This appears to be a system problem which has been referred to the appropriate IT branchfor investigation and identification of possible solutions.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 orderto immunise a child with legal and living expenses. The appeal ran for a short time in2008 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 raisingfunds for an advertisement in the Australian commencing in March 2009 andconcluding July 2009. The specific purpose was changed during the course of theappeal to fund advertisements in Child magazine. This appeal raised $11,910. Noneof the funds were applied to the specific purposes. It is noted that AVN did spendsome $15,000 during the period December 2009 to July 2010 on various forms ofadvertising.3. Bounty Bag Program and Vaccination Testing – for a number of years AVN hassolicited for donations generally in a manner where, despite it not being AVN’sintention, one specific purpose was created in that donations could only be spent onone or more of four purposes, including funding the provision of AVN material in theBounty Bag program and testing of vaccines. No funds raised have been spent onthese two purposes.There is evidence that funds donated for the above specific purposes have been applied toother purposes including the running costs of AVN. Accordingly these matters have beenreferred to the Department of Justice and Attorney General, the Department that administersand regulates the
Charitable Trusts Act 1993
.As you are already aware the Minister revoked AVN’s authority to fundraise on 14 October2010 under the following grounds as set out in section 31 (1) of the Act and for the followingreasons:
(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 recommendedby the Health Care Complaints Commission (HCCC). This has resulted in anunacceptable risk of potential donors to the Organisation being misled when making adecision whether or not to make a donation, which has led to appeals not beingconducted 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 donationsto believe that they are donating to a cause which promotes vaccination whereas theOrganisation adopts an anti-vaccination position. When requested by the HCCC topublish 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 inthe Commission publishing a Public Warning on 26 July 2010 advising that this failure