Wednesday 18 April 2012 [PDF,48kb]The Office of Liquor, Gaming and Racing (OLGR) has received legal advice that the revocation of the Australian Vaccination Network’s charitable fundraising authority can not be sustained.
In 2010 the then Minister for Gaming and Racing revoked AVN’s previous charitable fundraising authority.
The revocation was based substantially on a public warning issued by the Health Care Complaints Commission (HCCC) that it “posed a risk to public health and safety” for failing to publish a recommended disclaimer on its website. An investigation by OLGR in 2010 also detected some compliance issues in regard to charity laws.Earlier this year AVN successfully challenged the HCCC’s public warning in the Supreme Court which found the Commission had acted outside of its jurisdiction.
AVN had also lodged an application in the Administrative Decisions Tribunal challenging OLGR’s revocation of its charitable fundraising authority.
In the Tribunal today (April 18) AVN’s application was dismissed by consent. OLGR has issued AVN with a new charitable fundraising authority after assessing a new application on its merits in accordance with applicable laws.
OLGR also took into account remedial action taken by AVN to rectify breaches of the charity laws previously identified.
In granting its licence, OLGR has a role in monitoring AVN fundraising activities to ensure compliance with charity laws and its licence conditions.