACCC to dispose of the allegations that the trials are not conclusive.” At much the same time the ACCC had discovered the IRI was a bogus entity and that photos depicting executives – or the cavalry, if you will – were also bogus, being photos of lung specialists from St Paul Lung Clinic in Minnesota, USA. SensaSlim legal eagle Terry Harrison said at the time, the Australian arm had cobbled the deal with Dennis Thornton of Lloyds Business Brokers, on behalf of SensaSlim Suisse Ltd. According to the director of Lloyds Business, Thornton was found dead last year. Australian Skeptics have an article here, reviewing the ACCC and Ken Harvey’s position.

The ACCC had won a federal court order to freeze SensaSlim’s Australian assets, most likely on the basis of fabricated trial evidence presented on Australian TV. Certainly for engaging in ‘‘misleading and deceptive conduct’’ under the Trade Practices Act 1971. The assets are frozen until a hearing on August 31st. This is the basis of Dr. Ken Harvey’s complaint against the company. A report, not written by Harvey, about this complaint was published on auspharmacist.net.au provoking SensaSlim to sue for defamation. Making the caper even more overtly scam-worthy was the fact the same pictures of the USA doctors were published on the site of the Mountebank Clinic. The “clinic” address is an industrial estate in Bargo, NSW.

“Mountebank” means:

“a person who sells quack medicines, as from a platform in public places attracting and influencing an audience by tricks, storytelling, sleight of hand, etc… a person who deceives others especially in order to trick them out of their money… any charlatan or quack”

Charming. The clinics’ director was passed off as an “Dr. Joseph Balsamo”, with an image of singer Alberto Balsamo and the qualifications of Flindsers University academic, Adjunct Associate Professor Mary Harris. The Mountebank gig is apparently part of Reef Health who open their website blurb with the strange line, “Reef Health Pty Limited is a 100% Australian company dedicated to natural products which are not only good for you, but actually help.” Reef Health is owned by Andrew Tarter/Tatar and his girlfriend Roxanne Naylor.

That doesn’t stop Roxanne auctioning herself off for a date on this crass dating site – What’s Your Price? She’s getting good mileage from that profile picture. Tatar – or Tarter – is a struck off Sydney solicitor arrested in Vanuatu in 2007 under suspicion of helping smuggle a convicted conman from Fiji. That conman was none other than Peter Foster. Naylor and Tatar are respectively CEO and General Manager of Kava Kwik – Vanuatu Instant Kava.

There’s a wonderful little exchange about sunny Vanuatu here on the Scam.com forum from October/November 2008. A Peter Foster claims to have been conned by a Sam Grant who pushes cancer cures and sells worthless “distributorships”. Grant sells, ahem, “neutraceuticals“. A Brian Smith also suggests Grant is a conman. Grant refutes Fosters account, denying he sells distributorships and pointing out Foster is in jail. Then an “ausman123” rips into “real scammers” Andrew Tarter/Tatar and Roxanne Naylor for scamming Sam Grant:

They own reefhealth.com which WAS reselling a product of sam grants (sic) in Australia. He did this in good faith and shipped all stock without payment.Andrew & Roxanne did not pay for ANY stock even though Sam shipped the orders. When Sam asked for his money Roxanne and Andrew went and registered domain names in Australia and the UK which are the brand name of Sam Grants product and redirected them to Reefhealth.com and posted a FALSE claim about the product.

Roxanne then sent an email to Sam saying that she would be interested in selling the domain back to him. Extortion?
So lets look at the facts:
1. Roxanne and Andrew have history of scams and running scams.
2. Roxanne and Andrew did not pay for stock and pocketed the money rather than paying the bill.
3. Roxanne and Andrew then bought brand domains names and redirected them to their website which they changed and put a FALSE statment about the product to trick customers.
4. Roxanne and Andrew then began posting FALSE information on Sam Grant calling him a scammer.
5. Peter Foster is an international SCAMMER who is associated with Roxanne and Andrew. Interestingly enough he is in Jail at the moment so for him to post on an internet forum while is jail is truly amazing.

Scammers scamming scammers? Or is it just a scam? Either way after this cosy chat and the information pulled together by The Age – and also independently by a member of Support Dr. Ken Harvey – it’s entirely possible Naylor and Tatar/Tarter were “fronting” for Foster. Reef Health accused The Age of “hacking” their Mountebank Clinic website and it disappeared on the same day. The Age has admitted using an incredibly complex and particularly darstardly piece of software known in hacking circles only as… “Google”.

