The organisation Fans of the AVN has sent out a call for funds to fight the No Jab No Pay legislation in the High Court.
Issued by Meryl Dorey, former president of the Australian Vaccination Network (now the Australian Vaccination-Skeptics Network), the call links to a fund-raising site. The site was actually set up in April to “fight compulsory vaccination”, with no mention of the No Jab No Pay legislation.
Dorey admits that she is no longer on the Committee of the AVSN, though she is financial member. Nonetheless she obviously feels she can speak on their behalf, saying on the post that “We need your help and you NEED us!”
On the Fans’ Facebook site, Dorey said: “With the nearly definite passage of no jab no pay legislation by the senate, the only option available (as far as I can see) is to challenge this legislation in the High Court of Australia.
“That means lots and lots of money will be needed since court cases are incredibly expensive and the higher the court, the more money it will take!”
The fund-raising site is asking for pledges for later call-in should the case go ahead. There is no indication on the site as to how much money has already been ‘raised’, a point made by several people who said they had pledged.
Dorey said that “The AVN’s Supreme Court battle [against the NSW Health Care Complaints Commission in 2012] cost over $60,000 when you take into account our own costs (most of which we got back) and the government’s costs. This one – in the High Court of Australia – will cost much more than that.”
In fact, in response to a Facebook query, Dorey said that “My guess is that we need to get up to $100,000 to have any chance of retaining a QC and assembling a legal team which is what will be needed to go to the High Court. But at the very least, we should be able to get injunctive relief to delay the implementation of this legislation in January – with everyone’s help.”
The functions of the High Court of Australia are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws; and to hear appeals, by special leave, from Federal, State and Territory courts.
Legal opinion obtained by Australian Skeptics Inc indicates that having such a case heard by the High Court, as the AVSN apparently intends, may be extremely difficult.