(Excerpt of Complaint)
Re NHMRC CEO’s alleged illegal approval of the
Australian Immunisation Handbook
No. CASE- (receipt after lodgement}_____________
pursuant to Section 39 of the Public Interest Disclosures Act 2012 (Vic.)
• from any civil or
• criminal liability or
• any liability arising by way of administrative
• (including disciplinary action) for making this
BY COMPLAINANT : ……………………………………………………………………
TO: Independent Broad-based
Anti-Corruption Commission (IBAC)
Attention: Manager Assessments and Review E: email@example.com
GPO Box 24234 Melbourne VIC 3001 Level 1, North Tower 459 Collins Street, Melbourne VIC 3000
Version : CorruptionComplaint.NHMRC.Handbook.210315.1.CASE000.General.pages
Is the Key
of the Chief Medical Officer
and the NHMRC CEO
The Australian Immunisation Handbook
is Null and Void
Because it has not been approved legally
by the NHMRC CEO
National Health and Medical Research Council Act 1992
(Annexure A is part of the complete document)
The Complainant makes the following allegations in relation to Annexure A, entitled “NHMRC Procedures and Requirement for Approval of the Australian Immunisation Handbook” , which was one of the subject matters of a Corruption Complaint lodged by Graeme Little Ne Peter POPE on 26 February 2021, being No. Case 2021591. (See
www.chasetruth.club E:firstname.lastname@example.org M:+61434178638
1. Annexure A is not the document governing the procedures and requirements for approving the Australian Immunisation Handbook (“Handbook”) when the 10th edition of the Handbook was approved on 25 January 2013.
2. Annexure A was not approved by the NHMRC Council in 2011.
3. Annexure A does not legally meet the public consultation requirements of the National Health and Medical Research Council Act 1992.
4. The applicable procedures document is the“Procedures and requirements for meeting the 2011 NHMRC standard for clinical practice guidelines May 2011 version 1.1”. This 29 page document includes 55 mandatory guidelines (Annexure B), which the Handbook fails to meet.
(front cover of 29 pages plus reference to mandatory guidelines)
(Annexure B is part of the complete document)
NOTIFICATION of COMPLAINT
Re POTENTIAL PUBLIC INTEREST DISCLOSURE
For ASSESSMENT and DETERMINATION by IBAC pursuant to Section 26 of the Public Interest Disclosures Act 2012 (Vic.)
The Complainant alleges Conduct by the Prime Actors that could constitute a Conspiracy or Corrupt Conduct or Improper Conduct in relation to the Australian Public Health Policy, Recommendations and Administration in Victoria, each State and Territory, and the Commonwealth of Australia, based on the disclosures in this complaint.
Federal Health Minister The Honourable Greg Hunt MP
Professor Paul KELLY, Australian Chief Medical Officer
Professor Brendan MURPHY, Secretary of the Department of Health appointed on 13 July 2020; former Australian Chief Medical Officer
Professor Anne KELSO, Chief Executive Officer, National Health and Medical Research Council, former Director of the WHO Collaborating Research Centre for Reference and Research on Influenza (2007-April 2015)
Professor Warwick ANDERSON, former Chief Executive Officer, National
Health and Medical Research Council (2006-2015)
Dr Anne TONKIN, Chair, Medical Board of Australia (“MBA”) Australian Health Regulation Practitioner Agency (AHPRA)
Mr Martin FLETCHER, Chief Executive Officer, AHPRA
Ms Gill CALLISTER, Chair Agency Management Committee, AHPRA
Professor Graeme SAMUEL, Member, National Health and Medical Research Council (2015-2018), Chair National Health and Medical Research Council National Institute for Dementia Research
Professor Bruce ROBINSON, Chair National Health and Medical Research Council (2015- )
A/Prof Christopher BLYTH, Co-Chair Australian Technical Advisory Group on Immunisation (ATAGI)
1. The central core of the Complainant’s disclosure is the alleged illegality of the central linchpin of the Australian public health system, namely the Australian Immunisation Handbook (“the Handbook”), which can be accessed at https://immunisationhandbook.health.gov.au/ .
2. The Handbook is the “ medical vaccine bible” containing all the recommendations for vaccinations used by health practitioners, together with a summary of the supporting evidence base, and is specifically referenced in the No Jab No Pay and No Jab No Play legislation.
3. The Chief Executive Officer of the National Health and Medical Research Council is responsible for approving all clinical guidelines recommended to health practitioners in Australia under the National Health and Medical Research Council Act 1992 (“NHMRC Act”).
4. The current NHMRC CEO, Professor Anne Kelso, appointed in April 2015, purports to rely upon a ONE PAGE document entitled “Procedures and Requirement for approval of the Australian Immunisation Handbook” (Annexure A), provided on 19 October 2018 to Australian Lawyer, Graeme Little Ne Peter Pope pursuant to his Freedom
of Information request.
5. The Complainant alleges the 10th edition of the Handbook published on 25 January 2013, and subsequent amendments, were required to meet the “Procedures and requirements for meeting the 2011 NHMRC standard for clinical practice guidelines May 2011 version 1.1” (Annexure B). This 29 page document includes 55 mandatory guidelines, which were not met, and can be accessed at https://www.nhmrc.gov.au/file/5006/download?token=h9fDiq14 .
6. The Complainant considers there can be only one interpretation of which procedural document is in force due to the use of the word “the” on page ii of the hard copy version in force on 25 January 2013 : “In approving these guidelines the NHMRC considers that they meet the NHMRC standard for clinical practice guidelines.”
7. If both procedural documents were in force in 2011 ( A and B), then the Handbook would not have used the word “the” as this word implies there is only one guideline, namely the only guideline with the following words in the heading “NHMRC standard for clinical practice guidelines”, namely “Procedures and requirements for meeting the
2011 NHMRC standard for clinical practice guidelines May 2011 version 1.1”.
8. Even if investigations reveal the current NHMRC CEO, Professor Anne Kelso, can substantiate the “Procedures and Requirement for Approval of the Australian Immunisation Handbook” (Annexure A) has been in force since 2011, those procedures are clearly beyond the powers provided to the NHMRC CEO by the National Health and Medical Research Council Act 1992.
9. The Complainant notes the “Procedures and Requirement for Approval of the Australian Immunisation Handbook” (Annexure A) purports to give power to the NHMRC CEO to decide whether a public consultation is required for a minor or substantive change to the Handbook.
10.Clearly section 14A and section 14B of the NHMRC Act operate together to only exempt public consultations in the event of changes of “minor significance”,(s14B(1)(a)(ii))
but only then if decided by the NHMRC Council, rather than the NHMRC CEO.
(Excerpt of Complaint)