The next day, June 23rd saw reports of a $4.2 million class action by over 70 franchisees conned into paying up to $60,000 to buy SensaSlim stock. They also fell for the line of supposed clinical trials and substantial evidence. Slater & Gordon are working with the ACCC in a bid for compensation, which may indeed prove difficult given SensaSlim’s Australian accounts hold approximately $230,000.

With regard to Dr. Ken Harvey’s defamation case, I mentioned last time that Justice Lucy McCallum had issued consent orders on June 14th. One of which was that, “The plaintiff file an amended statement of claim on or before 1st July 2011”. Sadly for SensaSlim this did not come to pass. Following the ACCC action their lawyers, Kennedy’s Australia withdrew from the case. By June 30th John Kukulovski of Jirsch Sutherland was appointed administrator and by July 5th it was reported he was recommending liquidation. Dr. Harvey has been awarded costs although until happily reimbursed cause for celebration must wait. His lawyers will apply to have the defamation case struck off on July 11th.

The paragraph above in which Peter O’Brien notes the TGA were not interested in product efficacy is accurate and gives insight into the problems with Australia’s regulatory system. Here’s the TGA’s public summary of SensaSlim. In effect the paper tiger position of the TGA is the genesis of this entire sorry saga – and an avalanche of other scams, shams and inefficacious “remedies”. The TGA claimed in June that it cancelled SensaSlim’s advertising approvals and welcomed the ACCC investigation. Pharmainfocus.com.au reported;

“TGA has already taken regulatory action through cancelling SensaSlim’s advertising approvals. We have tested their product and although we have found it does not contain any unsafe ingredients, TGA is continuing to assess other aspects of the product,” a spokesperson said.

Which is as usual, utterly useless. The TGA should invoke Section 30 of the Australian Therapeutic Goods Act, 1989 and deregister SensaSlim from the Australian Register of Therapeutic Goods – certificate here. Presently the anorexic slogan Nothing tastes as good as slim feels still heads up SensaSlim’s shiny new sales and advertising website, including the absurd “lose weight while you sleep” argument. As reported in today’s Weekend Health in The Australian;

But on a newly established website the company confirms it’s proceeding against Harvey. Although the TGA assured Weekend Health in June that it had cancelled SensaSlim’s advertising approvals, the firm continues to promote its product on the new site, claiming the spray is approved by the TGA and the Health Department.

[…..]

A TGA spokesperson wasn’t able to clarify the situation as Weekend Health went to press. Harvey suggests the case highlights “fundamental flaws” in Australia’s system of regulation and promotion of complementary products. Specifically, the TGA’s lack of teeth and a distinction between “listed” and “registered” products that is unclear to the public.

Listed products are assessed by the TGA only for safety and quality, while registered products are also tested for effectiveness.

Being snobbed off is nothing new for the TGA. The article also mentions some nasty tactics recently used to bully co-complainant Dr. Lesley Campbell over her position in Harvey’s defamation case. Another problem of course is the role of pharmacists in selling the product – just one of many unproven remedies they stock. SensaSlim are also hyping up The Australian spray weightloss challenge, and use the site to boast the Australian Register of Therapeutic Goods certificate.

The final balderdash to note is the “settlement” of the stunt case in which SensaSlim claimed the jockey of Black Caviar had lost too much weight. On examination it’s absurd. I opined to other’s on June 26th, when Yahoo 7 published the story that jockey’s are weighed pre and post race. Underweight jockey’s carry weights in their saddles. So Wanderson D’Avila was the correct weight and apparently magically lost 0.8kg within about 30-40 minutes before the next weigh in. Even The Age picked up this AAP story, in which D’Avila was apparently paid $12,500.

Fortunately Jonathan Holmes of ABC’s Media Watch gives this story – and much of the Sensaslim con it’s due, below. The final insult is that now – on their new website – SensaSlim is offered free to jockeys over the 2011 racing season. Again, they use the made up claims attributed to Dr. Capehorn. He denies ever making them and lists this, along with use of his endorsement and identity before he actually sighted evidence, as a key reason for quitting his role as Research Director. He is suing SensaSlim for breach of contract and they are suing him for breach of contract. Nonetheless the hilarity includes;

Dr Matthew Capehorn, SensaSlim Research Director and Clinical Director of the National Obesity Forum in the UK said, “The erratic dietary habits and pre-race preparations of many the nation’s jockeys is an ongoing tragedy waiting to happen.”

