AVN dodges health warning bullet

In July 2010, the HCCC issued a public statement about Meryl Dorey's Bangalow-based AVN, warning people about its “misleading and incorrect” information.
In July 2010, the HCCC issued a public statement about Meryl Dorey's Bangalow-based AVN, warning people about its “misleading and incorrect” information. Jacklyn Wagner

THE Supreme Court has ruled this morning that the Health Care Complaints Commission (HCCC) was outside of its jurisdiction when it issued a public warning against the Australian Vaccination Network.

In July 2010, the HCCC issued a public statement about the Bangalow-based AVN warning people about its "misleading and incorrect" information.

Complaints about the AVN were lodged to the HCCC by Ken McLeod, of the Stop the AVN group, and the Lennox Head McCaffery family, who lost their baby to whopping cough.

The AVN took the HCCC to the Supreme Court to challenge the public warning.

This morning, Justice Adamson delivered her judgement after a hearing earlier this week.

She ruled that the complaints submitted by Mr McLeod and the McCafferys were not complaints under the Health Care Complaints Act 1993.

In her judgement, Justice Adamson said that the AVN had not been shown to "affect the clinical management or care of an individual client."

Justice Adamson ordered the HCCC to pay the AVN's legal costs unless another application was submitted to the Supreme Court within seven days.

A spokeswoman for HCCC said this morning they were "considering the decision" but would not make any further comment.

Topics:  meryl dorey nsw supreme court

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