Dr Capehorn noted recent press reports in Australia that highlighted not only eating disorders in the sport but lethal lifestyle choices associated with the need to lose weight quickly. He said the same pattern could be seen in the racing industry around the world.

Jockeys are traumatised and tortured every day by food deprivation,” Dr Capehorn said. “The constant thoughts of food and being hungry have led to mental breakdowns, domestic violence and even suicide.

One can only anticipate the demise of this scam with something close to urgent glee. Nasty people, nasty tactics, nasty claims. Australia still lacks appropriate legislation to effectively and quickly deal with this type of nonsense. Though on the positive side, their assets are frozen, they went into liquidation on July 1st and Ken Harvey’s lawyers will apply to have the defamation case struck off on July 11th.

Sadly, I’m sure SensaSlim will go on to rort consumers in Europe for some time to come.

Australian Vaccination Network 101

Meryl Dorey of The Australian Vaccination Network says opposition to her operation is an attack on free speech. That claim however, is a simple ruse to divert attention from the reality of dangerous and illegal conduct.

A Mother’s Choice: The tragedy of the Australian (anti) Vaccination Network

HCCC Find AVN Risk Australian Health

AVN Lied To Members Over Charity Status

Poll Source

Dirty tactics when SensaSlim first copped a spray

June was a bad month for miracle diet spray SensaSlim. To date I’ve only published The Sensaslim Affair by Ken Harvey, SensaSlim Jockeying for credibility, Beware the lure of new treatments – a very pragmatic piece by Professor John Dixon and Louisa Hall’s piece – which I’ll get to.

We know that Dr. Ken Harvey is one of seven, perhaps nine, complainants and that Professor Lesley Campbell, from the St Vincent’s Hospital diabetes centre is another. As can be read in the above the complaint was simple in that SensaSlim was making ridiculous claims of efficacy. In the absence of any evidence – the much hyped “research” has still not been validated – the claims were most likely fabricated.

Almost certainly others are franchisees left out to dry with their investment. SensaSlim had promised marketing and advertising help which never eventuated. Dr. Harvey was being sued for $800,000. On June 14th the case came before Defamation List Judge, Justice Lucy McCallum, in the Supreme Court at Sydney. The following consent orders were made by Justice McCallum, and published on the Support Dr. Ken Harvey Facebook page in response to SensaSlim’s Australian manager Adam Adams’ rather biased, if not gloating account. The thread has since been deleted by Adams:

  • The plaintiff file an amended statement of claim on or before 1 July 2011;
  • The defendants file a defence on or before 15 July 2011;
  • The plaintiff file any reply on or before 29 July 2011;
  • The defendants’ notice of motion dated 24 May 2011 be dismissed;
  • The plaintiff pay the defendants’ costs thrown away by reason of the plaintiff’s amendment to its statement of claim;
  • The proceedings be stood over to the defamation list on 15 August 2011;
  • The parties have liberty to relist the proceedings in the defamation list on 11 July 2011.

Basically this meant Dr. Harvey had not had the charges thrown out. The plaintiff – SensaSlim – was to file an amended claim by July 1st. SensaSlim thus had to pay Dr. Harvey’s costs because of their amended statement of claim and there was another opportunity on July 11th for potentially seeing the case dismissed. On June 17th, Louisa Hall writing for Fairfax noted the appalling situation that had allowed this action to come about.

Primarily that if any court action is underway complaints lodged with Australia’s TGA against the plaintiff can not be pursued through the Complaints Resolution Panel – CRP. This allows ongoing selling of, and profitting from, the product through it’s “outlandish” claims. Libel cases may take over a year leading to significant income for what may turn out to be a scam. This is a major flaw in TGA legislation. They will only invoke Section 30 of the Australian Therapeutic Goods Act, 1989, which would make ongoing selling and advertising illegal, when the company itself is deemed to be acting fraudulently. This would also remove SensaSlim from the Australian Register of Therapeutic Goods. But as noted here before, presently the TGA care not if a product works: only if it considered to be of acceptable risk.

In the article by Louisa Hall SensaSlim’s legal adviser, Terry Harrison denied the entire defamation suit aimed to gag Dr. Harvey. Interestingly almost two weeks before, SensaSlim Newsletter number 42 was falling into the odd lap. Written by Adam T. Adams – Australian Manager, it contained reference to the CRP in stark dissonance to Terry Harrison’s assurances.

It gives alarming insight into the arrogant stand-over talk directed at Area Managers, who no doubt smelled a rat months before. They had threatened legal action in lieu of repayment of their investment. Adams names them all [I won’t] and claims his legal advice is that this action is fatally flawed. These poor investors were left with the sole option of trying to sell their entire Areas and then… go away. What’s interesting is that the legal team acting for the disgruntled Area Mangers had included a CRP determination from March 30th, 2011. “CHC” is the Complimentary Healthcare Council. [Bold Mine except in red]. Adams wrote in part;

But that’s not the issue I want to make. The issue I want to make is in the letter [the law firm] said has (sic) follows. One of the reasons they [Area managers] wanted “out” was:

“… determination published by the Therapeutic Goods Advertising code complaints resolution panel on the 30th March 2011, clearly found examples of inconsistencies of many representations, (our client are certain that the fact that this panel will now review SensaSlim’s responses to the complaint, which were only received by the panel on the 30th March 2011 and issue a new determination, which our clients are confident will not materially change nor effect the existing determination)”.

You will be aware that I told you that Peter O’Brien was able to have the Complaints Resolution Panel withdraw their published determination. This was mentioned in Newsletter 38, where I advised:

“On Wednesday we received a phone call from a Area Manager, “DP”, saying that the Complaints Resolution Panel had brought down a decision and published it on their website in regard to a complaint about the SensaSlim website. We mentioned this to you previously that our competitors were filing complaints with a view to hindering our progress.

David directed us to the CHC website and a report had been published. Except the report stated that the CHC had found against the company because we haven’t filed a defence. Except we did file a defence on the 25 of January and again when confronted with this crises Peter O’ Brien swung into action with his legal teams and within one hour the CHC had taken the report off their website and agreed that the report is now redundant and that they would withdraw any ruling against SensaSlim”. But back to this week…

So the lawyers for the above Area Managers said that they were ‘confident’ that a review by the Complaints Resolution Panel will not change anything. They, [names deleted]  were ‘confident’ that the company would still be found to be at fault by the Complaints Resolution Panel. Is that ‘confidence’ built on anything except negativity or pessimism? I don’t think it is.

But they were SO WRONG.  So very very WRONG.

So here’s the good news. Last week Peter O’Brien was at his desk until 11pm the night before the CRP were to reconsider the matter, and back at 5 a.m., drafting, redrafting and writing a 9 page submission. With the assistance of his legal team and SensaSlim in London’s lawyers a very comprehensive submission was written stating that the CRP had absolutely no justification at law in adjudicating on the matter since the company had filed an $800,000.00 defamation lawsuit against Dr. Ken Harvey.

You see, it is written in Law that if the subject matter of the complaint is currently the subject of court proceedings, then the CRP are unable to adjudicate. I have attached a copy of the submission just so you get some understanding of the work, the very hard word that is happening behind the scenes that you never see, to uphold the good name of SensaSlim.

So when I read that Area Managers think that the management of this company would be best served if we were replaced by them, and there were others at the helm I think it is absolutely laughable. Too silly for words, really! “TB” who suggests such an action and thinks he could run the company better, is the one who said that they were confident, the CRP would find against us.

Peter O’Brien didn’t accept such a fate but together with his lawyers (by the way Robbinson Legal are the lawyers who acted for Paul Hogan in his case against the ATO, so they’re not frightened of a stoush either) found a way to defend the company. This defamation action, which could be in the courts for a year or two or even longer, basically gives an iron clad protection that nobody can raise a complaint against SensaSlim to the CRP and hurt us.

There are nine complaints that were received in a three day period two weeks ago. These were not complaints by members of the public, but clever legal crafted arguments by people acting on behalf of our competitors and big pharmaceutical companies. These are the same people who have written to the CHC to delay and hinder our progress and having our advertisements approved..and they also wrote to the TGA.

But let me say this. We will not allow their dirty tactics defeat us. We had a very big win this week with the determination by the CRP that they cannot adjudicate on any matters pertaining to SensaSlim.

It was known widely that the CRP decision was published, and then apparently removed within an hour or so. The reason given by the CRP was that SensaSlim claimed to have not been notified. That they never received email notification of the decision and thus did not file a defence. Yet above Adams is telling his own investors they did file a defence, the CHC got it wrong and Peter O’Brien “swung into action”. Confusing. We’ve also got a Big Pharma conspiracy and the lie that “competitors” are behind the “clever legal action”. Finally, there’s no ambiguity about legal action stifling complaints.

But there was more fun to be had. Over much of the first three weeks of June I was corresponding with an editor from Australia.to, a sub domain of World News site http://www.international.to/, a service of RogersDIGITAL.com, which had been “reporting” frequently and favourably about SensaSlim. Rogers Digital specialise in providing advertising techniques including brand direct response and behavioural targetting. They “deliver a diverse audience for advertisers including… women and men of all ages, shoppers, travellers and business and IT professionals”. Their advertising opportunities aim to meet “all the needs of marketers”, via websites “which reach ‘buy-ready’ customers”.

The reason for the correspondence was in response to my concern over a “news” article by a Peter O’Brien about the Jockey weight loss affair. Including;

The jockey of super horse Black Caviar has admitted using the controversial slimming spray as his secret weapon allowing him to calm his nerves, forget about food cravings and focus on Black Caviar, but critics warn that this could lead to unexpected excess weight loss and potential disqualification.

“I am aware of the law suit, but the benefits outweigh the risks,” Nolen said. “This has been a lifeline to many jockeys.”

The Thank you for suing us ad was also published. Both articles were under the sites “your say” URL’s. The advertisement, first published June 5th in The Sunday Mail, lacked a Complimentary Healthcare Council number, suggesting SensaSlim wasn’t accredited. Both the CHC and ACCC say this accreditation aims to provide;

“…. reliable and quality advice and information to our members, government, key stakeholders, the media and consumers.”

Correspondence dried up about the same time I spelled out the problems with SensaSlim’s “white paper”, and the fact Dr. Capehorn who was being used to endorse the product refuted that he made any comment supporting the jockey weight loss stunt. I also spelled out that Capehorn had quit his role with SensaSlim and issued statements through his lawyers. More so there were problems with Australia.to publishing even more articles claiming SensaSlim was represented at the 18th European Congress on Obesity in Turkey. I’ll get to that directly.

Interestingly the Thank you for suing us ad piece and the Black Caviar jockey piece by Peter O’Brien have disappeared. Follow those links and you get a 404. The following day I raised concerns with the editor about an article headed, “Obesity scientists told of SensaSlim slimming spray that has the effect of ‘Fooling the Brain’ into Thinking You’re Not Hungry” and another headed “Four Twins, a Jockey and a sensational slimming spray talk Turkey”. I received no reply. Ironically, both these articles now deliver a 404 message also.

I also asked Adam Adams to explain this claim of SensaSlim representatives attending the conference on the Support Dr. Ken Harvey Facebook Page on June 17th. By this stage most knew there was almost certainly no “evidence”, and it had become clear SensaSlim were not even at the Obesity conference. One complainant had attended the conference. Asked about the SensaSlim claims this person replied that none of the “so-called staffs said to have presented the work” could be found in the Congress abstracts. Secondly, no SensaSlim scientific presentation was witnessed. Thirdly, whilst there were outside booths at the conference at which weight loss products and devices may be advertised without any evidence, SensaSlim had manned none of them.

What happens next – June 22nd onwards – is well known, but also very funny in respect of SensaSlim’s June 21st newsletter written by none other than the elusive Peter O’Brien himself. Given time differences it would seem that the ACCC were moving to freeze SensaSlim Australian accounts at much the same time O’Brien opened his newsletter with “Hello Everyone, The  cavalry is on the way.” I’ll cover these events next with a look at the ridiculous “settlement” for the Black Caviar jockey stunt. For now a review of the ACA programme that pulls together the vital flaws in this blatant scam.

Chaplains in schools: how Australians were misled with false statistics

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

End War On Drugs, Try Legalisation: Global Commission On Drug Policy

The Global Commission on Drug Policy aims;

To bring to the international level an informed, science-based discussion about humane and effective ways to reduce the harm caused by drugs to people and societies.

Their goals are to;

  • review the basic assumption, effectiveness and consequences of the ‘war on drugs’ approach
  • evaluate the risks and benefits of different national responses to the drug problem
  • develop actionable, evidence-based recommendations for constructive legal and drug policy reform

At the beginning of June they released a comprehensive report [below] arguing that the War on Drugs had failed and that it was time to look at options such as regulation and legalisation. With opiate use up 34.5%, cocaine use up 27%, cannabis use up 8.5% in a decade, the GCDP recommends an end to the criminalisation, stigmatisation and marginalisation of drug users who do no harm to others. Portugal successfully decriminalised drugs a decade ago.

   Report of The Global Commission on Drug Policy – June 2011